10/19/2021 04.N. Resolution authorizing a subrecipient agreement with Educational Services District 105 relating to the OJJDP Youth Gang Suppression Grant 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.N.
For Meeting of: October 19, 2021
ITEM TITLE: Resolution authorizing a subrecipient agreement with Educational
Services District 105 relating to the OJJDP Youth Gang
Suppression Grant
SUBMITTED BY: Sara Watkins, City Attorney
SUMMARY EXPLANATION:
The City of Yakima, in partnership with ESD 105 and YSD, runs the Yakima Youth Leadership
Program, a leadership program aimed at 6th graders. This program is currently funded through
an OJJ DP grant previously accepted by the Council. An MOU with the Yakima School District,
ESD 105 and the City has also previously been entered into and is included with the packet. The
OJJ DP grant pays for four Education Advocates who provide advocacy, mentorship and services
to the youth participants and their families. ESD 105 receives grant funds through the City on a
reimbursement basis. This subrecipient agreement outlines the subrecipient requirements for
ESD 105 with regards to the federal grant.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
D Res-ESD 105 Subrecipient Agreement 10/4/2021 Resolution
D MOU Between COY and ESD 105-OJJDP Grant 10/4/2021 Backup Material
D Contract for Federal Subrecipient Grant Funding 10/4/2021 Contract
D OJJDP Grant Award 10/5/2021 Backup Material
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RESOLUTION NO. R-2021-
A RESOLUTION authorizing a subrecipient agreement with Educational Services District
105 relating to the OJJDP Youth Gang Suppression Grant.
WHEREAS, in 2019 the City of Yakima was granted $230,000.00 from the Office of
Juvenile Justice and Delinquency Program (OJJDP) to implement the Yakima Youth Leadership
Program; and
WHEREAS, the City of Yakima entered into a Memorandum of Understanding with the
ESD 105 and the Yakima School District with regards to each entity's roles and responsibilities
with regards to the grant; and
WHEREAS, the ESD 105 is responsible under that Memorandum for all personnel, salary,
benefit, equipment, travel and other costs associated with the hired Education Advocates who
work directly with the 6'h graders at each of the Yakima School District middle schools and is
reimbursed by the City with the OJJDP grant funds; and
WHEREAS, this subrecipient agreement formalizes the reimbursement payment
requirements associated with the payments ESD 105 receives from the City through the OJJDP
grant; and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and
its residents to authorize and enter into the Contract for Federal Subrecipient Grant Funding with
ESD 105 regarding the Yakima Youth Leadership Program funded through the OJJ DP grant; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Contract for Federal Subrecipient
Grant Funding agreement with Educational Services District 105 relating to the Yakima Youth
Leadership Program and OJJDP grant funding through the Youth Gang Suppression grant
program.
ADOPTED BY THE CITY COUNCIL this 19'h day of October, 2021.
ATTEST: Patricia Byers, Mayor
Sonya Clear Tee, City Clerk
DocuSign Envelope ID:484F516C-1EAA-4F60-80C0-EDE7E677CAC1 3
Memorandum of Understanding
Between
The City of Yakima,
Educational Service District 105, and
The Yakima School District
For Services Related to OJJDP Grant 2019-PB-BX-0017
WHEREAS, during the Spring semester of 2019 (March —June), the Yakima
School District ("YSD"), Educational Services District 105 ("ESD") and the City of
Yakima ("City")(collectively sometimes referred to as "Parties") entered into a
Memorandum of Understanding creating the Yakima Youth Leadership Pilot Program
("Pilot Program"); and
WHEREAS, that Pilot Program included an intervention specialist that worked
with ten (10) students at Lewis & Clark Middle School and Franklin Middle School and
their families to education them on a variety of subjects pertinent to making good
decisions and staying away from gang affiliation and violence, as well as to encourage
them to stay in school, be involved in activities, and better communicate with teachers
and family members; and
WHEREAS, based on the data collected and evaluated, during the limited time of
the Pilot Program changes in behaviors, improvement in grades and improvement in
attendance for the participants was noted; and
WHEREAS, the City, with the support of YSD, ESD and other community
stakeholders, applied for a Youth Gang Suppression Implementation Grant through the
Office of Juvenile Justice and Delinquency Prevention ("Grant") to fund the Yakima
Youth Leadership Program past the Pilot Project and in all four YSD middle schools;
and
WHEREAS, the City was awarded the grant and the Parties wish to formalize the
obligations of each as required by the Grant and generally agreed to under the letters of
understanding submitted in the Grant application; now, therefore, it is hereby agreed to
as follows:
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1. Introduction
This Memorandum of Understanding (MOU) is between the Yakima School District,
Educational Service District 105 and The City of Yakima for the purpose of providing
gang education and prevention measures to youth affiliated or at risk to be affiliated with
gang involvement in the middle schools of the Yakima School District as part of the
Gang Reduction and Intervention Task Force Yakima Youth Leadership Program
("YYLP"), as outlined in the Project Narrative for OJJDP Grant 2019-PB-BX-0017, and
as substantively agreed to in Letters of Understanding submitted as part of that grant
application in June of 2019. The Recitals above are fully incorporated herein.
2. Term
The term of this MOU is the term of the OJJDP grant—the date of this MOU through
September 30, 2022.
3. ESD 105 Obligations
Pursuant to the terms of this MOU and the Grant, ESD agrees to the following:
a. Hire three (3) Education Advocates to each work approximately 420 hours per
year—an average of 9-10 hours per week throughout the school year, and
during the summer months (acknowledging that some weeks, such as spring
break and winter break will not be weeks where hours are worked). ESD will
allow YSD to participate in the hiring of the Education Advocate positions
b. Education Advocates will meet a minimum of two times weekly with their
assigned participants. Each will be assigned up to 10 active participants at a
time. Education Advocates will coordinate with school staff for meeting room
space, and the times when student contact is allowed.
c. Education Advocates will work with the YSD, and any personnel at the middle
schools authorized by YSD, to select participants for the YYLP.
d. Education Advocates will conduct attendance, grade and behavior challenges
with rewards for completion, monitor grades and attendance on a weekly
basis, and connect participants to tutoring and community resources
(including helping with paperwork, referrals and following up on
appointments).
e. Education Advocates will utilize the structure and curriculum created by the
Pilot Program as the basis for their activities with the participants.
f. Education Advocates will connect with participants' parents and/or guardians
regarding the participants, providing coaching to parents regarding parenting,
as well as to connect the family to resources as necessary.
g. Once an Education Advocate determines that the participant has completed
the YYLP and has acceptable behavior, attendance and attitude, the
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Education Advocate will find a trusted coach, teacher, mentor or counselor
and conduct a "warm handoff" into a new mentorship relationship for the
participant.
h. Education Advocates will collect data from participants in the form of survey
answers, attendance and grade records, notes from conversations, goal and
milestone achievements and other relevant data associated with YYLP.
Education Advocates and the ESD will collect and provide all necessary data
to comply with the OJJDP Grant reporting requirements. Education
Advocates will work with a Researcher, chosen by the City, to ensure data
collected can be used in evaluating the success of the program.
i. ESD will provide (although Education Advocates will primarily be meeting
participants at the middle schools or at their homes), meeting space, office
supplies, a laptop or tablet computer for data collection and record keeping, a
cellular telephone and plan, and all tech support.
j. ESD will provide all administrative support associated with the hiring of the
Education Advocates, and pay all necessary taxes or payments associated
with hiring the Education Advocates
k. ESD will provide training to the Education Advocates and will allow Education
Advocates to attend trainings offered by YSD if ESD determines that those
trainings are relevant and appropriate.
4. YSD Obligations
Pursuant to the terms of this MOU and the Grant, YSD agrees to the following:
a. YSD will allow the Education Advocates and the Coordinator to have access
to students involved in YYLP during the school day, as allowed by teachers,
principals and staff. The schools involved in the YYLP are Lewis & Clark,
Washington, Franklin and Wilson Middle Schools.
b. YSD and the middle schools agree to accept the services provided to youth
through YYLP by the Education Advocates. During the school day services
may include one-on-one and/or group mentoring opportunities with Education
Advocates during the participating students' lunch period, or during other
times approved by the school's staff. The Education Advocates may make
referrals to both school and third-party services for the student participants
and their families. In addition to school athletics and activities, the Education
Advocates may identify opportunities for the student participants and their
families to participate in community activities and opportunities outside of the
school day or after school.
c. YSD will provide Education Advocates and the Coordinator access to relevant
data, anticipated to include data regarding attendance, grades and discipline.
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Data required by the OJJDP Grant reporting requirements shall be provided
by YSD to the Coordinator for reporting purposes.
d. YSD will conduct an all 6th grade class assembly each calendar year,
focusing on a topic that is pertinent to 6th graders and that will help them
make good decisions and stay out of gangs and away from violence. The
topic(s) for the assembly will be jointly agreed upon in advance between YSD
and the Coordinator. YSD will be responsible for any costs associated with
the assemblies. The assemblies may be combined with other assembly
programming already envisioned or scheduled, or may be a separate stand-
alone assembly on the subject. YSD and the Coordinator will work with local
stakeholders, service providers and community members to find volunteers to
speak at the assembly, however, in the event there are costs associated with
the speaker(s), YSD is responsible for said costs.
e. YSD will conduct a parent education event for all 6th grade
parents/families/guardians each year. This event may be district-wide, or
may be an event at each school. Said event will include providing a meal and
child care for maximum participation. The topics of the event will be jointly
agreed upon in advance between YSD and the Coordinator. YSD will provide
space for a "services fair" or tabling opportunity for service providers. The
Coordinator will coordinate the services fair with YSD. YSD and the
Coordinator will work with local stakeholders, service providers and
community members to find volunteers to speak at the event. YSD is
responsible for the costs associated with the event, including, but not limited,
to speaker(s)fees, meal, and childcare costs.
f. YSD may train, or allow Education Advocates to attend YSD trainings, where
appropriate, at no cost. Training may include, but not be limited to, case
management, home visitation, ACEs, and school district policies. Any training
provided by YSD will be at the sole discretion of YSD.
g. YSD will designate a liaison staff member of each middle school to work with
YYLP Education Advocates and the Coordinator. How often these parties
meet is up to the discretion of the liaison, Education Advocates and
Coordinator.
5. City Obligations
Pursuant to the terms of this MOU and the Grant, the City of Yakima agrees as follows:
a. The City will administer the OJJDP grant and provide reimbursement to ESD
105 under the terms and conditions of this MOU and the Grant.
b. The City will designate a Coordinator to coordinate efforts under the Grant
and conduct activities as outlined in this MOU. The Coordinator will also be
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continuing the GRIT Village meetings every other month, and facilitating and
leading the Steering Committee.
c. The City will coordinate necessary information and provide the required
reports to OJJDP to ensure continued funding of the YYLP.
d. The City will contract with an independent evaluator to analyze collected data
and provide a yearly report as to the YYLP. A copy of that report will be
provided to the Parties.
6. Compensation
ESD shall be compensated for the Education Advocates (time, benefits and equipment),
and overhead up to the following amounts, unless otherwise altered by the OJJDP
budget: year 1: $3,761.00; year 2: $3,856.00; and year 3: $3,933.00. Compensation
shall not exceed the OJJDP-approved budgeted amount per year in total. The
Coordinator and ESD shall agree on the budget at the beginning of each OJJDP budget
year. Compensation is on a reimbursement basis. All invoices shall be supplied to the
City, sent to Cally Price (Assistant to the City Manager, 129 N. 2nd Street, Yakima, WA
98901)for review and reimbursement. These amounts increase in year 2 and year 3
based on an increase in salary for Education Advocates, if appropriate, but
reimbursement amounts shall never exceed those amounts outlined in the budget
submitted to OJJDP as part of the Grant application.
7. General Operational Procedures and Provisions
a. Parent Permission: A parent/guardian must give written permission for their
student to participate in the YYLP. The written permission will include
permission from the parent/guardian for the release of student records.
Education Advocates will coordinate written permission. YSD will approve or
provide the permission form to be used.
b. Consideration to Middle Schools: Middle Schools will receive no
compensation or consideration for the services the Education Advocates
provide to the participating students.
c. Safeguardinc Information: The Parties agree that they will not disclose
confidential information of the youth participating in the program unless
required by law or court order.
d. Inspection: YSD and ESD agree that the Coordinator may make reasonable
periodic inspections of the work products of the Education Advocates. Such
work products may include surveys formulated for the youth and guardians to
evaluate baselines and successes, periodic reports, and any final reports
and/or recommendations.
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e. Cooperation in Evaluation: ESD 105 and YSD will participate in the evaluation
of the program, which is anticipated to include surveys and interviews with
staff who interact with the youth who participated in the program and who
interacted with the Intervention Specialist. Additional help in providing
recommendations for the sustainability of the YYLP after the OJJDP Grant
expires will be requested and appreciated.
f. Communication: Communication between the City, ESD and YSD shall be
regular and ongoing. It is anticipated that the Education Advocates may meet
with teachers, administrators and counselors at the participating middle
schools, and that monthly meetings may be held (telephonically or in person)
with additional relevant personnel if necessary. Administrators and/or staff will
be included in meetings for evaluating the work and outcomes of the program.
The Coordinator may also schedule meetings with the Education Advocates
and YSD personnel as needed.
g. Hold Harmless: The City shall protect, defend, indemnify and hold ESD 105
and YSD, and their elected and/or appointed officials, employees, attorneys,
agents and volunteers, harmless from and against any and all claims,
demands, losses, damages, liens, liabilities, penalties, fines, lawsuits, and
other proceedings, and any costs and expenses associated with the same
(including attorney's fees and disbursements, whether in litigation or not),
which accrue to or are incurred by ESD or YSD, or their elected and/or
appointed officials, employees, attorneys, agents or volunteers, and which
arise directly or indirectly from or out of, relate to, or in any way are connected
with personal injuries or property damage occurring because of the intentional
acts of the City under this MOU.
ESD shall protect, defend, indemnify and hold YSD and the City of Yakima,
and their elected and/or appointed officials, employees, attorneys, agents and
volunteers, harmless from and against any and all claims, demands, losses,
damages, liens, liabilities, penalties, fines, lawsuits, and other proceedings,
and any costs and expenses associated with the same (including attorney's
fees and disbursements, whether in litigation or not), which accrue to or are
incurred by YSD or the City of Yakima, or their elected and/or appointed
officials, employees, attorneys, agents or volunteers, and which arise directly
or indirectly from or out of, relate to, or in any way are connected with
personal injuries or property damage occurring because of the intentional acts
of ESD under this MOU.
YSD shall protect, defend, indemnify and hold ESD 105 and the City, and
their elected and/or appointed officials, employees, attorneys, agents and
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volunteers, harmless from and against any and all claims, demands, losses,
damages, liens, liabilities, penalties, fines, lawsuits, and other proceedings,
and any costs and expenses associated with the same (including attorney's
fees and disbursements, whether in litigation or not), which accrue to or are
incurred by ESD or the City, or their elected and/or appointed officials,
employees, attorneys, agents or volunteers, and which arise directly or
indirectly from or out of, relate to, or in any way are connected with personal
injuries or property damage occurring because of the intentional acts of YSD
under this MOU.
h. Modification: Any and all amendments must be made in writing and must be
agreed to and executed by the parties before becoming effective.
i. Termination: This MOU will terminate in the event the OJJDP grant is
cancelled or unfunded. This MOU may also be terminated by any party on
sixty (60) days written notice. A termination by any party constitutes a
termination of the agreement as to all parties.
j. Insurance: It is understood that none of the parties to this MOU provides
insurance coverage for any other party of this MOU. Each party to this MOU
provides its own insurance.
k. Disputes: In the event there is a dispute over the terms and conditions
outlined in this MOU or the OJJDP Grant, the parties will first seek to resolve
the dispute through alternative dispute resolution. In the event the
negotiations are not successful, a claim may be brought in Yakima County
Superior Court.
I. Grant document prevails: If there is a conflict between this MOU and the
OJJDP Grant, the Grant document prevails.
m. Severability: If any section, subsection, paragraph, sentence, clause or
phrase of this MOU is declared invalid or unconstitutional for any reason,
such decision shall not affect the validity of the remaining portions of this
MOU.
By signing below, each party affirms that this Memorandum of Understanding has been
approved by the parties.
DATED this 19th day of February, 2020.
THE CITY OF YAKIMA YAKIMA SCHOOL DISTRICT
IDooc`u,Siigned by:
Alex Me erhoff Trevor Greene
Interim City Man er Superintendent
DocuSign Envelope ID:484F516C-1EAA-4F60-80C0-EDE7E677CAC1 10
ATTEST: EDUCATIONAL SERVICE DISTRICT 105
DocuSIgnert by:• )
-,a'°0,4 , 1A;i�Mrtt9-
So ya Clar Tee , � i % yin Chase
City Clerk / t , perintendent
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CITY CONTRACT NO: f'. r ••.-+•i , .
RESOLUTION NO: 6��`;fit
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DocuSign Envelope ID:7AB54DAF-40C5-4E2F-9076-051B3BB611F8
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ESD CONTRACT#21-22-046
CONTRACT FOR FEDERAL SUBRECIPEINT GRANT FUNDING
CITY OF YAKIMA
129 N.2nd Street
Yakima,WA 98901
(Hereinafter referred to as City)
And
EDUCATIONAL SERVICE DISTRICT 105
33 South Second Avenue
Yakima WA 98902
(Hereinafter referred to as Subrecipient)
In consideration of the promises and conditions contained herein, City and Subrecipient do mutually
agree as follows:
1.0 SUBRECIPIENT RESPONSIBILITIES
In accordance with this contract and the Memorandum of Understanding between Subrecipient,
City and the Yakima School District, Subrecipient shall perform the following duties:
1.1 The objectives of this contract shall be as follows:
1.1.1 Provide gang education and prevention measures to youth affiliated with or at
risk to be affiliated with gang involvement in the Yakima School District middle schools.
1.1.2 Provide appropriate training to Education Advocates to provide such education
and prevention measures to student participants in the program,titled the Yakima Youth
Leadership Program.
1.1.3 Coordinate with the City and the Yakima School District on data collection and
reporting,as well as other relevant matters associated with the program.
1.2 In order to accomplish the objectives of this contract,the Subrecipient shall perform the
following specific duties:
1.2.1 Hire Education Advocates to work part time, or full time,depending on funding
during the full year. Education Advocates will meet a minimum of two times weekly
with their assigned participants.
1.2.2 Train Education Advocates in evidence-based methods to provide an agreed upon
and created curriculum to the student participants and outreach to the
parents/guardians/families of participants.
1.2.3 Train Education Advocates on data collection techniques and require data
collection.
1.2.4 Work with the City on reporting as well as coordination with the Yakima School
District.
1.2.5 Provide the Education Advocates space, office supplies, computers,tech support,
administrative support and pay all necessary taxes or payments associated with hiring
Education Advocates.
1.3 Cost restrictions:
1.3.1 Expenditures must be allocable and reasonable to further the goals and objectives
as described in the grant proposals referenced in item 1.1
1.3.2 Changes to key personnel must be reported to the City and approved by the
Project Manager and/or funding source,if so required.
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ESD CONTRACT#21-22-046
1.3.3 Capital expenditures for equipment valuing$5,000 or more must be pre-
approved for procurement,tracking and disposal of goods.
1.3.4 There will be not automatic carry-over of unexpended funds.
1.3.5 Funding of this award is by OFFICE OF JUVENILE JUSTICE AND
DELINQUENCY PREVENTION, CFDA#16.123 Community-Based Violence
Prevention Program,for which the City has obtained grant funds to be used by
Subrecipient as outlined herein. The Subrecipient shall comply with all
requirements imposed by laws,regulations and provisions of this award.
Subrecipients expending$750,000 or more in federal awards during the
Subrecipient's fiscal year must have a single audit in accordance with OMB
Super Circular(OMB 2 CFR 200).
1.4 Subrecipient shall be responsible for the repayment of any questioned costs by an auditor
under this agreement.
2.0 CITY RESPONSIBILITIES
In consideration of the Subrecipient's satisfactory performance of the responsibilities set forth
herein,the City shall compensate and/or reimburse the expenses of the Subrecipient as follows:
2.1 Total compensation and/or reimbursement of Subrecipient expenses will not exceed the
totals in paragraph 2.2 below.
2.2 City will strive to compensate the Subrecipient within thirty(30)days of a properly
executed Personal Services Claim Form,or an invoice received by the City.
2.2.1 Subrecipient shall be compensated for a total of up to$183,204.00,under the
grant for the following:
a. Personnel,including fringe benefits and travel;
b. Equipment specifically laptops or tablets,cellular telephones and tech
support;
c. Indirect Costs.
2.2.2 Except as expressly provided herein,the compensation rate listed in paragraph
2.2.1 includes all expenses necessary to the Subrecipient's satisfactory
performance of this contract including,but not limited to labor,lodging and
transportation.
Final claims must be submitted by October 15,2022,the City cannot guarantee
reimbursement for claims submitted after this date.
Good and services purchased by the Subrecipient must be received by the
Subrecipient no later than December 1,2021.
2.3 All payments for compensation and or/reimbursement of expenses to the Subrecipient
shall be conditioned upon the Subrecipient's submission of appropriate forms and/or
invoices,which support the performance for which payment is requested. Approval of all
claims shall be conditioned upon the Subrecipient's performance of responsibilities stated
in paragraph 1.0 to the satisfaction of the City,provided that such approval shall not be
unreasonably held.
2.4 Except as expressly provided herein, all expenses necessary to the Subrecipient's
satisfactory performance of this contract shall be borne in full by the Subrecipient.
2.5 Any date specified herein for payment(s)to the Subrecipient shall be considered extended
as necessary to process and deliver a City warrant for the amount(s).
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ESD CONTRACT#21-22-046
2.6 As a pass-through entity,the City is responsible for:
2.6.1 Identifying to the Subrecipient the Federal award information and applicable
compliance requirement.
2.6.2 Monitoring the Subrecipient's activities to provide reasonable assurance that the
Subrecipient administers Federal awards in compliance with Federal
requirements.
Monitoring activities may take various forms, such as reviewing reports
submitted by the Subrecipient,performing site visits to the Subrecipient to
review financial and programmatic records and observe operations,arranging for
agree-upon procedure engagements,engagements for certain aspects of
Subrecipient activities, such as eligibility determinations,reviewing the
Subrecipient's single audit or program-specific audit results and evaluating audit
findings and Subrecipient's corrective action plan.
2.6.3 Ensuring required audits are performed and requiring the Subrecipient to take
prompt corrective action on any audit findings.
2.6.4 Evaluating the impact of Subrecipient activities on the pass-through entity's
ability to comply with applicable Federal regulations.
3.0 EFFECTIVE DATE—DURATION
In coordination with the previously-approved Memorandum of Understanding,the contract
commenced on the 19th day of February,2020 and shall terminate at midnight on the 30th day of
September,2022,unless otherwise extended.
4.0 INDEPENDENT CONTRACTOR STATUS OF SUBRECIPIENT
Subrecipient and the Subrecipient's employees and agents shall perform all duties pursuant to this
contract as an independent subrecipient. The City shall not control or supervise the manner in
which this contract is performed nor withhold or pay any taxes on behalf of the Subrecipient or
the Subrecipient's employees or agents.
5.0 PROHIBITION AGAINST ASSIGNMENT
Neither this contract nor any interest therein may be assigned by either party without first
obtaining the consent of the other party.
6.0 OWNERSHIP OF WORK PRODUCTS AND RESTRICTION AGAINST
DISSEMINATION
Unless otherwise stated prior to the work being done, all concepts or products created for the
Yakima Youth Leadership Program are considered to be jointly owned. Additionally, all
correspondence,papers,documents,reports,files, film work products(inclusive of intellectual
concepts and properties), and all copies thereof which are received or developed by the
Subrecipient and Subrecipient's employee(s)and agent(s)in the course of performing, or as
incident thereto, Subrecipient's duties pursuant to the contract shall,upon receipt,preparation, or
development,become the joint property of the City and Subrecipient in perpetuity of any and all
purposes. All items described above shall be provided to the City upon request.
7.0 COPYRIGHT
The Subrecipient shall be responsible for the acquisition of any necessary copyright releases for
materials used in the performance of services under this contract. This shall not include materials
originated under this contract to which ownership belongs to the City, as discussed in the
previous section.
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ESD CONTRACT#21-22-046
8.0 CONFLICT OF INTEREST
Neither the Subrecipient nor any employee or agent of the Subrecipient shall participate in the
performance of any duty pursuant to this contract in which duty such person has participated as
an employee of the City.
9.0 CRIMINAL ACTIVITY
Subrecipient shall ensure that the Subrecipient and the Subrecipients's employees or agents
having unsupervised access to children in the performance of this contract have no prior
conviction, civil adjudications or disciplinary board final decisions which indicate that it is
inappropriate for these individuals to be working with children. Furthermore,persons having
unsupervised access to children,under this contract, shall be fingerprinted and checked through
the Washington State Patrol(WSP) crimminal identification system,prior to perfoming services
under this contract. Subrecipient may provide proof of an existing valid backgound check(s)to
satify the requirements of this section.
10.0 TERMINATION
This contract may be terminated by the City or any designee thereof at any time,with or without
reason,upon written notification thereof to the Subrecipient.The notice shall specify the date of
termination and shall be conclusively deemed to have been delivered and received by Subrecipient
as of midnight of the second day following the date of its posting in the United States mail
addressed as first noted herein in the absence of proof of actual delivery to and receipt by
Subrecipient by mail or other means at an earlier date and/or time.
In the event of termination by the City, Subrecipient shall be entitled to an equitable proration of the
total compensation provided herein for uncompensated services which have been performed as of
termination,and to the reimbursement of expenses incurred as of termination,but solely to the
extent such expenses are reimbursable pursuant to the provision of the contract.
11.0 INSURANCE COVERAGE
The Subrecipient is not included under any City of Yakima insurance coverage. Accordingly:
• The Subrecipient is responsible for obtaining his/her own insurance coverage for Auto and
General Liability.
• The Subrecipient must provide Industrial Insurance(Workers Compensation Insurance)for
him/herself including owners and directors,and any employees. It is further understood and
agreed that the Subrecipient and the Subrecipient's employees are not covered by either
Industrial Insurance or Unemployment Insurance through the City.
• The subrecipient should consider obtaining additional insurance for any other liabilities that
they may be subject to.
The Subrecipient expressly waives all immunity and limitation on liability as an employee under
any industrial insurance act or workers compensation act and indemnifies and holds harmless City
for any damages arising out of or in connection with the work of this contract,except to the extent
that it is caused by City's sole negligence.
12.0 MALPRACTICE INSURANCE
All licensed Subrecipients providing services to minors must provide proof of current malpractice
insurance
DocuSign Envelope ID:7AB54DAF-40C5-4E2F-9076-051B3BB611F8
15
ESD CONTRACT#21-22-046
13.0 INDEMNIFICATION
The Subrecipient or its designee indemnifies and shall defend and hold the City, its employees,
agents and representatives,harmless from and against all third-party claims, actions,liens,suits
or proceedings asserted against the City that are related to the Subrecipient's obligations or
performance under this contract. The Subrecipient shall timely reimburse the City for all costs,
expenses, damages, losses,liabilities or obligations,including reasonable attorney's fees,incurred
by the City as a result of such third-party claims, actions,liens, suits or proceedings.
The City or its designee indemnifies and shall defend and hold the Subrecipient,its employees,
agents and representatives,harmless from and against all third-party claims, actions,liens, suits
or proceedings asserted against the Subrecipient that are related to the City's obligations or
performance under this contract. The City shall timely reimburse the Subrecipient for all costs,
expenses, damages, losses,liabilities or obligations,including reasonable attorney's fees,incurred
by the Subrecipient as a result of such third-party claims, actions,liens, suits or proceedings.
14.0 VERBAL AGREEMENTS
This written contract constitutes the mutual agreement of the Subrecipient and the City in whole.
No alteration or variation of the terms of this contract and no oral understandings or agreements
not incorporated herein, shall be binding unless such amendments have been mutually agreed to
in writing.
15.0 APPLICABLE LAW
This contract shall be governed by the laws of the State of Washington.Venue for any legal
action shall be proper only in Yakima County,Washington.
16.0 NONDISCRIMINATION
Subrecipient assures the City that its agency/labor union will comply with all state and federal
guidelines and/or regulations. Therefore,all applicants seeking employment opportunities and all
contracts for goods and services will be considered and will not be discriminated against on the
basis or race, color,national orgin, gender, disability or sexual orientation. This is in accordance
with Titile VI of the 1964 Civil Rights Act; Section 504 of the Rehabilitaiton Act, 1973, as
amended; American with Disabilities Act,July 26, 1990,P.L. 101-336; and Title IX/Chapeter
28A.640 RCW of the Education Amendment of 1972, as amended.
17.0 DISPUTES
Notice of potential disputes between the Subrecipient and the City on the interpretation of the
content of this contract or any appendices must be served in writing to the other party to this
contract.There shall be an attempt to resolve the dispute,but if resolution is not possible,each
party shall submit their position and supporting documentation to the City of Yakima City
Manager,whose decision shall be final.
18.0 CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND INELIGIBILITY
If federal funds are the basis for this contract,the Subrecipient certifies that neither it nor its
principals are presently debarred,declared ineligible,or voluntarily excluded from participation
in transactions by any federal department or agency.
19.0 SUBRECIPIENT'S SIGNATURE
Subrecipient and/or Subrecipient's employee(s)or agent(s) signing this document certifies that
he/she is the person duly qualified and authorized to bind the Subrecipient so identified to the
foregoing contract, and under penalty of perjury certifies the federal identification number or
social security number provided is correct.
DocuSign Envelope ID:7AB54DAF-40C5-4E2F-9076-051B3BB611F8
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ESD CONTRACT#21-22-046
In witness whereof,the City Manager of the City of Yakima and the Subrecipient certify that they have read,
understand,and executed this entire contract.
EDUCATIONA-LoSERWCE DISTRICT 105 CITY OF YAKIMA
letv CA4e
BY BY
f--7AF8591A76DB44D
TITLE Superintendent TITLE City Manager
9/24/2021
DATE DATE
Washington State Department of Revenue: Washington State Department of Revenue:
UNIFIED BUSINESS IDENTIFIER: IRS TAX ID# 916001315
#600-189-874
Attachment 1: Memorandum of Understanding
Attachment 2: Grant Award
ESD ACC#5928
17
•
U.S.Department of Justice
Office of Justice Programs
Office of the Assistant Attorney General Washington,D.C. 20531
September 26,2019
The Honorable Kathy Coffey
City of Yakima
129 North 2nd Street
Yakima,WA 9890 1-263 7
Dear Mayor Coffey:
On behalf of Attorney General William P.Barr,it is my pleasure to inform you that the Office of Justice Programs has
approved your application for funding under the FY 19 Youth Gang Suppression Implementation Grants Program in the
amount of$230,000 for City of Yakima.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim
audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award,please contact:
- Program Questions,Scott Pestridge,Program Manager at(202)514-5655;and
- Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at
(800)458-0786,or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations,and we look forward to working with you.
Sincerely,
Katharine T.Sullivan
Principal Deputy Assistant Attorney General
Enclosures
18
U.S.Department of Justice
Office of Justice Programs
•
" Office of Civil Rights
Washington,DC 20531
September 26,2019
The Honorable Kathy Coffey
City of Yakima
129 North 2nd Street
Yakima,WA 98901-2637
Dear Mayor Coffey:
Congratulations on your recent award! The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of
Justice(DOJ)has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP,the Office
of Community Oriented Policing Services(COPS),and the Office on Violence Against Women(OVW)are not engaged in
discrimination prohibited by law. Several federal civil rights laws,such as Title VI of the Civil Rights Act of 1964 and Title IX of
the Education Amendments of 1972,require recipients of federal financial assistance to give assurances that they will comply with
those laws. In addition to those civil rights laws,many grant program statutes contain nondiscrimination provisions that require
compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and
nondiscrimination requirements,in connection with OJP and other DOJ awards,see
https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm
Under the delegation of authority,the OCR investigates allegations of discrimination against recipients from individuals,entities,or
groups. In addition,the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits
permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non-
discriminatory manner to their service population or have employment practices that meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency
Prevention Act and your agency is part of a criminal justice system,there are two additional obligations that may apply in connection
with the awards: (1)complying with the regulation relating to Equal Employment Opportunity Programs(EEOPs);and(2)
submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement,see 28 CFR Part 42,
subpart E,and for additional information regarding requirements when there is an adverse finding,see 28 C.F.R.§§42.204(c),
.205(c)(5). Please submit information about any adverse finding to the OCR at the above address.
We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and
other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination
responsibilities as a recipient of federal financial assistance,please do not hesitate to let us know.
Sincerely,
a. A-t, --
Michael L.Alston
Director
cc: Grant Manager
Financial Analyst
19
rMw: U.S.Department of Justice
Office of Justice Programs
Office of Juvenile Justice and PAGE I OF 25
q". Grant
."Juswir Delinquency Prevention
I-RECIPIENT NAME AND ADDRESS(Including Zip Code) 4,AWARD NUMBER: 2019-PB-BX-0017
City of Yakima
129 North 2nd Street 5.PROJECT PERIOD:FROM 10/01/2019 TO 09/30/2022
Yakima,WA 98901-2637
BUDGET PERIOD:FROM 10/01/2019 TO 09/30/2022
6.AWARD DATE 09/26/2019 7.ACTION
2a.GRANTEE IRSNENDOR NO. 8.SUPPLEMENT NUMBER Initial
916001315 00
2b_GRANTEE DUNS NO.
078212651 9.PREVIOUS AWARD AMOUNT $0
3.PROJECT TITLE 10,AMOUNT OF THIS AWARD S 230,000
Gang Reduction and Intervention Taskforcc(GRIT)
11.TOTAL AWARD S 230,000
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 project is supported under FYI9(OJJDP—Gangs)Pub.L,No.116-6,l33 Stat.13,113;title I of Public Law 90-351(generally codified at 34 USC ch.101);
28 USC 530C(a)
l4.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number)
16.123-Community-Based Violence Prevention 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 Kathy Coffey
Principal Deputy Assistant Attorney General Mayor
17.SIGNATURE OF APPROVING OFFICIAL 19,SIGNATURE OF-Es HORIZED RECIPIENT OFFICIAL 19A.DATE
laeiv/GA.________—_ /IF
.4,03
0
i 12419
AGENCY USE ONLY
20.ACCOUNTING CLASSIFICATION CODES 21, UPBTGT0269
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B PB 70 00 00 230000
OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2(REV.4-88)
20
tix�,rig,r U.S.Department of Justice
/ `'5,.. Office of Justice Programs AWARD CONTINUATION
1 1 Office of Juvenile Justice and SHEET PAGE 2 OF 25
Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
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. 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 all such assurances or certifications as if
personally executed by the authorized recipient official.
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 an assurance or certification related to conduct during the award period-
-may result in the Office of Justice Programs("OJP")taking appropriate action with respect to the recipient and the
award. Among other things,the OJP may withhold award funds,disallow costs,or suspend or terminate the award.
The U.S.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 34 U.S.C. 10271-10273),and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise(including under 31 U.S.C.3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this
award.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted
and supplemented by DOJ in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY
2019 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this FY 2019 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 2019 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"),see the OW website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient(and any subrecipient("subgrantee")at
any tier)must retain--typically for a period of 3 years from the date of submission of the final expenditure report(SF
425),unless a different retention period applies--and to which the recipient(and any subrecipient("subgrantee")at
any tier)must provide access,include performance measurement information,in addition to the financial records,
supporting documents,statistical records,and other pertinent records indicated at 2 C.F.R.200.333.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the
recipient is to contact OJP promptly for clarification.
OJP FORM 4000/2(REV,4-88)
21
„rR U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and SHEET PAGE 3 OF 25
Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
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 https://ojp.gov/financialguide/DOJ/index.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 of various statutory provisions to a new Title 34 of the United States Code
On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially
reclassified(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.
5. Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully
completed an"OJP financial management and grant administration 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 1,2017,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 1,2017,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.
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(0,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.
OVA
� R
OJP FORM 4000/2(REV.4-88)
22
U.S.Department of Justice
. Office of Justice Programs AWARD CONTINUATION
J• Office of Juvenile Justice and SHEET PAGE 4 OF 25
� '• Delinquency Prevention
Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
7. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal
funds during the period of performance for this award,the recipient promptly must determine whether funds from any
of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the
identical cost items for which funds are provided under this award. If so,the recipient must promptly notify the DOJ
awarding agency(OW 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.
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.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/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).
OJP FORM 4000/2(REV.4-88)
23
,ems 7rr n� U.S.Department of Justice
Sr
I %:: Office of Justice Programs AWARD CONTINUATION
. x" Office of Juvenile Justice and SHEET PAGE 5 OF 25
• 45
r�% Delinquency Prevention Grant
`hxn[i
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
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 verifies 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 of all 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.Staff involved in the hiring process
For purposes of this condition,persons"who arc 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.e-verify.gov),provided an
appropriate person authorized to act on behalf of the recipient(or subrecipient)uses E-Verify(and follows the proper
E-Verify procedures,including in the event of a"Tentative Nonconfirmation"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 e,
OJP FORM 4000/2(REV.4-88)
24
-;w U.S.Department of Justice
' •�:'Y Office of Justice Programs AWARD CONTINUATION
Eri 1. Office of Juvenile Justice and SHEET PAGE 6 OF 25
Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
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.B.,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-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-
Verify at E-VerifyEmployerAgent@dhs.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(PII)"(2 CFR 200.79)within the
scope of an OJP grant-funded program or activity,or(2)uses or operates a"Federal information system"(OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach,or the detection of an
imminent breach.
11. 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.
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 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$250,000)),and are incorporated by reference here.
OJP FORM 4000/2(REV.4-88) ��
25
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• °q, Office of Justice Programs AWARD CONTINUATION
� Office of Juvenile Justice and SHEET PAGE 7 OF 25
•; Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
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 of the 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]ll procurement transactions[to]be conducted in a manner providing full and open
competition"and forbidding practices"restrictive of competition,"such as"[p]lacing 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-subrecipient(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.
OJP FORM 4000/2(REV 4-88) ��
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a
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}
'.k4t3 Office of Juvenile Justice and SHEET PAGE 8 OF 25
Delinquency Prevention
Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
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 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.
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 funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
6:?6
OJP FORM 4000/2(REV.4-88)
27
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
' Office of Juvenile Justice and SHEET PAGE 9 OF 25
4,
E Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
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 religious 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 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 28 C.F.R.Part 38 is available via the Electronic Code of Federal Regulations(currently accessible at
https://www.ecfr.gov/cgi-bin/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part
38,under e-CFR"current"data.
OJP FORM 4000/2(REV.4-88)
28
,-:":.-: U.S.Department of Justice
`' =.' Office of Justice Programs AWARD CONTINUATION
i: rt' Office of Juvenile Justice and
0 SHEET PAGE to OF 25
Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
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 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.
25. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2019)
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,2019,are set out at
https://ojp.gov/funding/Explore/FYI 9AppropriationsRestrictions.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")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)online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm
(select"Submit Report Online");(2)mail directed to:Office of the Inspector General,U.S.Department of Justice,
Investigations Division, 1425 New York Avenue,N.W.Suite 7100,Washington,DC 20530;and/or(3)by facsimile
directed to the DOJ OIG Fraud Detection Office(Attn: Grantee Reporting)at(202)616-9881 (fax).
Additional information is available from the DOJ OIG websitc at https://oig.justicc.gov/hotline.
4c--1
OJP FORM 4000/2(REV.4-88)
29
oplir U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
g it
Office of Juvenile Justice and SHEET PAGE 11 OF 25
_ ;t" Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
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 learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,
or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt
written notification to the federal agency making this award,and will resume(or permit resumption of)such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or
both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,
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)
30
U.S.Department of Justice
..`, Office of Justice Programs AWARD CONTINUATION
.'� - i ` Office of Juvenile Justice and SHEET PAGE 12 OF 25
,., • Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
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 any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include
the following: 1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient
was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and
email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency.
31. The recipient shall submit to OJJDP a copy of all interim and final reports and proposed publications(including those
prepared for conferences,journals,and other presentations)resulting from this award,for review and comment prior to
publishing. Any publication produced with grant funds must contain the following statement:"This project was
supported by Grant#()awarded by the Office of Juvenile Justice and Delinquency Prevention,Office of Justice
Programs,U.S.Department of Justice.The opinions,findings,and conclusions or recommendations expressed in this
publication/program/exhibition are those of the author(s)and do not necessarily reflect those of the Department of
Justice. All reports and products may be required to display the OJJDP logo on the cover(or other location)with the
agreement of OJJDP. OJJDP defines publications as any planned,written,visual or sound materials substantively
based on the project,formally prepared by the award recipient for dissemination to the public.
32. 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)
31
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and SHEET PAGE 13 OF 25
Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
33. The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during
the entire period of support under this award.This report will include detailed information about the project(s)funded,
including,but not limited to,information about how the funds were actually used for each purpose area,data to support
statements of progress,and data concerning individual results and outcomes of funded projects reflecting project
successes and impacts.The final report is due no later than 90 days following the close of this award period or the
expiration of any extension periods.This report will be submitted to the Office of Justice Programs,on-line through
the Internet at https://grants.ojp.usdoj.gov/.
34. The recipient agrees that it will submit quarterly financial status reports to OJP on-line(at https://grants.ojp.usdoj.gov)
using the SF 425 Federal Financial Report form(available for viewing at https://www.gsa.gov/forms-library/federal-
financial-report),not later than 30 days after the end of each calendar quarter. The final report shall be submitted not
later than 90 days following the end of the award period.
35. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end
of the reporting periods,which are June 30 and December 31,for the life of the award. These reports will be submitted
to the Office of Justice Programs,on-line through the Internet at https://grants.ojp.usdoj.gov/.
36. 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 OW 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).
37. The recipient agrees to report data on the grantee's OJJDP-approved performance measures as part of the semi-annual
categorical progress report.This data will be submitted on line at OJJDP's Performance Measures website
(https://ojjdp.gov/grantees/pm/index.html)by July 31 and January 31 each year for the duration of the award. Once data
entry is complete,the grantee will be able to create and download a"Performance Measures Data Report." This
document is to be included as an attachment to the grantee's narrative categorical assistance progress report submitted
in GMS for each reporting period.
ci5-i(
OJP FORM 4000/2(REV 4-88)
32
r
-•- ;;,:r,, U.S.Department of Justice
•-`' Office of Justice Programs AWARD CONTINUATION
M'. =, -1' Office of Juvenile Justice and SHEET PAGE 14 OF 25
<1 Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
38. Copyright;Data rights
The recipient acknowledges that OJP reserves a royalty-free,non-exclusive,and irrevocable license to reproduce,
publish,or otherwise use,and authorize others to use(in whole or in part,including in connection with derivative
works),for Federal purposes:(1)any work subject to copyright developed under an award or subaward(at any tier);
and(2)any rights of copyright to which a recipient or subrecipient(at any tier)purchases ownership with Federal
support.
The recipient acknowledges that OJP has the right to(1)obtain,reproduce,publish,or otherwise use the data first
produced under any such award or subaward;and(2)authorize others to receive,reproduce,publish,or otherwise use
such data for Federal purposes. "Data"includes data as defined in Federal Acquisition Regulation(FAR)provision
52.227-14(Rights in Data-General).
It is the responsibility of the recipient(and of each subrecipient(at any tier),if applicable)to ensure that the provisions
of this condition are included in any subaward(at any tier)under this award.
The recipient has the responsibility to obtain from subrecipients,contractors,and subcontractors(if any)all rights and
data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient,
contractor,or subcontractor refuses to accept terms affording the Government such rights,the recipient shall promptly
bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in
question without further authorization from the OJP program office.
39. The Project Director and key program personnel designated in the application shall be replaced only for compelling
reasons. Successors to key personnel must be approved,and such approval is contingent upon submission of
appropriate information,including,but not limited to,a resume. OJP will not unreasonably withhold approval.
Changes in other program personnel require only notification to OJP and submission of resumes,unless otherwise
designated in the award document.
6:5K
OR FORM 4000/2(REV.4-88)
33
U.S.Department of Justice
ti Office of Justice Programs AWARD CONTINUATION
•:,11, 5, Office of Juvenile Justice and SHEET PAGE 15 OF 25
`r' •''vim" Delinquency Prevention
••y<<;.,,it 4 Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
40. Noninterference(within the funded"program or activity")with federal law enforcement:8 U.S.C. 1373 and 1644;
ongoing compliance
1.With respect to the"program or activity"funded in whole or part under this award(including any such program or
activity of any subrecipient at any tier),throughout the period of performance,no State or local government entity,-
agency,or-official may prohibit or in any way restrict--(1)any government entity or-official from sending or
receiving information regarding citizenship or immigration status as described in 8 U.S.C.1373(a);or(2)a government
entity or-agency from sending,requesting or receiving,maintaining,or exchanging information regarding immigration
status as described in either 8 U.S.C. 1373(b)or 1644.Any prohibition(or restriction)that violates this condition is an
"information-communication restriction"under this award.
2.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,but not any institution of higher
education or any Indian tribe.
(2)A"public"institution of higher education is defined as one that is owned,controlled,or directly funded(in whole or
in substantial part)by a State or local government.(Such a public institution is considered to be a"government entity,"
and its officials to be"government officials.")
(3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a).
(4)"Immigration status"means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644;and terms that are defined in 8
U.S.C. 1101 mean what they mean under that section 1101,except that"State"also includes American Samoa.
(5)Pursuant to the provisions set out at(or referenced in)8 U.S.C. 1551 note("Abolition...and Transfer of
Functions"),references to the"Immigration and Naturalization Service"in 8 U.S.C. 1373 and 1644 are to be read as
references to particular components of the Department of Homeland Security(DHS).
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,any public institution of higher education,or any other entity(or individual)to violate any
federal 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.
4
OJP FORM 4000/2(REV.4-88)
34
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Any Q.:
Office of Juvenile Justice and SHEET PAGE 16 OF 25
., �� .'ar¢'. Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
41. No use of funds to interfere with federal law enforcement:8 U.S.C. 1373 and 1644;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 as described in 8
U.S.C. 1373(a);or(2)a government entity or-agency from sending,requesting or receiving,maintaining,or
exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b)or 1644.Any prohibition
(or restriction)that violates this condition is an"information-communication restriction"under this award.
2.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.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference
(within the funded"program or activity")with federal law enforcement:8 U.S.C. 1373 and 1644;ongoing compliance"
condition are incorporated by reference as though set forth here in full.
i
OJP FORM 4000/2(REV.4-88)
35
S�igrrn�� U.S.Department ofJusticc
4)),. Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and SHEET PAGE 17 OF 25
Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
42. Authority to obligate award funds contingent on noninterference(within the funded"program or activity")with federal
law enforcement:8 U.S.C. 1373 and 1644;unallowable costs;notification
1.If the recipient is a"State,"a local government,or a"public"institution of higher education:
A.The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient
(or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that is
funded in whole or in part with award funds is subject to any"information-communication restriction."
B.In addition,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to
reimburse itself if--at the time it incurs such costs--the program or activity of the recipient(or of any subrecipient
at any tier that is a State,a local government,or a public institution of higher education)that would be reimbursed in
whole or in part with award funds was subject to any information-communication restriction.
C.Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation
by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and each subrecipient
(regardless of tier)that is a State,local government,or public institution of higher education,is in compliance with the
award condition entitled"Noninterference(within the funded'program or activity')with federal law enforcement:8
U.S.C. 1373 and 1644;ongoing compliance."
D.The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance
with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the
recipient,or of any subrecipient at any tier that is either a State or a local government or a public institution of higher
education,may be subject to any information-communication restriction.In addition,any subaward(at any tier)to a
subrecipient that is a State,a local government,or a public institution of higher education must require prompt
notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an
information-communication restriction.
2.Any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher
education must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the program
or activity of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with
award funds is subject to any information-communication restriction.
3.Absent an express written determination by 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"Noninterference...8 U.S.C. 1373 and
1644;ongoing compliance"award condition.
4.Rules of Construction
A.For purposes of this condition"information-communication restriction"has the meaning set out in the
"Noninterference...8 U.S.C. 1373 and 1644;ongoing compliance"condition.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference...8 U.S.C. 1373 and
1644;ongoing compliance"condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV 4-88)
36
- U.S.Department of Justice
.'! Office of Justice Programs AWARD CONTINUATION
L,
: : :[ Office of Juvenile Justice and SHEET PAGE 18 OF 25
Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
43. Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement:8 U.S.C.
1373 and 1644;unallowable costs;notification
1.If the recipient is a"State,"a local government,or a"public"institution of higher education:
A.The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient
(or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that is
funded in whole or in part with award funds is subject to any"information-communication restriction."
B.In addition,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to
reimburse itself if--at the time it incurs such costs--the program or activity of the recipient(or of any subrecipient
at any tier that is a State,a local government,or a public institution of higher education)that would be reimbursed in
whole or in part with award funds was subject to any information-communication restriction.
C.Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation
by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and each subrecipient
(regardless of tier)that is a State,local government,or public institution of higher education,is in compliance with the
award condition entitled"No use of funds to interfere with federal law enforcement:8 U.S.C. 1373 and 1644;ongoing
compliance."
D.The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance
with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the
recipient,or of any subrecipient at any tier that is either a State or a local government or a public institution of higher
education,may be subject to any information-communication restriction.In addition,any subaward(at any tier)to a
subrecipient that is a State,a local government,or a public institution of higher education must require prompt
notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an
information-communication restriction.
2.Any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher
education must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the program
or activity of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with
award funds is subject to any information-communication restriction.
3.Absent an express written determination by 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"No use of funds to interfere...8 U.S.C.
1373 and 1644;ongoing compliance"award condition.
4.Rules of Construction. The"Rules of Construction"set out in the"Authority to obligate award funds contingent on
noninterference(within the funded"program or activity")with federal law enforcement:8 U.S.C. 1373 and 1644;
unallowable costs;notification"condition are incorporated by reference as though set forth here in full.
C‘dr,__ .
O1P FORM 4000/2(REV.4-88)
37
f,:.,• .., U.S.Department of Justice
`'�. `}'1 Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and CSHEET PAGE 19 OF 25
Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
44. Noninterference(within the funded"program or activity")with federal law enforcement:No public disclosure of
certain law enforcement sensitive information
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the
award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance.Its
provisions must be among those included in any subaward(at any tier).
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.
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 funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A.For purposes of this condition--
(1)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see 8 U.S.C.
1101(a)(3));
(2)the term"federal 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:8 U.S.C. 1373 and 1644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV.4-88)
38
o, U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and SHEET PAGE 20 OF 25
Delinquency Prevention Grant
QF�f'.�titL
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
45. 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 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 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 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.
The"Rules of Construction"set out in the"Noninterference(within the funded"program or activity")with federal law
enforcement:No public disclosure of certain law enforcement sensitive information"award condition are incorporated
by reference as though set forth here in full.
OJP FORM 4000/2(REV.4-88)
39
U.S.Department of Justice 0Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and SHEET PAGE 21 OF 25
. . : Delinquency Prevention Grant
•
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
46. Noninterference(within the funded"program or activity")with federal law enforcement:Interrogation of criminal
aliens
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by this
award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance for
the award.Its provisions must be among those included in any subaward(at any tier).
1.Noninterference with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations--including 8 U.S.C. 1357(a),under which certain
federal officers and employees"have power without warrant...to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States,"and 8 C.F.R.287.5(a),under which that power maybe exercised
"anywhere in or outside the United States"--within the funded program or activity,no State or local government
entity,-agency,or-official may interfere with the exercise of that power to interrogate"without warrant"(by agents of
the United States acting under color of federal law)by impeding access to any State or local government(or
government-contracted)correctional facility by such agents for the purpose of"interrogat[ing]"any criminal alien or
person believed to be a criminal 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)(see 8
U.S.C. 1101(a)(3)).
(2)The term"conviction"means what it means under section 101 of the INA(see 8 U.S.C. 1101(a)(48)).(Adjudication
of ajuvenile as having committed an offense dots not constitute"conviction"for purposes of this condition.)
(3)The term"criminal alien"means an alien who is deportable on the basis of--
(a)conviction described in section 237(a)(2)of the INA(see 8 U.S.C. 1227(a)(2)),or
(b)conduct described in section 237(a)(4)of the INA(see 8 U.S.C. 1227(a)(4)). •
(4)The term"correctional facility"means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968(see 34 U.S.C. 10251(a)(7)).
(5)The term"impede"includes taking or continuing any action,or implementing or maintaining any law,policy,rule,
or practice,that--
(a)is designed to prevent or to significantly delay or complicate,or
(b)has the effect of preventing or of significantly delaying or complicating.
C1. 6
OJP FORM 4000/2(REV.4-88)
40
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
_• Office of Juvenile Justice and SHEET PAGE 22 OF 25
• *oi•ATio Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
"program or activity")with federal law enforcement:8 U.S.C.1373 and 1644;ongoing compliance"condition are
incorporated by reference as though set forth here in full.
47. No use of funds to interfere with federal law enforcement:Interrogation of criminal 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 U.S.C. 1357(a),under which certain
federal officers and employees"have power without warrant...to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States,"and 8 C.F.R.287.5(a),under which that power may be exercised
"anywhere in or outside the United States"--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 criminal alien or person
believed to be a criminal 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
The"Rules of Construction"set out in the"Noninterference(within the funded"program or activity")with federal law
enforcement:Interrogation of criminal aliens"award condition are incorporated by reference as though set forth here in
full.
OJP FORM 4000/2(REV.4-88)
41
,;s•Y,,,,.f U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
l;:Ap Office of Juvenile Justice and SHEET PAGE 23 OF 25
Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
48. Noninterference(within the funded"program or activity")with federal law enforcement:Notice of scheduled release of
criminal aliens
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 DOJ report
to Congress on"the number of illegal alien[felons]in Federal and State prisons"and programs underway"to ensure the
prompt removal"from the U.S.of removable"criminal aliens")--within the funded program or activity,no State or
local government entity,-agency,or-official(including a government-contracted correctional facility)may interfere
with the"removal"process by failing to provide--as early as practicable(see para.4.C.below)--advance notice to
DHS of the scheduled release date and time for a particular criminal 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"Noninterference(within the funded
'program or activity')with federal law enforcement:8 U.S.C.1373 and 1644;ongoing compliance"award condition
are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV.4-88)
42
rl U.S.Department of Justice
ea
411titk• Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and SHEET PAGE 24 OF 25
' Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
49. No use of funds to interfere with federal law enforcement:Notice of scheduled release of criminal aliens
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 DOJ report
to Congress on"the number of illegal alien[felons]in Federal and State prisons"and programs underway"to ensure the
prompt removal"from the U.S.of removable"criminal aliens")--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 criminal 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
The"Rules of Construction"set out in the"Noninterference(within the funded"program or activity")with federal law
enforcement:Notice of scheduled release of criminal aliens"award condition are incorporated by reference as though
set forth here in full.
50. 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.
51. The award recipient must attend a cross-site grantee meeting of up to 3 days,sponsored by the Office of Juvenile
Justice and Delinquency Prevention(OJJDP),in each year of the project period at a location to be determined by
OJJDP.
OJP FORM 4000/2(REV 4-88)
43
r,4 U.S.Department of Justice
,`•' Office of Justice Programs AWARD CONTINUATION
E Office of Juvenile Justice and SHEET PAGE 25 OF 25
tip'• ^= Delinquency Prevention Grant
PROJECT NUMBER 2019-PB-BX-0017 AWARD DATE 09/26/2019
SPECIAL CONDITIONS
52. The recipient may not obligate,expend or draw down funds until the Office of the Chief Financial Officer(OCFO)has
approved the budget and budget narrative and a Grant Adjustment Notice(GAN)has been issued to remove this special
condition.
53. Withholding of funds:DHS questions
The recipient may not obligate,expend or drawdown funds until the Office of Justice Programs has received and
approved the required application attachment(s)described in the program solicitation as"Information regarding
Communication with the Department of Homeland Security(DHS)and/or Immigration and Customs Enforcement
(ICE),"and has issued a Grant Adjustment Notice(GAN)releasing this special condition.
54. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and
procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial
Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits. The
recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks,including
documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other
restrictions on the recipient's access to award funds;referral to the DOJ OIG for audit review;designation of the
recipient as a DOJ High Risk grantee;or termination of an award(s).
OJP FORM 4000/2(REV•4-88)
44
U.S.Department of Justice
Office of Justice Programs
N^f
Office of Juvenile Justice and Delinquency Prevention
Washington,D.C. 20531
Memorandum To: Official Grant File
From: Lou Ann Holland,Program Manager
Subject: Categorical Exclusion for City of Yakima
This award is made as part of the Youth Gang Suppression Implementation Grants Program.This program is
designed to reduce violent crime,gangs,and youth victimization,while enhancing public safety in communities by
utilizing gang suppression efforts for at risk and gang involved youth.None of the following activities will be
conducted either under this award or a related third party action:
1)New construction;
2)Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including property(a)listed on or eligible for listing on the National Register of Historic Places,or(b)located
within a 100-year flood plain,a wetland,or habitat for an endangered species;
3)A renovation which will change the basic prior use of a facility or significantly change its size;
4)Research and technology whose anticipated and future application could be expected to have an effect on the
environment;or
5)Implementation of a 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.
Additionally,the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety
would not meet the criteria for a categorical exclusion.Consequently,the subject federal action meets OJP's
criteria for a categorical exclusion as contained in paragraph 4(b)of Appendix D to Part 61 of Title 28 of the Code
of Federal Regulations.
45
U.S.Department of Justice GRANT MANAGER'S MEMORANDUM,PT.I:
Office of Justice Programs
PROJECT SUMMARY
Office of Juvenile Justice and
Delinquency Prevention Grant
PROJECT NUMBER
PAGE 1 OF 1
2019-PB-BX-0017
This project is supported under FYI9(OJJDP—Gangs)Pub.L.No.116-6,133 Stat.13,113;title I of Public Law 90-351(generally codified at 34 USC ch.101);28
USC 530C(a)
1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number)
Scott Pestridge Sara Watkins
(202)514-5655 Senior Assistant City Attorney
129 North 2nd Street
Yakima,WA 98901
(509)575-6030
3a,TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS
ON REVERSE)
OJJDP FY 19 Youth Gang Suppression Implementation Grants Program
4.TITLE OF PROJECT
Gang Reduction and Intervention Taskforce(GRIT)
5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE
City of Yakima
129 North 2nd Street
Yakima,WA 98901-2637
7.PROGRAM PERIOD 8.BUDGET PERIOD
FROM: 10/01/2019 TO: 09/30/2022 FROM: 10/01/2019 TO: 09/30/2022
9.AMOUNT OF AWARD 10.DATE OF AWARD
S 230,000 09/26/2019
11.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 Youth Gang Suppression Implementation Grants Program is designed to reduce violent crime,gangs,and youth victimization,while enhancing public safety in
communities by utilizing gang suppression efforts for at risk and gang involved youth_
The City of Yakima,in coordination with the U.S.Attomey's Office for the Eastern District of Washington is supporting Project Safe Neighborhoods through this
award,In an effort to reduce gang violence and youth involvement in gangs,they are using the Comprehensive Gang Model and will continue the efforts of their
Gang Reduction Intervention Taskforce Steering Committee and Village(provider collaboration group),as well as continue the Yakima Youth Leadership Program
(YYLP),which aims to reduce the number of sixth grade Yakima school district youth who have entered gangs or are at serious risk of doing so.
The goals under the City of Yakima's Gang Suppression Grant are to(1)identify and address service gaps and barriers,and create a blueprint for a comprehensive
OJP FORM 4000/2(REV.4-88)
46
network of services for youth at risk of gang involvement;(2)improve identification,screening,access,delivery,and quality of services available to youth exposed
to gang-related violence to prevent them from joining a gang or becoming victimized by a gang;and(3)reduce and sustain reductions in community youth
violence,particularly gun and gang violence and victimization.The City of Yakima has 12 program objectives,most of which relate to YYLP.It will link sixth
graders to school-based education advocates,who will teach them a curriculum of six leadership/coping skills,provide incentives to attend school regularly and on
time,and link the youth and families to needed resources.The City of Yakima expects to work with 50 youth per year,with 30 participating in the program actively
at any one time,with new youth stepping into spots as their peers get back on the right track and become leaders in the program.
CA/NCF