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Home My WebLink AboutR-2023-162 Public hearing and Resolution authorizing an Interlocal Agreement with Yakima County regarding the 2023 JAG Grant RESOLUTION NO. R-2023-162 A RESOLUTION ratifying an application for a grant in the total amount of $73,844 from the United States Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program. WHEREAS, the U.S. Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program, has grant funds available to local governments to support efforts to reduce crime and improve public safety; and, WHEREAS, the Yakima Police Department has been notified that $73,844 in grant funds have been allocated to the City of Yakima and Yakima County and are available upon submission of a completed grant application and satisfaction of certain conditions; and, WHEREAS, one of the grant approval conditions is that the City and County execute an Interlocal Agreement whereby the City shall transfer $15,767 of the grant monies to the County to support law enforcement activities of the Yakima County Sheriffs Department; and, WHEREAS,the City Council of the City of Yakima considered this matter at an open public meeting in which citizens were provided an opportunity to comment and deems it to be in the best interest of the City to authorize submission of an application to the Justice Assistance Grant Program for said available funds and execution of all necessary documents and contracts to complete said grant transaction; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City Manager or his designee is hereby authorized to submit a completed grant application to the United States Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program, to obtain a grant to fund local efforts to reduce crime and improve public safety. 2. The City Manager or his designee is further authorized and directed to accept the grant on behalf of the City of Yakima, and to take all steps and execute all documents and contracts necessary to complete this grant transaction, including but not limited to execution of the attached Interlocal Agreement with Yakima County whereby Yakima County shall receive a portion of the grant proceeds for local law enforcement efforts. ADOPTED BY THE CITY COUNCIL this 21st day of November, 2023. Janice Deccio, Mayor ATTEST: irviq SEAL *; 15 Rosalinda Ibarra, City Clerk .14 • -*� ? / 1h`�•:: G DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D FY2023 Justice Assistance Grant(JAG) MOU Number THE STATE OF WASHINGTON YAKIMA INTERLOCAL AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY 2023 BYRNE JUSTICE ASSISTANCE GRANT(JAG) PROGRAM AWARD This agreement is made and entered into thisfaay ofUQ � 2023, by and between CITY of YAKIMA, acting by and through its governing body, the City Council,herein after referred to as the CITY,and YAKIMA COUNTY acting by and through its governing body, the Board of Commissioners, hereinafter referred to as the COUNTY, both of Yakima County, State of Washington, witnesseth: WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation Act, as amended, and codified in chapter 39.34 of the Revised Code of Washington provided for interlocal cooperation between governmental agencies;and WHEREAS,each governing body,in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS,each governing body finds that the performance of this Agreements is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the U.S. Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program,has grant funds available to local governments to support efforts to reduce crime and improve public safety,and WHEREAS,the Yakima Police Department has been notified that$73,844 in grant funds have been allocated to the City of Yakima and Yakima County and are available upon submission of a completed grant application and satisfaction of certain conditions,and WHEREAS,one of the grant approval conditions is that the City and County execute an Interlocal Agreement whereby the City shall transfer$15,767 of the grant monies to the County to support law enforcement activities of the Yakima County Sheriff's Department; NOW THEREFORE,the CITY and the COUNTY agree as follows: Section 1 Expressly conditioned upon award to the CITY of the above-referenced grant funds in the amount of$73,844 CITY agrees to pay the COUNTY a total of$15,767 of JAG funds. These DocuSign Envelope ID:35F548A3-FC6B-4C92-9F25-793F4C13FD8D FY2023 Justice Assistance Grant(JAG) funds will be used by the Yakima County Sheriff's Office to purchase mobile patrol portable radios to include supporting accessories. Section 2 The COUNTY, as a sub-recipient,agrees to the conditions of acceptance contained in the award information section of the 15PBJA-23-GG-03914-JAGX award package. See Exhibit A, attached and incorporated. Section 3 The COUNTY agrees to accept and use S 15,767 to be used by the Yakima County Sheriffs Office to purchase patrol portable radios to include supporting accessories. The COUNTY agrees to allow the CITY to inspect and verify all items purchased with grant funds in accordance Title 2 CFR 200.208—332 prior to the equipment being utilized. Section 4 Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 5 The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 6 By entering into this Agreement,the parties do not intend to create any obligations express or implied other than those set out herein; further,this agreement shall not create any rights in any party not a signatory hereto. Section 7 A copy of this Agreement shall be filed with the Yakima County Auditor's Office. 2 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D FY2023 Justice Assistance Grant(JAG) CITY OF YAKIMA BOARD OF COUNTY COMMISSIONERS g.g." at,...„ f Robert Harrison, City Manager La Don Linde,Commissioner 4,....4 Ac.,,:..,y Amanda McKinney,Commissioner Imo' Kyle Curtis,Commissioner 0 r VFKilvi \\I, Approved as to Form: . li bio . 1 ; ., . A t 'i ..Y.A il A A t,,!' ..ei • :, i lie &OIL W14 .4 'osalinda Ibarra,City Clerk j, Deputy Prosecuting Attomey City Contract No: I% `/. �'-, CONTRACT AUTHORIZATION v ?O t r Resolution No: R-a-oa--3- I��- Attest: O�AKIMA`��y� a:4x`o_: f."f."' "' Julie Lawrence,Clerk of the Board V•' ...1q OCT 1 0.2023 Date BOCC Agreement 3 0 3 — 2 3 2 3 Yakima County, WA 3 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D RESOLUTION NO. R-2023- A RESOLUTION ratifying an application for a grant in the total amount of$73,844 from the United States Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program. WHEREAS, the U.S. Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program, has grant funds available to local governments to support efforts to reduce crime and improve public safety; and, WHEREAS, the Yakima Police Department has been notified that$73,844 in grant funds have been allocated to the City of Yakima and Yakima County and are available upon submission of a completed grant application and satisfaction of certain conditions; and, WHEREAS, one of the grant approval conditions is that the City and County execute an Interlocal Agreement whereby the City shall transfer$15,767 of the grant monies to the County to support law enforcement activities of the Yakima County Sheriff's Department; and, WHEREAS,the City Council of the City of Yakima considered this matter at an open public meeting in which citizens were provided an opportunity to comment and deems it to be in the best interest of the City to authorize submission of an application to the Justice Assistance Grant Program for said available funds and execution of all necessary documents and contracts to complete said grant transaction; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City Manager or his designee is hereby authorized to submit a completed grant application to the United States Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program, to obtain a grant to fund local efforts to reduce crime and improve public safety. 2. The City Manager or his designee is further authorized and directed to accept the grant on behalf of the City of Yakima, and to take all steps and execute all documents and contracts necessary to complete this grant transaction, including but not limited to execution of the attached Interlocal Agreement with Yakima County whereby Yakima County shall receive a portion of the grant proceeds for local law enforcement efforts. ADOPTED BY THE CITY COUNCIL this day of , 2023. Janice Deccio, Mayor ATTEST: Rosalinda Ibarra, City Clerk DocuSign Envelope ID:35F548A3-FC6B-4C92-9F25-793F4C13FD8D Edward Byrne Memorial Justice Assistance Grant FY 2023 Proposal Narrative This narrative is submitted for the purpose of describing the proposed program activities for the 4-year JAG period. The City of Yakima has demonstrated a longstanding commitment to utilizing Justice Assistance funding in an effective and responsible manner and has had a longstanding relationship of fiscal sharing with Yakima County that has bettered the quality of life for citizens countywide. A. Description of the Issue The Yakima Police Department has embarked on a data-driven approach to policing beginning in 2021 while enduring reductions in overall staffing due to turnover. B. Project Design and Implementation The department's strategic goals are to continue to reduce violent crime through data analysis and enforcement. The focus has been divided into two areas; Emphasis patrol which permits officers to focus on a specific geographical area or area of enforcement. Analytics, the department has employed analysts who will be using data to focus the department on community issues. 1 DocuSign Envelope ID:35F548A3-FC6B-4C92-9F25-793F4C 13FD8D C. Capabilities and Competencies The Yakima Police Department is the largest agency in the county and routinely assists smaller local and state agencies. While it is not expected that any funds allocated in this solicitation will be used expressly for that purpose the cooperative nature of the Yakima Police Department will inherently involve the participation of other agencies. D. Plan for Collecting the Data Required The City of Yakima has demonstrated a longstanding commitment to utilizing Justice Assistance funding in an effective and responsible manner and has had a longstanding relationship of fiscal sharing with Yakima County that has bettered the quality of life for citizens countywide. Program Identification: Yakima Police Department— The Yakima Police Department will use these funds for two distinct purposes. One, officer overtime reimbursement. The officers will be dedicated to emphasis patrols in an areas of the city identified as having substantial fear of crime issues. Much of this fear of crime originates from homeless mentally ill persons wandering the streets and entering businesses where they scare customers and create disturbances. These police officers will work in conjunction with City Code Enforcement personnel to focus on these Iocations to identify and correct issues, arrest criminals, and attempt to obtain services for those identified as mentally ill. 2 DocuSign Envelope ID:35F548A3-FC6B-4C92-9F25-793F4C 13FD8D Need Analysis—The Yakima Police Department has used the identified emphasis patrol in the past with great success. However, due to the difficult financial situation faced by the City of Yakima, the Police Department has no way to fund this emphasis without JAG assistance. Two, the Yakima Police Department will be utilizing funds for the ongoing costs of software that will assist police analysts with open-source online intelligence. Politically contentious topics have polarized our country and our community. People sharing similar views have the ability to connect via social media where those views have the potential to foment. The Yakima Police Department is working toward acquiring software that will enable police analysts to analyze available data and develop intelligence on potential threats to our community. Pricing model for such software is no longer 'buy to own' and relies on a continual cost to ensure technology updates and patches are applied. Need Analysis — In 2022, the Yakima Police Department made a considerable investment in hiring three police analysts. The high-profile tragedies that have plagued the nation have demonstrated a need for departments to seek out intelligence from the intemet. Yakima County Law and Justice — Purchase interoperable portable radios and supporting accessories for Sheriff's deputies. The radios will be replacing portable radios that are not narrowband capable. The funds would also be used to purchase law enforcement-related emergency equipment for personnel designated as first responders. 3 DocuSign Envelope ID:35F548A3-FC6B-4C92-9F25-793F4C13FD8D Needs Analysis —The Yakima County Sheriffs Office is in current need of replacing a number of obsolescent portable radios. Yakima County is a large jurisdiction of well over 4,000 square miles, including considerable tracts of broken and mountainous terrain which poses a serious challenge to radio communications. Additionally, there is a small contingent of deputies available to provide service over this vast area at any given time, placing a premium on reliable and efficient communication equipment. Present funding is in short supply, requiring the Sheriffs Office to purchase replacement units at a slower rate than is desirable, or at the expense of delaying the purchase of other vital equipment. Any gap in communications places Sheriff's personnel and the public at an unacceptable level of risk. The law enforcement-related emergency equipment will provide first responders with the necessary equipment to respond to emergencies. The equipment and services will also facilitate technology interoperability with other public safety agencies in Yakima County. Fund Distribution — The City of Yakima and Yakima County have come to an agreement, via a Memorandum of Understanding, on the distribution of Justice Assistance Grant funds. Under the terms of the JAG grant,together with the agreed-upon terms of the Memorandum of Understanding, the City of Yakima will be entitled to $58,077 out of the total $73,844 available, while Yakima County will be entitled to the remaining $15,767. Each agency will be responsible for managing their Justice Assistance Grant-funded programs while the City of Yakima will provide reporting for both entities. 4 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D Listed below are all jurisdictions in the state that are eligible for FY 2023 JAG funding,as determined by the JAG formula.For additional details regarding the JAG formula and award calculation process,with examples,please refer to the JAG Technical report here: https://bjs.ojp.gov/library/publications/justice-assistance-grant-Jag-program-2021 and current JAG Frequently Asked Questions here: https://bja.ojp.gov/program/jag/frequently-asked-questions. Finding your jurisdiction: (1)Disparate jurisdictions are listed in shaded groups below,in alphabetic order by county. (2)Direct allocations are listed alphabetically below the shaded,disparate groupings. (3)Counties that have an asterisk(•)under the"Direct Allocation"column did not submit the level of violent crime data to qualify for a direct award from BJA,but are in the disparate grouping indicated by the shaded area.The JAG legislation requires these counties to remain a partner with the local jurisdictions receiving funds and must be a signatory on the required Memorandum of Understanding (MOU).A sample MOU is provided online at:https://www.bja.gov/Funding/JAGMOU.pdf.Disparate jurisdictions do not need to abide by the listed individual allocations,which are provided for information only.Jurisdictions in a funding disparity are responsible for determining individual amounts within the Eligible Joint Allocation and for documenting Individual allocations in the MOU. WA BENTON COUNTY County • WA KENNEWICK CITY Municipal $27,619 WA RICHLAND CITY Municipal $16,306 $43,925 WA CLALLAM COUNTY County • WA PORT ANGELES CITY Municipal $13,720 $13,720 WA CLARK COUNTY County 535,593 WA VANCOUVER CITY Municipal $104,983 $140,576 WA COWLITZ COUNTY County • - WA LONGVIEW CITY Municipal $11,852 $11,852 WA FRANKLIN COUNTY County • WA PASCO CITY Municipal $20,472 $20,472 WA KING COUNTY County $65,691 WA AUBURN CITY Municipal $39,795 WA BELLEVUE CITY Municipal $19,861 WA BURIEN CITY Municipal 524,423 WA DES MOINES CITY Municipal $11,278 WA FEDERAL WAY CITY Municipal $44,608 WA KENT CITY Municipal $53,694 WA KIRKLAND CITY Municipal $10,703 WA RENTON CITY Municipal 536,455 WA SEATAC CITY Municipal $15,624 WA SEATTLE CITY Municipal $567,979 WA SHORELINE CITY Municipal $11,745 WA TUKWILA CITY Municipal $17,024 $918,880 WA PIERCE COUNTY County 5129,729 WA TACOMA CITY Municipal 5229,074 5358,803 WA SPOKANE COUNTY County $21,945 WA SPOKANE CITY Municipal $157,852 WA SPOKANE VALLEY CITY Municipal 535,018 $214,815 WA WALLA WALLA COUNTY County • 1 DocuSign Envelope ID: 35F548A3-FC6B-4C92-9F25-793F4C13FD8D Listed below are all JurisdlctIons In the state that are eligible for FY 2023 JAG funding,as determined by the JAG formula.For additional details regarding the 1AG formula and award calculation process,with examples,please refer to the JAG Technical report here: https://bjs.ojp.gov/library/publications/justice-assistance-grant-jag-program-2021 and current JAG Frequently Asked Questions here: https://bja.ojp.gov/programhagfirequently-asked-questions. Finding your jurisdiction: (1)Disparate jurisdictions are listed in shaded groups below,in alphabetic order by county. (2)Direct allocations are listed alphabetically below the shaded,disparate groupings. (3)Counties that have an asterisk(•)under the"Direct Allocation"column did not submit the level of violent crime data to qualify for a direct award from BJA,but are in the disparate grouping Indicated by the shaded area.The JAG legislation requires these counties to remain a partner with the local jurisdictions receiving funds and must be a signatory on the required Memorandum of Understanding (MOU).A sample MOU is provided online at:https://www.bja.gov/Funding/1AGMOU.pdf.Disparate jurisdictions do not need to abide by the listed individual allocations,which are provided for information only.Jurisdictions in a funding disparity are responsible for determining Individual amounts within the Eligible Joint Allocation and for documenting individual allocations in the MOU. WA WALLA WALLA CITY Municipal $10,810 $10,810 WA WHATCOM COUNTY County $14,942 WA BELLINGHAM CITY Municipal $32,432 $47,374 WA YAKIMA COUNTY County $15,767 WA YAKIMA CITY Municipal $58,077 $73,844 WA BREMERTON CITY Municipal $17,240 WA EDMONDS CITY Municipal $10,739 WA EVERETT CITY Municipal $39,544 WA FIFE CITY Municipal $14,977 WA GRANT COUNTY County $10,416 WA KITSAP COUNTY County $45,613 WA LACEY CITY Municipal $10,990 WA LAKEWOOD CITY Municipal $47,051 WA LYNNWOOD CITY Municipal $11,780 WA MARYSVILLE CITY Municipal 513,541 WA MOSES LAKE CITY Municipal $10,559 WA OLYMPIA CITY Municipal $27,691 WA PUYALLUP CITY Municipal $13,396 WA SNOHOMISH COUNTY County $55,814 WA THURSTON COUNTY County 525,609 2 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D Edward Byrne Memorial Justice Assistance Grant FY 2023 Budget Narrative Pro osed FY 2023 JAG Expenditures _ _ 2023 Budget Yakima Police Department Crime Intellgence and Analyst Software $30,000 Funding of police overtime for emphasis patrol to reduce crime in impacted desi Hated areas $28,077 Total City of Yakima Justice Assistance Grant Proposed Budget $58 077 Yakima County Law and Justice Purchase portable radios and supporting accessories/additional emergency e ui ment $15,767 Total Yakima County Justice Assistance Grant Proposed Budget $15,767 Total City and County JAG Budget $73.844 EXPLANATORY NARRATIVE Yakima Police Department- Personnel- The Yakima Police Department will use $28,077 to pay for police officer overtime to create an emphasis patrol to focus on fear of crime issues in designated areas of the City. Intelligence—The department's analytical unit will pay for the ongoing costs of software enhancing its capabilities to detect potential threats via social media and other online open sources. 1 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D Yakima County Law and Justice- Equipment- Yakima County will use $15,767 to purchase portable radios and supporting accessories for the Yakima County Sheriffs Office. In addition, the funds would be used to purchase supporting emergency equipment. 2 DocuSign Envelope ID:35F548A3-FC6B-4C92-9F25-793F4C13FD8D Department of Justice (DOJ) EXHIBIT A t;= Office of Justice Programs • Bureau of Justice Assistance Washington,D.C. 20531 Name and Address of Recipient: CITY OF YAKIMA 129 N 2ND ST City, State and Zip: YAKIMA, WA 98901 Recipient UEI: FJNNXIXFJ9K3 'Project Title: Yakima Police Violent Crime 'Reduction Through Emphasized Patrols ,Award Number: 15PBJA-23-GG-03914-JAGX ,and Data Analysis ;Solicitation Title: BJA FY 23 Edward Byrne Memorial Justice Assistance Grant(JAG)Program- Local Solicitation (Federal Award Amount: $73,844.00 Federal Award Date: 9/25/23 iAwarding Agency: Office of Justice Programs Bureau of Justice Assistance Funding Instrument Type: Grant Opportunity Category: D 'Assistance Listing: 16.738- Edward Byrne Memorial Justice Assistance Grant Program (Project Period Start Date: 10/1/22 Project Period End Date: 9/30/26 1Budget Period Start Date: 10/1/22 Budget Period End Date: 9/30/26 Project Description: The City of Yakima will use JAG funds for overtime to increase emphasis patrols in areas of high crime and high public foot traffic. Additionally,funding will be used to purchase/maintain software that allows information from data sources to be analyzed. Yakima County will use JAG funds to purchase/replace portable radios that are becoming obsolete. Page: 1 of 23 DocuSign Envelope ID.35F548A3-FC6B-4C92-9F25-793F4C13FD8D Award Letter September 25, 2023 Dear Bob Harrison, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP)has approved the application submitted by CITY OF YAKIMA for an award under the funding opportunity entitled 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant(JAG) Program-Local Solicitation. The approved award amount is$73,844. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer(Award Information, Project Information, Financial Information,and Award Conditions)and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial,administrative,and programmatic matters,as well as other important matters(e.g., specific restrictions on use of funds).Therefore,all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP,so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance,which may include termination of the award and/or a requirement to repay award funds. Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s)in the Justice Grants System(JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s)is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s)must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. To access your funds,you will need to enroll in the Automated Standard Application for Payments(ASAP)system, if you haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process. Congratulations, and we look forward to working with you. Maureen Henneberg Deputy Assistant Attorney General Office for Civil Rights Notice for All Recipients 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 Section 504 of the Rehabilitation Act of 1973,require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together,these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race,color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act,sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with 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. Page: 2 of 23 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory 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). The OCR is available to help you and your organization meet the civil rights requirements that are associated with 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 contact the OCR at askOCR@ojp.usdoj.gov. Memorandum Regarding NEPA NEPA Letter Type OJP-Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts.All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.?Accordingly,?prior to obligating?funds for any of the specified activities, the grantee must first determine if any of the specified activities will be?funded by the grant.? The specified activities requiring environmental analysis are: a. New construction; b.Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c.?A renovation, lease, or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d.? Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example, in office, household, recreational,or education environments;and e. Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.Further,for programs relating to methamphetamine laboratory operations,the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. NEPA Coordinator First Name Last Name Orbin Middle Name Terry Page: 3 of 23 DocuSign Envelope ID.35F548A3-FC6B-4C92-9F25-793F4C13FD8D Award Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information,Financial Information,and Award Conditions. Recipient Information Recipient Name CITY OF YAKIMA UEI FJNNX1XFJ9K3 Street 1 Street 2 129 N 2ND ST City State/U.S. Territory YAKIMA Washington Zip/Postal Code Country 98901 United States County/Parish Province Award Details Federal Award Date Award Type 9/25/23 Initial Award Number Supplement Number 15PBJA-23-GG-03914-JAGX 00 Federal Award Amount Funding Instrument Type $73,844.00 Grant Assistance Listing Assistance Listings Program Title Number 16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority Title I of Public Law 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E(codified at 34 U.S.C. 10151-10158): see also 28 U.S.C. 530C(a) [j l have read and understand the information presented in this section of the Federal Award Instrument. Project Information This award is offered subject to the conditions or limitations set forth in the Award Information,Project Page:4 of 23 DocuSign Envelope ID:35F548A3-FC6B-4C92-9F25-793F4C13FD8D Information, Financial Information,and Award Conditions. Solicitation Title Awarding Agency OJP 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation Program Office BJA Application Number GRANT13951277 Grant Manager Name ,Jeffrey Felten-Green Phone Number 202-514-8874 'E-mail Address Jeffrey.Felten-Green a@usdoj.gov Project Title Yakima Police Violent Crime Reduction Through Emphasized Patrols and Data Analysis Performance Period Start Date Performance Period End Date 10/01/2022 09/30/2026 Budget Period Start Date Budget Period End Date 10/01/2022 09/30/2026 Project Description The City of Yakima will use JAG funds for overtime to increase emphasis patrols in areas of high crime and high public foot traffic.Additionally,funding will be used to purchase/maintain software that allows information from data sources to be analyzed.Yakima County will use JAG funds to purchase/replace portable radios that are becoming obsolete. have read and understand the information presented in this section of the Federal Award Instrument. Financial Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. tJ I have read and understand the information presented in this section of the Federal Award Instrument. Award Conditions This award Is offered subject to the conditions or limitations set forth In the Award Information, Project Information, Financial Information, and Award Conditions. 1 Page: 5 of 23 DocuSign Envelope ID:35F548A3-FC6B-4C92-9F25-793F4C13FD8D Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, "Advancing Effective,Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,"OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient("subgrantee")at any tier,to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the"controlled equipment"list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment(Award condition: Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here. 2 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." 3 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. 4 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 2022 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this FY 2022 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 2022 award For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards("subgrants"), see the OJP website at https://ojp.gov/funding/Part2000niformRequirements.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. 200.334. 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. Page: 6 of 23 DocuSign Envelope ID.35F548A3-FC6B-4C92-9F25-793F4C13FD8D 5 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"). 6 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. 7 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. 8 Compliance with general appropriations-law restrictions on the use of federal funds(FY 2022) 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, 2022, are set out at https://www.ojp.gov/funding/Explore/ FY22AppropriationsRestrictions.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. 9 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. Page: 7 of 23 DocuSign Envelope ID•35F548A3-FC6B-4C92-9F25-793F4C13FD8D 10 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. 11 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances,the U.S. Department of Justice("DOJ")may determine that it will not enforce,or enforce only in part,one or more requirements otherwise applicable to the award.Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are(or will be during the period of performance)set out through the Office of Justice Programs("OJP")webpage entitled"Legal Notices: Special circumstances as to particular award conditions"(ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient,the authorized recipient official accepts all material requirements of the award, and specifically adopts,as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements—whether a condition set out in full below,a condition incorporated by reference below,or an assurance or certification related to conduct during the award period --may result in OJP taking appropriate action with respect to the recipient and the award.Among other things, the OJP may withhold award funds,disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for 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 12 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. 13 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(f), and that elects to use the"de minimis" indirect cost rate, must Page: 8 of 23 DocuSign Envelope ID.35F548A3-FC6B-4C92-9F25-793F4C13FD8D 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. 14 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). 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)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). 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 1-9 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 are or will be involved in activities under this award"specifically includes (without limitation)any and all recipient(or any subrecipient)officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part)with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,the recipient (or any subrecipient)may choose to participate in,and use, E-Verify(www.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 any person or other entity,to violate any federal law, including any applicable civil rights or nondiscrimination law. Page: 9 of 23 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D 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). 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. 15 OJP Training Guiding Principles Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier—develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https:/lwww.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. 16 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. 17 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. 18 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers 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 October 15, 2020,will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance,the new Grant Award Administrator or Financial Manager must have successfully completed an"OJP financial management and grant administration training'by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants.Successful completion of such a training on or after October 15, 2020,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://onlinegfmt.training.ojp.gov/.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 Page: 10 of 23 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 19 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. 20 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 Page: 11 of 23 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D 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. 21 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 200.1)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. 22 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 23 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. 24 Alf 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. 25 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 Page: 12 of 23 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D 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. 26 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. 27 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(OJP or OVW,as appropriate)in writing of the potential duplication, and, if so requested by the DOJ awarding agency,must seek a budget-modification or change-of-project-scope Grant Award Modification(GAM)to eliminate any inappropriate duplication of funding. 28 Reporting potential fraud, waste,and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees")at any tier,must promptly refer to the DOJ Office of the Inspector General(OIG)any credible evidence that a principal, employee,agent,subrecipient, contractor,subcontractor,or other person has, in connection with funds under this award--(1)submitted a claim that violates the False Claims Act; or(2) committed a criminal or civil violation of laws pertaining to fraud,conflict of interest, bribery,gratuity,or similar misconduct. Potential fraud,waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by—(1)online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select"Submit Report Online"); (2)mail directed to: U.S. Department of Justice,Office of the Inspector General, Investigations Division,ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or(3)by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting)at(202)616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 29 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- Page: 13 of 23 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D 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). 30 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 fail 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. 31 Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global)guidelines. The recipient(and any subrecipient at any tier)must conform to the Global Standards Package(GSP)and all constituent elements,where applicable, as described at:https:/I it.ojp.gov/gsp_grantcondition. The recipient(and any subrecipient at any tier)must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. 32 Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible,existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 33 Law enforcement task forces-required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander,agency executive,task force officer, or other task force member of equivalent rank, must complete required online(internet-based)task force training.Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. Page: 14 of 23 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership(www.ctfii.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force,the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership(www.ctfli.org). 34 Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations,award conditions,and the DOJ Grants Financial Guide,and must include the applicable conditions of this award in any subaward.Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 35 Any written,visual, or audio publications funded in whole or in part under this award,with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs,which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention,the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice."The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. 36 Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages(i.e.,pages(exclusive of documents)whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service:"This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance,Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate,control, are responsible for,or necessarily endorse,this Web site(including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)."The full text of the foregoing statement must be clearly visible on the home page. On other pages,the statement may be included through a link, entitled"Notice of Federal Funding and Federal Disclaimer,"to the full text of the statement. 37 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient's Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at https://jjusticegrants.usdoj.gov/training! training-entity-management. 38 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient(and any subrecipient at any tier)must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to Page: 15 of 23 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award,the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below,whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient,a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation,lease, or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used, for example, in office, household,recreational,or education environments;and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure,or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA.The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at https://bja.govlFunding/nepa.html,for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients'existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 39 Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching(https://www.justice.gov/olp/page/le/1204386/ download),and must collect and report the metrics identified in Section IX of that document to BJA. 40 Establishment of trust fund If award funds are being drawn down in advance, the recipient(or a subrecipient,with respect to a subaward)is required to establish a trust fund account. Recipients(and subrecipients)must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply(2 C.F.R. 200.305(b)(8)).The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned)during the period of performance for the award and expend within 90 days thereafter.Any unobligated or unexpended funds, including interest earned,must be returned to OJP at the time of closeout. 41 All State and Local JAG recipients must submit quarterly Federal Financial Reports(SF-425).Additionally, State JAG and Local JAG Category Two($25K or more)must submit semi-annual performance reports through JustGrants and Local JAG Category One(Less than$25K)must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work.The recipient must Page: 16 of 23 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D submit quarterly performance metrics reports through BJA's Performance Measurement Tool(PMT)website: https:// bjapmt.ojp.gov/. For more detailed Information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage(https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 42 Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. 43 Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1, 2022 The recipient may obligate(federal)award funds only after the recipient makes a valid acceptance of the award.As of the first day of the period of performance for the award(October 1, 2022), however,the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until,at a minimum- - (1)the recipient makes a valid acceptance of the award, and(2)all applicable withholding conditions are removed by OJP(via an Award Condition Modification(ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at- risk,"if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification(ACM),the recipient is authorized to obligate(federal)award funds to reimburse itself for project costs incurred "at-risk"earlier during the period of performance(such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. 44 If award funds are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS,"the DNA database operated by the FBI)by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA.Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA(see National Rapid DNA Booking Operational Procedures Manual). 45 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks—including 18 U.S.C. 922 and 34 U.S.C. ch.409—if the recipient(or any subrecipient at any tier)uses this award to fund (in whole or in part)a specific project or program (such as a law enforcement, prosecution,or court program)that results in any court dispositions, information,or other records that are"eligible records"(under federal or State law)relevant to the National Instant Background Check System(NICS),or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are"eligible records"(under federal or State law)relevant to the NICS,the recipient(or subrecipient, if applicable)must ensure that all such court dispositions, information, or other records that are"eligible records"(under federal or State law)relevant to the NICS are promptly made available to the NICS or to the"State"repository/database that is electronically available to(and accessed by)the NICS,and--when appropriate--promptly must update, correct, modify, or remove such NICS- relevant"eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition(including subrecipient compliance). DOJ will give great weight to any such Page: 17 of 23 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FDBD evidence in any express written determination regarding this condition. 46 Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership(BVP)program. 47 Certification of body armor"mandatory wear"policies, and compliance with NIJ standards If recipient uses funds under this award to purchase body armor,the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written"mandatory wear"policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor.There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model,from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/ topics/equipment-and-technology/body-armor 48 Extreme risk protection programs funded by JAG must include,at a minimum. pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights,and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States,and as interpreted by State courts and United States courts(including the Supreme Court of the United States). Such programs must include,at the appropriate phase to prevent any violation of constitutional rights,at minimum, notice,the right to an in-person hearing,an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body,and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights,and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States,as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States).The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program. 49 Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152,the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. 50 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards("subgrants")of$30,000 or more Page: 18 of 23 DocuSign Envelope ID:35F548A3-FC6B-4C92-9F25-793F4C13FD8D and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds.The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm(Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to--(1)an award of less than $30,000, 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). 51 Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding"Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards,"the requirements for the"Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs"and the requirements for the"Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs"do not apply to this award. 52 The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier)may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles(UAV), or for any accompanying accessories to support UAS. 53 Initial period of performance; requests for extension. The recipient understands that for award amounts of less than$25,000 under JAG(Category 1), the initial period of performance of the award is two years.The recipient further understands that any requests for an extension of the period of performance for an award of less than$25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f)and in accordance with the program solicitation associated with this award Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any)will be at the discretion of the Director of BJA. 54 Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency(LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary.The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov. 55 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). Page: 19 of 23 DocuSign Envelope ID:35F548A3-FC6B-4C92-9F25-793F4C 13FD8D 56 Use of program income Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 57 Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient(and any subrecipient at any tier)must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system,as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d).The recipient may not satisfy such a fine with federal funds. 58 Protection of human research subjects The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 59 Confidentiality of data The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular,28 C.F.R.22.23. 60 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to,the provision of any information required for the assessment or evaluation of any activities within this project. 61 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies,among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing,accepts(or adopts)all material requirements that relate to conduct throughout the period of performance under this award.The recipient further understands,and agrees,that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. 62 In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology(FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety,and protects privacy, civil rights,and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment's protection against unreasonable searches and seizures and the First Amendment's freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request. 63 Page: 20 of 23 DocuSign Envelope ID.35F548A3-FC6B-4C92-9F25-793F4C13FD8D Withholding of funds for Required certification from the chief executive of the applicant government The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government,"properly-executed(as determined by OJP), and an Award Condition Modification has been issued to remove this condition. 64 Withholding of funds for Memorandum of Understanding The recipient may not expend or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and an Award Condition Modification has been issued to remove this condition. 65 Withholding of funds for Budget narrative or information The recipient may not expend or draw down any award funds until the recipient submits,and OJP reviews and accepts, the required budget information or narrative for the award, and an Award Condition Modification has been issued to remove this condition. [1 I have read and understand the information presented in this section of the Federal Award Instrument. Award Acceptance Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice(DOJ), under penalty of perjury,that I have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief,that the following are true as of the date of this award acceptance: (1)I have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me)a diligent review of all terms and conditions of, and all supporting materials submitted In connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before,after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2)I have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury,on behalf of myself and the applicant: (1)I understand that, in taking(or not taking)any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation;and(2)I understand that any materially false,fictitious, or fraudulent information or statement in this declaration and certification(or concealment or omission of a material fact as to either) 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 subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act(including under 31 U.S.C. §§3729-3730 and/or§§3801-3812)or otherwise. Agency Approval Title of Approving Official Name of Approving Official Signed Date And Time Deputy Assistant Attorney General Maureen Henneberg 9/20/23 9:08 PM Page: 21 of 23 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D Authorized Representative Entity Acceptance Title of Authorized Entity Official City Manager Signed Date And Time Page: 22 of 23 DocuSign Envelope ID 35F548A3-FC6B-4C92-9F25-793F4C13FD8D Page: 23 of 23 1 .4. ! a, . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9. For Meeting of: November 21, 2023 ITEM TITLE: Public hearing and Resolution authorizing an Interlocal Agreement with Yakima County regarding the 2023 JAG Grant SUBMITTED BY: *Tory Adams, Police Lieutenant Matt Murray, Chief of Police SUMMARY EXPLANATION: The City of Yakima has been notified by the U. S. Department of Justice that it is eligible to apply for the 2023 Justice Assistance Grant (JAG) in the amount of$73,844. The City is required to share $15,767 with Yakima County. The grant requires a public hearing and the approval of an interlocal agreement with Yakima County. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type D resolution 11/16/2023 Resolution D agreement_JAG 11/17/2023 Contract