HomeMy WebLinkAbout196-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 196-23
File Number: 2023-1007
4TH JUDICIAL DISTRICT DRUG TASK FORCE (GRANT ACCEPTANCE):
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2023 JUSTICE ASSISTANCE AND STATE DRUG
CRIME ENFORCEMENT AND PROSECUTION GRANT 1N THE TOTAL AMOUNT OF $226,235.00 WITH A
LOCAL MATCH IN THE AMOUNT OF $46,066.00 WHICH WILL BE USED TO PAY A PORTION OF THE
SALARIES AND BENEFITS OF 4TH JUDICIAL DISTRICT DRUG TASK OFFICERS WITH THE
FAYETTEVILLE, SPRINGDALE, AND PRAIRIE GROVE POLICE DEPARTMENTS AND THE WASHINGTON
COUNTY SHERIFF'S OFFICE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of a 2023 Justice
Assistance and State Drug Crime Enforcement and Prosecution Grant in the amount of $226,235.00 with a local match
in the amount of 40,066.00, which will be used to pay a portion of the salaries and benefits of 4th Judicial District Drug
Task Force Officers with the Fayetteville, Springdale, and Prairie Grove Police Departments and the Washington
County Sheriff's Office, and further authorizes Mayor Jordan to execute the grant agreement and any other documents
necessary to receive the funds.
PASSED and APPROVED on September 5, 2023
Page 1
Attest:
`' nrrrrryr
```�G.ER KTY
Kara Paxton, City letkTreasurer fVlLI E
: ;;:•.
z . . ..
%
u Nr`',1`,`�
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 5, 2023
TO: Mayor Jordan and City Council
THRU:
CITY COUNCIL MEMO
FROM: Mike Reynolds, Police Chief
DATE:
SUBJECT: Grant Award for Funding of 4th Judicial District Drug Task Force
RECOMMENDATION:
2023-1007
Staff recommends acceptance of an award for budgeted grant funding of the 4th Judicial District Drug Task
Force (4th JDDTF) through the Arkansas Department of Finance and Administration's (ADF&A) Justice
Assistance and State Drug Crime Enforcement and Prosecution Grant Programs in the amount of $272,301.
The award amount represents $91,319 in federal funding, $134,916 in state funding, and $46,066 in required
local in -kind matching funds.
BACKGROUND:
The Arkansas Department of Finance and Administration (ADF&A) has provided federal and state funding to
the City of Fayetteville for multi -jurisdictional drug task force activities since 1991. Grant funding is provided by
the Edward Byrne Memorial Justice Assistance Grant Program and the State Drug Crime Enforcement and
Prosecution Fund. Use of these funds are dictated by the 2020-2025 Statewide Strategic Plan adopted by the
Arkansas Alcohol and Drug Abuse Coordinating Council. The City of Fayetteville, as the fiduciary of the 4th
JDDTF, is a subgrantee of the Arkansas Alcohol and Drug Abuse Coordinating Council, and these grant funds
can only be used for law enforcement purposes.
Participating law enforcement agencies include Fayetteville, Springdale, Prairie Grove, Farmington, Lincoln,
Greenland, West Fork, Goshen, Elkins, Tontitown, Elm Springs, and Huntsville Police Departments, and the
Washington County Sheriff's Office. The DTF Control Group consists of top law enforcement officials from
Fayetteville, Springdale, Prairie Grove, and Washington County. Fayetteville continues to provide fiduciary
oversight of this funding and provides a DTF Supervisor, three (3) DTF Officers, and a DTF Secretary.
Springdale provides four (4) DTF Officers and Washington County provides a DTF Officer. Also, Prairie Grove
provides a DTF Officer, which represents all of the rural member agencies.
DISCUSSION:
ADF&A's Office of Intergovernmental Services has awarded grant funding through the Justice Assistance and
State Drug Crime Enforcement and Prosecution Grant. The grant award will partially reimburse personnel
expenses of the task force officers. The grant award budget will be distributed as follows: Fayetteville -
$60,162 federal and $88,885 state with local match of $30,348; Springdale - $12,574 federal and $18,576
state with local match of $6,343; Washington County - $9,209 federal and $13,606 state with local match of
$4,646; and Prairie Grove - $9,374 federal and $13,849 state with local match of $4,729.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
No increase in budgeted funds will be required. The current DTF budget will be sufficient for the balance of
2023. This grant funding will have no impact on current staffing levels.
ATTACHMENTS: SRF - 2023 DTF Grant Award, SRM - 2023 DTF Grant Award, 2023 DTF Grant Award
Documents
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1007
Grant Award for Funding of 4th Judicial District Drug Task Force
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2023 JUSTICE ASSISTANCE AND
STATE DRUG CRIME ENFORCEMENT AND PROSECUTION GRANT IN THE TOTAL
AMOUNT OF $226,235.00 WITH A LOCAL MATCH IN THE AMOUNT OF $46,066.00 WHICH
WILL BE USED TO PAY A PORTION OF THE SALARIES AND BENEFITS OF 4TH JUDICIAL
DISTRICT DRUG TASK OFFICERS WITH THE FAYETTEVILLE, SPRINGDALE, AND PRAIRIE
GROVE POLICE DEPARTMENTS AND THE WASHINGTON COUNTY SHERIFF'S OFFICE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of a
2023 Justice Assistance and State Drug Crime Enforcement and Prosecution Grant in the amount of
$226,235.00 with a local match in the amount of 40,066.00, which will be used to pay a portion of the
salaries and benefits of 4th Judicial District Drug Task Force Officers with the Fayetteville, Springdale,
and Prairie Grove Police Departments and the Washington County Sheriff's Office, and further
authorizes Mayor Jordan to execute the grant agreement and any other documents necessary to receive
the funds.
Page 1
Mike Reynolds
Submitted By
City of Fayetteville Staff Review Form
2023-1007
Item ID
9/5/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/16/2023 POLICE (200)
Submitted Date Division / Department
Action Recommendation:
Staff recommends acceptance of an award for budgeted grant funding of the 4th Judicial District Drug Task Force
(4th JDDTF) through the Arkansas Department of Finance and Administration's (ADF&A) Justice Assistance and
State Drug Crime Enforcement and Prosecution Grant Programs in the amount of $272,301. The award amount
represents $91,319 in federal funding, $134,916 in state funding, and $46,066 in required local in -kind matching
funds.
2930.200.2960-various
Account Number
Project Number
Budgeted Item? Yes
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Drug Enforcement
Fund
Project Title
$
818, 547.00
$
342,238.40
476,308.60
476,308.60
Purchase Order Number: Previous Ordinance or Resolution # V20221130
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Lioneld Jordan, Mayor
FROM: Mike Reynolds, Chief of Police
DATE: August 16, 2023
STAFF MEMO
SUBJECT: Grant Award for Funding of 4th Judicial District Drug Task Force
RECOMMENDATION:
Staff recommends acceptance of an award for budgeted grant funding of the 4th Judicial
District Drug Task Force (4th JDDTF) through the Arkansas Department of Finance and
Administration's (ADF&A) Justice Assistance and State Drug Crime Enforcement and
Prosecution Grant Programs in the amount of $272,301. The award amount represents
$91,319 in federal funding, $134,916 in state funding, and $46,066 in required local in -kind
matching funds.
BACKGROUND:
The Arkansas Department of Finance and Administration (ADF&A) has provided federal
and state funding to the City of Fayetteville for multi -jurisdictional drug task force activities since
1991. Grant funding is provided by the Edward Byrne Memorial Justice Assistance Grant
Program and the State Drug Crime Enforcement and Prosecution Fund. Use of these funds are
dictated by the 2020-2025 Statewide Strategic Plan adopted by the Arkansas Alcohol and Drug
Abuse Coordinating Council. The City of Fayetteville, as the fiduciary of the 4th JDDTF, is a
subgrantee of the Arkansas Alcohol and Drug Abuse Coordinating Council, and these grant
funds can only be used for law enforcement purposes.
Participating law enforcement agencies include Fayetteville, Springdale, Prairie Grove,
Farmington, Lincoln, Greenland, West Fork, Goshen, Elkins, Tontitown, Elm Springs, and
Huntsville Police Departments, and the Washington County Sheriff's Office. The DTF Control
Group consists of top law enforcement officials from Fayetteville, Springdale, Prairie Grove, and
Washington County. Fayetteville continues to provide fiduciary oversight of this funding and
provides a DTF Supervisor, three (3) DTF Officers, and a DTF Secretary. Springdale provides
four (4) DTF Officers and Washington County provides a DTF Officer. Also, Prairie Grove
provides a DTF Officer, which represents all of the rural member agencies.
DISCUSSION:
ADF&A's Office of Intergovernmental Services has awarded grant funding through the
Justice Assistance and State Drug Crime Enforcement and Prosecution Grant. The grant award
will partially reimburse personnel expenses of the task force officers. The grant award budget
will be distributed as follows: Fayetteville - $60,162 federal and $88,885 state with local match
of $30,348; Springdale - $12,574 federal and $18,576 state with local match of $6,343;
Washington County - $9,209 federal and $13,606 state with local match of $4,646; and Prairie
Grove - $9,374 federal and $13,849 state with local match of $4,729.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
No increase in budgeted funds will be required. The current DTF budget will be
sufficient for the balance of 2023. This grant funding will have no impact on current staffing
levels.
Attachments:
Grant Award Packet
V w`
ARKANSAS DEPARTMENT OF
FINANCE AND ADMINISTRATION
nJAG NEAT
RDCF ❑ LLEBG
1. SUBGRANTEE NAME AND ADDRESS(Including 2lp Code)
Uoneld Jordan, Mayor
4'e JD /Ch, of Fayetteville Drug Task Force (DTF)
113 West Mountain Street
Fayetteville, AR 72704
2. FEDERAL IDENTIFICATION NUMBER/UEI:
716018462/FKCORMDULFH9
3. MODIFICATION EFFECTIVE DATE:
4. MODIFICATION AMOUNT $
FEDERALAMOUNT: $
STATEAMOUNT: $
LOCAL MATCH: $
OFFICE OF INTERGOVERNMENTAL SERVICES
1515 West Seventh Street, Suite 4D4
P.O. Box 8031
Little Rock, Arkansas 72203,8031
Phone: (S01)682-1074
Fax: (501)682-5206
h�—'ILwwdh.nrkan a�n,ro/ImJ:oYrLCIa3J�Rn
CATAMG OF DOMESTIC FECEMLASsKEAHEE CFDA Number
16.738—Edward Bryn. Memorialhsstke JUHIAance
Grant
Arkansas state Drug Crime Enforcement and
S.
SUBGRANT NUMBER:
J24-0O4-22/23
STATE(NUA/SEPI
ISPBJA-22-GG-00664-JAGx
7.
START DATE:
July 1, 2023
END DATE:
June 30, 2024
8.
AWARD DATE:
July 1, 2D23
9.
. AMON:
a Initial
❑ Modification
10.
AWARDAMOUNT:
$272,301
FEDERALAMOUNT:
$ 91,319
STATE AMOUNT:
$184,916
LOCAL MATCH:
$46,066
NPFnd1fe0Rate Cast
S. PROJECT DESCRIPTION
tlmdgy mart arM prmeata IndlNduag who are manWactudng, sating, ortransp4rgng tlrep In arthrough the program'c JurlsdlWoml
ne of opeMlOv. Thlssubaward Ii na[ an Rg0
ead Subrodplent Agreements on page 103 of the gulde to see the sWific re4ulrements forthe, subawzrd document
i01 G.m. Pln.n,i.n (.nnl.. I ..... .....I
THE A60VE GRAM PROJECr n APPROVED SURFECT TO SUCH CONDITIONS OR LIMITATIONS AS SET FORTH IN WE APPUEATION AND ALL
CERTIFFEATIOM, ASSURANCES AND SPECIAL CONINTIOM PREMOUSLYAGREEDTO,
Doris Smith, DFA Administrator
Intergovernmental Services
14.
Mayor
yettevllle Drug Task Force (DTF)
OMB Number: 4040-0004
Expiration Date: 10/31/2019
Application for Federal Assistance SF-424
" 1. Type of Submission:
❑ Preapplication
® Application
❑ Changed/Corrected Application
* 2. Type of Application " If Revision, select appropriate letter(s):
® New
❑ Continuation " Other (Specify):
❑ Revision
3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier:
5b. Federal Award Identifier:
State Use Only:
6. Date Received by State:
7. State Application Identifier:
8. APPLICANT INFORMATION:
'a. Legal Name: City
of Fayetteville, Arkansas
" b. Employer/Taxpayer Identification Number (EIN/TIN):
"c. Organizational DUNS:
0716076880000
71-6018462
d. Address:
"Street1:
1800 N. Stephen Carr Memorial Blvd
Street2:
`City:
County/Parish:
Fayetteville
• State:
AR: Arkansas
Province:
"Country:
USA: UNITED STATES
"Zip / Postal Code:
72704-5569
e. Organizational Unit:
Department Name:
Police Department
Division Name:
4th Judicial District DTF
f. Name and contact information of person to be contacted on matters involving this application:
Prefix: "First Name:
Middle Name:
Willie
" Last Name:
Suffix:
Title: [
Organizational Affiliation:
"Telephone Number:
479-587-3581 Fax Number:
*Email
wnewman@fayetteville-ar.gov
Application for Federal Assistance SF-424
* 9. Type of Applicant 1: Select Applicant Type:
C: City or Township Government
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
* Other (specify):
* 10. Name of Federal Agency:
US Department of Justice, Office of Justice Program, Bureau
11. Catalog of Federal Domestic Assistance Number:
16.738
CFDA Title:
Edward Byrne Memorial Justice Assistance Grant (JAG)
* 12. Funding Opportunity Number:
Solicitation FY2023
* Title:
Edward Byrne Memorial Justice Assistance Grant (JAG) Program: FY2023
13. Competition Identification Number:
A: /A
Title:
N/A
14. Areas Affected by Project (Cities, Counties, States, etc.):
Add Attachment "Mete Attadirnew. V* V Attach roe-t
* 15. Descriptive Title of Applicant's Project:
Law Enforcement/Drug Task Force (Arkansas)
Attach supporting documents as specified in agency instructions.
Add Attachments Delete Attachments v,f, w ntfachmems
Application for Federal Assistance SF-424
16. Congressional Districts Of:
*a. Applicant i3rd "b. Program/Project 3rd
Attach an additional list of Program/Project Congressional Districts if needed.
Add Attachment Ott')dljw�,u
17. Proposed Project:
* a. Start Date: 07/01/2023 * b. End Date: 06/30/2024
18. Estimated Funding ($};
.a Federal 91, 319. 001
`b. Applicant 0.00
* c. State C 134, 916. 00
* d. Local C 4 6, 066. 00
* e. Other C 0. 00
`f. Program Income I 0.00
*g.TOTAL I 272,301,00
* 19. Is Application Subject to Review By State Under Executive Order 12372 Process?
® a. This application was made available to the State under the Executive Order 12372 Process for review on 1 08/18 /2023 .
b. Program is subject to E.O. 12372 but has not been selected by the State for review.
c. Program is not covered by E.O. 12372.
" 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.)
El Yes ® No
If "Yes", provide explanation and attach
[ Add/>it2cfnn:snt l?6i�Ier�tllGl,tilt?111 Vty�v!,ttaUntne.ni
21. *By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances'" and agree to
comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may
subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Suction 1001)
® ** I AGREE
** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency
specific instructions.
Authorized Representative:
Prefix: f l * First Name: 11,aanpl.d 1
Middle Name: l
' Last Name: i- r1
Suffix:
' Title. tta y„I
* Telephone Number: y7y_5iy_e331 Fax Number: L— I
*Email: mayor0fayetteville-ar.gov 71
` Signature of Authorized Representative:
* Date Signed: .}
OMB Number: 4040-0007
Expiration Date: 02/28/2022
ASSURANCES - NON -CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND
IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or pi ogram. If you have questions, please contact the
awarding agency. Further, certain Federal awarding ,-agencies may require applicants to certify to additional assurances.
If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of 7
1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C.§§1681-
1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42 U.
S.C. §§6101-6107), which prohibits discrimination on
the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290
ee- 3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the Civil
Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and, (j) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
Will comply, or has already complied, with the
requirements of Titles If and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally -assisted programs. These requirements
apply to all interests in real property acquired for
project purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole
or in part with Federal funds.
Previous Edition Usable Standard Form 424E (Rev. 7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
9. Will comply, as applicable, with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11693
Work Hours and Safety Standards Act (40 U.S.C. §§327- (identification and protection of historic properties), and
333), regarding labor standards for federally -assisted the Archaeological and Historic Preservation Act of
construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.).
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11614; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 at seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).
12. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
SIGNATURE OF AUTHOR ED CERTIFYING OFFICIAL
?PLICANT ORGAN[ fv
ity of Fayetteviv e, Arkansas
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead -based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non -Profit
Organizations."
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
19. Will comply with the requirements of Section 106(g) of
the Trafficking Victims Protection Act (TVPA) of 2000, as
amended (22 U.S.C. 7104) which prohibits grant award
recipients or a sub -recipient from (1) Engaging in severe
forms of trafficking in persons during the period of time
that the award is in effect (2) Procuring a commercial
sex act during the period of time that the award is in
effect or (3) Using forced labor in the performance of the
award or subawards under the award.
TITLE
M" yor
DATE SUBMITTED
3-0 ?�
Standard Form 424B (Rev. 7-97) Back
A C'
•
ICCQP`4
STANDARD ASSURANCES
OMB APPROVAL NO. 1121-140
EXPIRES 6/30/2021
The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies,
guidelines, and requirements, including 2 C.F.R. Part 2800 (Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards by the Department of Justice), and Ex. Order 12372
(intergovernmental review of federal programs). The applicant also specifically assures and certifies that:
1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial
capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper
planning, management, and completion of the project described in this application.
2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or personal gain.
3. It will give the awarding agency or the Government Accountability Office, through any authorized
representative, access to and the right to examine all paper or electronic records related to the financial assistance.
4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any
applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in
2 C.F.R. § 175.15(b).
5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National
Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic
properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.), and the
National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
6. It will comply (and will require any subreeipients or contractors to comply) with any applicable
nondiscrimination provisions, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §10604(e)); the Juvenile Justice and Delinquency
Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Violence Against Women Act (42 U.S.C. § 13925(b)(13)); the
Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301-1303); the
Rehabilitation Act of 1973 (29 U.S.C. § 794); the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-
34); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 1685-86); and the Age Discrimination Act of
1975 (42 U.S.C. §§ 6101-07). It will also comply with Ex. Order 13279, Equal Protection of the Laws for Faith -
Based and Community Organizations; Executive Order 13559, Fundamental Principles and Policymaking Criteria
for Partnerships With Faith -Based and Other Neighborhood Organizations; and the DOJ implementing regulations
at 28 C.F.R. Part 38.
7. If a governmental entity —
a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (42 U.S.C.§ 4601 et seq.), which govern the treatment of persons displaced as a result of
federal and federally -assisted programs; and
b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain political
activities of State or local government employees whose principal employment is in connection with an activity
financed in hole or irk part by federal assistance.
0q 10.5 3
ure ofCgritfactingOfficial Dat
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
(Sub -Recipient)
This certification is required by the regulatioons implementing Executive Order 12549, Debarment and
Suspension, 28 CFR Part 67, Section 67.510, Participants' responsibilities. The regulations were published as
Part VI of the May 26, 1988 Federal Register (pages 19160.19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department of agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certificaiton, such prospective participant shall attach an explanation to this proposal.
Lion Id Jordan, Mayor
Name a , , Title of Authorize ; Representative
re
City of Fayettldlle, Arkansas
Name of Organization
113 West Mountain Street, Fayetteville, AR 72701
Address of Organization
Date
OJP FORM 4061/1 (REV. 2/89) Previous editions are obsolete
CZ16"
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro-curement) and
Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and public (Federal, State, or local) transaction or contract under a
implemented at 28 CFR Part 69, for persons entering into a public transaction; violation of Federal or State antitrust statutes
grantor cooperative agreement over $100,000, as defined at or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
28 CFR Part 69, the applicant certifies that: statements, or receiving stolen property;
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in-
fluencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or at-
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(c) The undersigned shall require that the language of this cer-
tification be included in the award documents for all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Part 67, for prospec-
tive participants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.510—
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debar-
ment, declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department
or agency;
(b) I Iave not within a three-year period preceding this applica-
tion 13(-.en convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this applica-
tion had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHERTHAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620—
A. The applicant certifies that it will or will continue to provide
a drug -free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to
inform employees about—
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state-
ment required by paragraph (a);
(d) Notifying the employee in the statement required by para-
graph (a) that, as a condition of employment under the grant,
the employee will—
UJP FUKM 4UbI/6 (3-91) KEPLAGES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conic-tion
Employers of convicted employees must provide notice, including
position title, to: Department of Justice, Office of
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue,
N.W., Washington, D.C. 20531. Notice shall include the iden-
tlficatlon number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar
,f:rys „i receiving notice under subparagraph (d)(2), with
:;.i„• a to any employee who is so convicted—
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabllllatlon program approved for
such purposes by a Federal, Stale. or local health, law enforce-
ment, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -
free workplace through Implementation of paragraphs (a), (b),
(c). (d). (e), and (I).
B. The grantee may Insert In the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, county, state, zip
code)
Check ❑ if there are workplaces on file that are not indentified
here.
Section 67, 630 of the regulations provides that a grantee that
Is a State may elect to make one certification in each Federal
fiscal year. A copy of which should be included with each ap-
pllcation for Department of Justice funding. States and Slate
agencies may elect to use OJP Form 4061/7.
Check ❑ if the State has elected to complete OJP Form
406117.
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
Implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67.620—
A. As a condition of the grant. I certify that I will not engage
In the unlawful manufacture, distribution, dispensing, posses-
sion, or use of a controlled substance in conducting any
activity with the grant; and
B. If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity. I
will report the conviction, in writing, within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
Washington. D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
City of Fayetteville, Arkansas
100 W. Rock Street
Fayetteville, AR 72701
2. Application Number and/or Project Name
4th Judicial District Drug Task Force
4. Typed N
Lioneld
5.
and Title of Authorl 4 Representative
3. Grantee IRS/Vendor Number
71-6018462
_()qLO S "b2—
Date
'U.S Govemment Prinlin0 011ce: 1996 - 406-037140014
CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three, If recipient
evinph'Ms Section A or C and sub -arenas a sinvh• award over .9-500 001► in ndditinn nlo...•...•....... t..... n
..................... ,��..,... �.
Recipient's Name: City of Fa etleville, Arkansas
Address: 100 West Rock Street, FpyelteviIle AR 72701
Is agency a; ❑ Direct or Sub recipient of OJP, OVW or COPS funding? I Law Enforcement A enc ? LAYes o No
DUNS Number: 0756577420000 Vendor Number (only if direct recipient)
Name and Title of Contact Person: Willie Newman
Tel eplione Number: 479-587-3581 E-Mail Address: wnewman(g�fayettcville-ar.gov
Section A —Declaration Claiming Complete Exemption from the EEOP Requirement
Please check all the following boxes that apply.
❑ Less than fifty employees. ❑ Indian Tribe ❑ Medical Institution.
❑ Nonprofit Organization ❑ Educational Institution ❑ Receiving a single award(s) less than $25,000.
1' _ _ _ [responsible
official], certify that
[recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R § 42.302.
I further certify that [recipient]
will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of
services.
If recipient sub -grants a single award over $500, 000, in addition, please complete Section D
Print or Type Name and Title cr,�i,.:u„, Date
Section B—Declaration Claiming Exemption from the EEOP 7binission Requirement and Certifying
That an EEOP Is on File for Review
If a recipient agency has ffly or more employees and is receiving a single award or, subaward, of $25, 000 or more, but less than $500,000, then
the recipient agency does not have to submit an ESOP to the OCR for review as lung as it certifies the following (42 C.F.R. § 42.305);
I Lioneld Jordan, [responsible
official], certify that City of Fayetteville, Arkansas
[recipient], which has fifty or more employees and is receiving a single award or subaward for $25,000 or more, but less
than $500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last
twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable
federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for
Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office:
City of Fayetteville, Arkansas Human Resources Division
[organization],
113 West Mountain Street, Fayetteville, AR 7274�
[address]. /
Lioneld Jordan, Mayor
Print or TVpeName and Title Si ,t+� ►uzr `' l I spat�J
Section C—Declaration Stating that an EEOP hor Iorm Has Seen Submitted to the Office for Civil
Rights for Review
If a recipient agency has fifty or more employees and is receiving single award, or subaward, of $500,000 or more, then the recipient agency
must send an EEOP Short Form to the OCR for review.
1, [responsible
official], certify that
[recipient], which has fifty or more employees and is receiving a single award of $500,000 or more, has formulated an
EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on
[date] to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice.
If recipient sub -grants a single award over $500,000, in addition, please complete Section D
Print or Tjjw Name and Title signature Date
—V— l_.V11L1V11VV. 11G1-VJYV 02LPI GLlUn LiILC. 1//J IILIII i
BJA FY 22 Edward Byrne Memorial Justice
Assistance Program: Federal Award 15PBJA-22-GG-00664-JAGX
Special Conditions
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 2021 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If
this FY 2021 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 2021 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. 200,333.
In the event that an award -related question arises from documents or other materials
prepared or distributed by OJP that may appear to conflict with, or differ in some way from,
the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP
promptly for clarification.
2
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
Special Conditions -JAG
Federal Award: 1SPBJA-2I-GG-00264-JAGX Page 1 of 24 Authorized Official Initl s
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 PH to an OJP Program Manager no
later than 24 hours after an occurrence of an actual breach, or the detection of an
imminent breach.
3
Required training for Grant Award Administrator and Financial Manager (N/A)
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 January 1, 2019, 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 "Of 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 January 1, 2019, will satisfy this
condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant
administration training" for purposes of this condition is available at
https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a
session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if
the recipient fails to comply with this condition. The recipient's failure to comply also may
lead OJP to impose additional appropriate conditions on this award.
4
Safe policing and law enforcement subrecipients
If this award is a discretionary award, the recipient agrees that it will not make any
subawards to State, local, college, or university law enforcement agencies unless such
agencies have been certified by an approved independent credentialing body or have
started the certification process. To become certified, law enforcement agencies must meet
two mandatory conditions: (1) the agency's use of force policies adhere to all applicable
federal, state, and local laws; and (2) the agency's use of force policies prohibit chokehol s
Special Conditions -JAG
Federal Award: 15PBJA-2I-GG-00264-JAGX Page 2 of 24 Authorized official Inh ;ils
except in situations where use of deadly force is allowed by law. For detailed information
on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO.
5
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.
6
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-AwardRegts.htm), and incorporated by reference
into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient
official accepts all material requirements of the award, and specifically adopts, as if
personally executed by the authorized recipient official, all assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of
performance.
Failure to comply with one or more award requirements -- whether a condition set out in
full below, a condition incorporated by reference below, or an assurance or certification
related to conduct during the award period -- may result in OJP taking appropriate action
with respect to the recipient and the award. Among other things, the OJP may withhold
award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also
may take other legal action as appropriate.
Special Conditions -JAG
Federal Award: 15PBJA-2I-GG-00264-JAGX Page 3 of 24 Authorized Official Initi
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
awa rd.
7
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.
8
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.
Special Conditions -JAG
Federal Award: 15PBJA-2I-GG-00264-JAGX Page 4 of 24 Authorized Official Inl a
9
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."
10
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.
11
Compliance with applicable rules regarding approval, planning, and reporting of
conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable laws, regulations, policies, and official DOJ guidance (including specific cost
limits, prior approval and reporting requirements, where applicable) governing the use of
federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of
attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this
award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward
Requirements" In the "DOJ Grants Financial Guide").
Special Conditions -JAG
Federal Award: 15PBJA-2I-GG-00264-JAGX Page 5 of 24 Authorized Official Init
12
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and
effectiveness of work under this award. The data must be provided to OJP in the manner
(including within the timeframes) specified by OJP in the program solicitation or other
applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other
applicable laws.
13
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 advise Of in writing of both its
eligibility and its election, and must comply with all associated requirements in the Pan: 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
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:Hojp.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.
Special Conditions -JAG
Federal Award: 15PBJA-2I-GG-00264-JAGX Page 6 of 24 Authorized Official In A -
1s
Requirement to disclose whether recipient is designated "high risk" by a federal grant -
making agency outside of DOJ (N/A)
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.
16
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/financiaiguide/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.
17
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.
18
Compliance with general appropriations -law restrictions on the use of federal funds (FY
2021)
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
Special Conditions -JAG
Federal Award: 15PBJA-2I-GG-00264-JAGX Page 7 of 24 Authorized Official lnitlwh,
statutes. Pertinent restrictions, including from various "general provisions" in the
Consolidated Appropriations Act, 2021, are set out at
https://ojp.gov/funding/Explore/FY2lAppropriationsRestrictions.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.
19
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.
20
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
Special Conditions -JAG
Federal Award; 15PBJA-21-GG-00264-JAGX Page 8 of 24 Authorized Official Initl C4 �_
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.
E. Nothing in this condition, including in paragraph 4.13., shall be understood to relieve any
recipient, any subrecipient at any tier, or any person or other entity, of any obligation
otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify
Special Conditions -JAG
Federal Award: 15PBJA-2I-GG-00264-JAGX Page 9 of 24 Authorized official Initla
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.
21
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
Special Conditions -JAG
Federal Award: 15PBJA-2I-GG-00264-JAGX Page 10 of 24 Authorized Official 14-
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 anyfurther 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.
22
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the
U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34,
entitled "Crime Control and Law Enforcement." The reclassification encompassed a number
of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative
agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory
provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a
reference to that statutory provision as reclassified to Title 34. This rule of construction
specifically includes references set out in award conditions, references set out in material
incorporated by reference through award conditions, and references set out in other
award requirements.
23
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
i��ll s://�j .3ov!(tiI_Iciii�g/lit►hleirlcntll"r�3irtingf'iii141�I�sFor.��r�i��s-Sul�;r�rt ,�,�i�i�.
Special Conditions -JAG
Federal Award: 15PBJA-2I-GG-00264-JAGX Page 11 of 24 Authorized official Initl /
24
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements for authorization of any subaward. This condition applies to
agreements that -- for purposes of federal grants administrative requirements -- OJP
considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP
web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition:
All subawards ("subgrants") must have specific federal authorization), and are incorporated
by reference here.
25
Requirements related to System for Award Management and Universal Identifier
Requirements
The recipient must comply with applicable requirements regarding the System for Award
Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable
requirements regarding registration with SAM, as well as maintaining the currency of
information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to
first -tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to
entities that do not acquire and provide (to the recipient) the unique entity identifier
required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are
posted on the OJP web site at https://ojp,gov/funding/Explore/SAM.htm (Award condition:
System for Award Management (SAM) and Universal Identifier. Requirements), and are
incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a
natural person (i.e., unrelated to any business or non-profit organization that he or she
may own or operate in his or her name).
26
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
Special Conditions -JAG
Federal Award: 15PBJA-2I-GG-00264-JAGX Page 12 of 24 Authorized official InItI Is
applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OjP from being used by
the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to
influence) a federal agency, a Member of Congress, or Congress (or an official or employee
of any of them) with respect to the awarding of a federal grant or cooperative agreement,
subgrant, contract, subcontract, or loan, or with respect to actions such as renewing,
extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law
apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or
subrecipient) would or might fall within the scope of these prohibitions, the recipient is to
contact OjP for guidance, and may not proceed without the express prior written approval
of OjP.
27
Specific post -award approval required to use a noncompetitive approach in any
procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements to obtain specific advance approval to use a noncompetitive
approach in any procurement contract that would exceed the Simplified Acquisition
Threshold (currently, $250,000). This condition applies to agreements that -- for purposes
of federal grants administrative requirements — OjP considers a procurement "contract"
(and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a
procurement contract under an OjP award are posted on the OjP web site at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition:
Specific post -award approval required to use a noncompetitive approach in a procurement
contract (if contract would exceed $250,000)), and are incorporated by reference here.
28
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.
Special Conditions -JAG
Federal Award; 15PBJA-2I-GG-00264-JAGX Page 13 of 24 Authorized Offlclal Initi
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.
29
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.
30
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.
Special Conditions -JAG
Federal Award: 15PBJA-2I-GG-00264-JAGX Page 14 of 24 Authorized Official Initial
31
FFATA reporting: Subawards and executive compensation (N/A)
The recipient must comply with applicable requirements to report first -tier subawards
("subgrants") of $30,000 or more and, in certain circumstances, to report the names and
total compensation of the five most highly compensated executives of the recipient and
first -tier subrecipients (first -tier "subgrantees") of award funds. The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of
2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm
(Award condition: Reporting Subawards and Executive Compensation), and are
incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less
than $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).
32
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).
33
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.
Special Conditions -JAG
Federal Award: 15PBJA-21-GG-00264-JAGX Page 15 of 24 Authorized official Init Is
34
Use of program income (N/A)
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.
35
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:/ / 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.
36
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.
37
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
Speclal Conditions -JAG
Federal Award: 15PBJA-2I-GG-00264-JAGX Page 16 of 24 Authorized Officlal Initials_y
l �/
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.
38
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28
C.F.R. Part46 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.
39
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.
40
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task
force funded with award funds who is a task force commander, agency executive, task
force officer, or other task force member of equivalent rank, must complete required
online (internet-based) task force training. Additionally, all future task force members must
complete this training once during the period of performance for this award, or once every
four years if multiple OJP awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for
Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force
effectiveness, as well as other key issues including privacy and civil liberties/rights, task
force performance measurement, personnel selection, and task force oversight and
accountability. If award funds are used to support a task force, the recipient must compile
and maintain a task force personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the
Center for Task Force Integrity and Leadership
Special Conditions -JAG
Federal Award; 15PBJA-2I-GG-00264-JAGX Page 17 of 24 Authorized Official Initl
41
justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650
per day. A detailed justification must be submitted to and approved by the OJP program
office prior to obligation or expenditure of such funds.
42
"Methods of Administration" - monitoring compliance with civil rights laws and
nondiscrimination provisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance
with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of
the date of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at
CivilRightsMOA@usdoj.gov) written Methods of Administration ("MOA") for subrecipient
monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by
another authorized federal agency), the recipient must make associated documentation
available for review.
The details of the recipient's obligations related to Methods of Administration are posted
on the OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin-
FY2017update.htm (Award condition: "Methods of Administration" - Requirements
applicable to States (FY 2017 Update)), and are incorporated by reference here.
43
The recipient understands that, in acceptingthis 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.
44
Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying
Special Conditions -JAG
Federal Award: 15PBJA-2I-GG-00264-JAGX Page 18 of 24 Authorized Official Initi s
with the National Environmental Policy Act (NEPA), the National Historic Preservation Act,
and other related federal environmental impact analyses requirements in the use of these
award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient
agrees to first determine if any of the following activities will be funded by the grant, prior
to obligating funds for any of these purposes. If it is determined that any of the following
activities will be funded by the award, the recipient agrees to contact BjA.
The recipient understands that this condition applies to new activities as set out below,
whether or not they are being specifically funded with these award funds. That is, as long
as the activity is being conducted by the recipient, a subrecipient, or any third party, and
the activity needs to be undertaken in order to use these award funds, this condition must
first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or
historically sensitive area, including properties located within a 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.gov/Funding/nepa.html, for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the
recipient's or its subrecipients' existing programs or activities that will be funded by these
award funds, the recipient, upon specific request from BjA, agrees to cooperate with BjA in
any preparation by BjA of a national or program environmental assessment of that funded
program or activity.
Special Conditions -JAG
Federal Award: 1SP131A-21-GG-00264-JAGX Page 19 of 24 Authorized Official InIU4j! %/
45
Establishment of trust fund (N/A)
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 QAG). 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 unobllgated or unexpended funds, including interest earned,
must be returned to OJP at the time of closeout.
46
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.
47 (N/A)
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 submit quarterly performance metrics reports
through BJA's Performance Measurement Tool (PMT) website
(www.bjaperformancetools.org). For more detailed information on reporting and otherJAG
requirements, refer to the JAG reporting requirements webpage. Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future
High Risk designation. '
Special Conditions -JAG
Federal Award: 15PWA-2I-GG-00264-JAGX Page 20 of 24 Authorized Official Inid Is
48
Expenditures prohibited without waiver
No funds under this award maybe 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.
49
Authorization to obligate (federal) award funds to reimburse certain project costs incurred
on or after October 1, 2020
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, 2020), 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.
s0
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA
profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database
operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles
generated under this award may be entered or uploaded into any non -governmental DNA
database without prior express written approval from BJA. Award funds may not be used
for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be
accepted for entry into CODIS. 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).
Special Conditions -JAG
Federal Award; 15PBJA-2I-GG-00264-JAGX Page 21 of 24 Authorized Official Initl s
51
Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks --
including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any
tier) uses this award to fund (in whole or In part) a specific project or program (such as a
law enforcement, prosecution, or court program) that results in any court dispositions,
information, or other records that are "eligible records" (under federal or State law)
relevant to the National Instant Background Check System (NICS), or that has as one of its
purposes the establishment or improvement of records systems that contain any court
dispositions, information, or other records that are "eligible records" (under federal or
State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure
that all such court dispositions, information, or other records that are "eligible records"
(under federal or State law) relevant to the NICS are promptly made available to the NICS
or to the "State" repository/database that is electronically available to (and accessed by) the
NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such
NICS-relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to
demonstrate diligent monitoring of compliance with this condition (including subrecipient
compliance). DOJ will give great weight to any such evidence in any express written
determination regarding this condition.
52
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.
53
Certification of body armor "mandatory wear" policies
If recipient uses funds under this award to purchase body armor, the recipient must submit
a signed certification that law enforcement agencies receiving body armor purchased with
funds from this award have a written "mandatory wear" policy in effect. The recipient must
keep signed certifications on file for any subrecipients planning to utilize funds from this
award for ballistic -resistant and stab -resistant body armor purchases. This policy must be
in place for at least all uniformed officers before any funds from this award may be used by
an agency for body armor. There are no requirements regarding the nature of the policy
other than it be a mandatory wear policy for all uniformed officers while on duty.
Special Conditions -JAG
Federal Award: 15PBJA-2I-GG-00264-JAGX Page 22 of 24 Authorized official Initi
54
Body armor - compliance with NIJ standards and other requirements
Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be
purchased at any threat level, make or model, from any distributor or manufacturer, as
long as the body armor has been tested and found to comply with applicable National
Institute of Justice ballistic or stab standards and is listed on the NU Compliant Body Armor
Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-
armor.aspx). In addition, ballistic -resistant and stab -resistant body armor purchased must
be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C.
10202(c)(1)(A). The latest NU standard information can be found here: https:/ / nij.gov/
topics/ technology/ body -armor/ pages/ safety-initiative.aspx.
55
Recipient integrity and performance matters: Requirement to report information on certain
civil, criminal, and administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of
information on civil, criminal, and administrative proceedings connected with (or
connected to the performance of) either this OJP award or any other grant, cooperative
agreement, or procurement contract from the federal government. Under certain
circumstances, recipients of OJP awards are required to report information about such
proceedings, through the federal System for Award Management (known as "SAM"), to the
designated federal integrity and performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of
information on certain civil, criminal, and administrative proceedings to the federal
designated integrity and performance system (currently, "FAPIIS") within SAM are posted
on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient
Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are
incorporated by reference here.
56
BJA- JAG - Withholding of Funds for Chief Executive Certification
Withholding of funds: 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
Special Condltlons-JAG
Federal Award: 15PBJA-2I-GG-00264-JAGX Page 23 of 24 Authorized Official Initial
Government," properly -executed (as determined by OJP), and an Award Condition
Modification has been issued to remove this condition.
57
BJA- JAG - SORNA Appeal Limits
The recipient acknowledges the final agency decision made by QOJ that recipient's
jurisdiction did not substantially implement the Sex Offender Registration and Notification
Act (Public Law 109-248, "SORNA") before the deadline, and understands that, as a result of
that final agency decision, the amount ofthisJAG award was reduced, pursuant to 34 U.S.C.
20927. By accepting this specific award, the recipient voluntarily agrees that if it elects to
file a judicial appeal of that final agency decision, which was integral in determining this
particular funding amount, no such appeal may commence more than 6 months after the
date of acceptance of this award.
Special Conditions -JAG
Federal Award:15PBJA-2I-GG-00264-JAGX Page 24 of 24 Authorized Official InHI