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HomeMy WebLinkAbout227-24 RESOLUTIONFile Number: 2024-419 113 West Mountain Street Fayetteville , AR 72701 (479) 575-8323 Resolution: 227-24 4TH JUDICIAL DISTRICT DRUG TASK FORCE (GRANT A WARD): A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A STATE DRUG CRIME ENFORCEMENT AND PROSECUTION GRANT FOR STATE FUNDING OF THE FOURTH JUDICIAL DISTRICT DRUG TASK FORCE IN THE AMOUNT OF $272 ,301.00, AND TO AUTHORIZE MAYOR JORDAN TO SIGN ALL NECESSARY DOCUMENTS TO RECEIVE THE GRANT FUNDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville , Arkansas hereby authorizes acceptance of a State Drug Crime Enforcement and Prosecution Grant for state funding of the Fourth Judicial District Drug Task Force in the amount of $272 ,301.00, and authorizes Mayor Jordan to sign all necessary documents to receive the grant funds . PASSED and APPROVED on September 3 , 2024 Attest: Page 1 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-419 MEETING OF SEPTEMBER 3, 2024 TO: Mayor Jordan and City Council THRU: FROM: Mike Reynolds, Police Chief SUBJECT: Grant Award for Funding of the 4th Judicial District Drug Task Force RECOMMENDATION: Staff recommends approval of a resolution to accept a grant award for 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 grant award amount represents $169,676 in federal grant funding, $56,559 in state grant 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 sub grantee 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 Washington County. The DTF Control Group consists of top law enforcement officials from Fayetteville, Springdale, Elkins, 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 three (3) DTF Officers, Washington County provides a DTF Officer, and Elkins provides a DTF Officer which represents the rural member agencies. DISCUSSION: ADF&A’s Office of Intergovernmental Services is providing grant funding through the Justice Assistance and State Drug Crime Enforcement and Prosecution Grant Programs. The award for grant funding will partially reimburse personnel expenses of the task force officers. The grant award will be distributed as follows: Fayetteville - $106,932.50 in Federal funds, $35,644.37 in State Fund, and $29,031.53 in local match funds; Springdale - $22,820.83 in Federal funds, $7,606.99 in State funds, and $6,195.71 in local match funds; Washington County - $22,693.50 in Federal funds, $7,564.55 in State funds, and $6,161.15 in local match funds; and Elkins - $17,229.17 in Federal funds, $5,743.09 in State funds, and $4,677.61 in local match. BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov No increase in budgeted funds will be required. The current 4th JDDTF budget will be sufficient for the balance of 2024. This grant funding will have no impact on current staffing levels. ATTACHMENTS: SRF (#3), SRM (#4), 2024-2025 Award Packet - 4th JD DTF Award (#5) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-419 Grant Award for Funding of the 4th Judicial District Drug Task Force A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A STATE DRUG CRIME ENFORCEMENT AND PROSECUTION GRANT FOR STATE FUNDING OF THE FOURTH JUDICIAL DISTRICT DRUG TASK FORCE IN THE AMOUNT OF $272,301.00, AND TO AUTHORIZE MAYOR JORDAN TO SIGN ALL NECESSARY DOCUMENTS TO RECEIVE THE GRANT FUNDS 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 State Drug Crime Enforcement and Prosecution Grant for state funding of the Fourth Judicial District Drug Task Force in the amount of $272,301.00, and authorizes Mayor Jordan to sign all necessary documents to receive the grant funds. 2 3 Application for Federal Assistance SF-424 16. Congressional Districts Of : • a. Appli cant 13rd I • b. Program /Project 13rd I Attach an additional list of Progr am/Proje ct Congressional Districts if needed . I I I Add Attachment II Detet Attachment 11 View Altachmem I 17. Proposed Project : • a. Start Date : !0110112024 I ' b. End Date : 106/30/20251 18 . Estimated Funding($): •a .Fe deral I 169,676.ooi • b. Applicant I o. ooJ • c . State 56,559. ooJ • d . Local 46,066.ooi • e. Other o. ooi • f . Program Income o. ooi 'g. TOTAL 2n, 301. ooJ • 19. Is Application Subject to Review By State Under Executive Order 12372 Process? !z;J a This application was made available to the State under the Executive Order 12372 Process for review on I 08/05/2024 I- ob. Program is su bject lo E .0 . 12372 but has not been selected by the Stale for review . De Program is not covered by E .0 . 12372. • 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) OYes jz;J No If "Y es ", provide explanation and attach I I I AdcJA!lachm nt I I Delete Attachment 1 1 View A11achmen1 I 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 requ ired 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 crim inal, civil, or administrative penalties . (U.S . Code , Title 218 , Section 1001) jz;J •• 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: I I • Firs t Name : ILioneld I Middle Name : I I • Last Name: jJord n Suffix : I I 'Title: jMay or I • Te lephone Number : 1479-575-8331 /\ j Fax Number: j I • Email : jma y or@f ayettevi lle-ar. gov /) l I • Signature of Authorized Represe ntative: l~//v,~v/i/ • Date Signed : I 09/03/24 I _,,,,, .// ...._,/1{\A - / 4 5 9. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U .S .C . §§276a to 276a-7). the Copeland Act (40 U .S.C . §276c and 18 U .S.C. §874). and the Contract Work Hours and Safety Standards Act (40 U .S .C . §§327- 333), regarding labor standards for federally-assisted construction subagreements. 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 recip ients in a special llood 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) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of nood 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 or 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 et seq .); (g) protection of underground sources of drinking waler 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 or 1968 (16 U.S .C . §§1271 et seq .) related to protecting components or potential components of the national wild and scenic rivers system . 13 . Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U .S.C . §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U .S.C . §§469a-1 el seq.). 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, leaching , 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 0MB 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 traflicking in persons during the period or 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 or the award or subawards under the award . TITLE [ Mayor DATE SUBMITTED 09/03/24 Standard Form 4248 IRev. 7·97) Back 6 B APPROVAL NO. 1121-140 EXPIRES 6/30/2021 STAND ARD ASSURANCES 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. 1t 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. § l 75 .15(b). 5. It will assist the awarding agency (if necessary) in assu1ing compliance with section I 06 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeologica l and Historical Preservation Act of 1974 (16 U.S.C. § 469a-l et seq.), and the National Environmental Policy Act of 1969 (42 U .S .C. § 4321 ). 6. It will comply (and will require any subrecipients or contractors to comply) with any applicable nondiscrimination provisions , which may include the Omnibus Crime Control and Safe Streets Act of l 968 ( 42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S .C. §10604(e)); the Juvenile Justice and Delinquency Prevention Act of2002 (42 U.S.C . § 5672(b)); the Violence Against Women Act (42 U.S.C. § 13925(b)(l3)); the Civil Rights Act of I 964 (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 I 3559, 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 St te or local vernment employees whose principal employment is in connection with an activity t y federal assistance. 09/03/24 Date 7 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 VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIF I CATION , 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 cert ificaiton , such prospective participant shall attach an explanat ion to th is proposal. 09/03/24 Date City of Fayetteville , Arkansas Name of Organization 1800 N . Stephen Carr Memorial Blvd, Fayetteville, AR 72704 -5569 Address of Organization OJP FORM 4061 /1 (REV . 2/89) Previous editions are obsolete 8 9 10 (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 convic-tion . Employers of convicted employees must provide notice, including position title, to : Dep rtment of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the iden- tification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect 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 rehabilitation program approved for such purposes by a Federal, State, or local health, law enforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free workplace th rough implementation of paragraphs (a}, (b}, (c), (d}. (e), and (f ). 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 lhat 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- plication for D partment of Justice funding . States and State agencies may elect to use OJP Form 4061/7 . Check D if the State has elected to complete OJP Form 4061/7 . 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 cert ify that I wi ll not engage In th unlawful manufacture , distr ibution. dispensing, posses- sion , or use of a control led substance in conducting any activity with the gran t ; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will r port th e con viction . In writing , within 10 calendar days of the convicti on, to: Depar1ment of Justice, Office of Justice Programs , ATTN : Control Desk , 633 Indiana Avenue, N .W., Washington , O.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 1800 N. Stephen Carr Memorial Blvd. Fayetteville , AR 72704-5569 2 . Application Number and/or Project Name 4th Judicial District Drug Task Force rized Representative 5 . 3 . Grantee IRS/Vendor Number 71-6018462 09/03/24 6 . Date ·u S. Govern men t Ponting Office: 1996 -4 5-037/4001 4 CERTIFICATION FORM Compliance with the Equa l Employment Opportunity Plan (EE OP) Requirements Please read carefully th e instructions (see below) and then complete Section A or Section 8 or Section C. not all three . Jf recipient co m letes Section A or C and sub -rants a sin I award over$ 00.000, in addition, please co m let Section D. Address: 1800 N. Ste hen Carr Memorial Blvd, Fa etteville, AR 72704 ls a enc a;□ Direct or~ Sub reci ient of OJP , OVW or COPS fundin ? Law Enforcement A enc ? ~Yes □ No DUNS Number: 0756577420000 Vendor Number on! if direct reci ient Name and Title of Contact Person: Willie Newman Tele hone Number: 479-587-3581 E-Mail Address: wn Section A-Declaration Claiming Complete Exemption from the EEOP Req ui r m nt Please check all lhe following boxes that apply. o Less than fifty employees. o Indian Tribe o Medical Institution. o Nonprofit Organization o Educational Institution o Receiving a single award(s) less than $25,000. [responsible officia[J, 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 Ty,) ame and Title i /l(l/ure Date Section B-Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review If a recipient agency has fifty or more employees and is receiving a single award or, subaward, of $25,000 or more, but less th"n $500 ,000, then the recipient agency does not have to submit an EEOP to the OCR/or review as long as it certifies the following (42 C.F.R. f 42.305): I, Lioneld Jordan [responsible official], certify that City of Fayetteville, Arkansas [r ec ipient], 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 fonnulated 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: Cit of Fa etteville, Arkansas Human Resourc s Division [organization], 113 W . Mountain St., Fa etteville, AR 7270 ' [address]. Lioneld Jordan. Mayor e Name and Title D eclar ation Rights for Review 09/03/24 Date i vi l If a re ipiem agency has fifty or more mplo> and fa· receiving a Ing/ award, or !>11baward, of 500.000 or mor . th II th e re ipi ent agency must send an EEOP Shon Poro, to the O Rfor review. I, [r espon ible officia!J c rtify that ---:---------------------------------- [recipient], which ha fifty ceiving 00 000 or m EEOP in accordan with . . ent i [date] lo the Office for ivi I , fl.ice of Ju ti Pr am partm Jf re /pi Ill -grant a ·i ngle award over 00,000, in addition , p ctio11 D Print or T e ame and Title Si nature Dnt 13 14 15 16 SPECIAL CONDITIONS FOR FEDERAL AWARD 1 SPBJA-22-GG-00664-JAGX Initial Here S ecial Conditions 1 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law r.estriction, the recipient is to contact OJP for guidance , and may not proceed without the express prior written approval of OJP. 2 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C .F.R. Part 200 , as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain --typically for a period of 3 years from the date of submission of the final ex enditure re ort (SF 425 , unless a 17 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-22-GG-00664-JAGX different retention period applies --and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification 3 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (0MB 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" (0MB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 4 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 Princip les for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implemenUtraining-guiding-principles- grantees-and-subgrantees. 5 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 reci ient that relate to conduct durin the eriod of 18 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-22-GG-00664-JAGX performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances , the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance , are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices- AwardReqts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements --whether a condition set out in full below, a condition incorporated by reference below , or an assurance or certification related to conduct during the award period --may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds , disallow costs, or suspend or terminate the award . DOJ, including OJP, also may take other legal action as appropriate . Any materially false, fictitious, or fraudulent statement to the federal government related to this award ( or concealment or omission of a material fact) may be the subject of cr iminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable , such provision shall be deemed severable from this award. 6 Com liance with DOJ re ulations pertainin • • • hts and 19 SPECIAL CONDITIONS FOR FEDERAL AWARD 1 SPBJA-22-GG-00664-JAGX 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. 7 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. 8 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." 9 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to emplo ees 20 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-22-GG-00664-JAGX 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. 10 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"). 11 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 a licable laws. 21 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-22-GG-00664-JAGX 12 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated --in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute --that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/lnteract-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. 13 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website ( currently, the "DOJ Grants Financial Guide" available at https://ojp .gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide . 14 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. 15 Emplo verification for hirin under the award 22 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-22-GG-00664-JAGX 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 w ith the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- ( 1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S .C . 1324a(a)(1) that , generally speaking, make it unlawful , in the United States , to hire (or recruit for employment) certain aliens . c. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U .S.C . 1324a(a)(1 ). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements , as well as records of all pertinent notifications and trainings. 2 . Monitoring The recipient's monitoring respons i bilities include monitoring of subrecipient compliance with this condition . 3. Allowable costs To the extent that such costs are not re imbursed 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 pur oses of this condition , ersons "who are or will be involved 23 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-22-GG-00664-JAGX 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 4.8., 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 OHS. For more information about E-Verify visit the E-Verify website (https://www.e- verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 24 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-22-GG-00664-JAGX 16 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 restr ict) 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 determ i ned that no other entity that the rec ipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract , or subcontract under a rocurement contract either re uires or has 25 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-22-GG-00664-JAGX required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above;and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud , or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume ( or permit resumption of) such obligations only if expressly authorized to do so by that agency. 17 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. 18 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must com I with all a licable re uirements for authorization of an 26 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-22-GG-00664-JAGX 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. 19 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). 20 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, re ulation, or olic , at an level of overnment. See 18 U.S.C. 27 SPECIAL CONDITIONS FOR FEDERAL AWARD 1 SPBJA-22-GG-00664-JAGX 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract , or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352 . Certain exceptions to this law apply , including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions , the recipient is to contact OJP for guidance , and may not proceed without the express prior written approval of OJP. 21 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 . 22 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award 28 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-22-GG-00664-JAGX The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking .htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 23 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. 24 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 htt s://oi ."ustice . av/hotline/contact-rants .htm select "Submit 29 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-22-GG-00664-JAGX 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. 25 The recipient agrees to comply with OJP grant monitoring guidelines, protocols , and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits . The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 26 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. 27 Justice Information Sharin 30 SPECIAL CONDITIONS FOR FEDERAL AWARD 1 SPBJA-22-GG-00664-JAGX Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing In itiative (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/ gspgrantcondition. 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. 28 Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23 , Criminal Intelligence Systems Operating Policies , if OJP determines this regulation to be applicable. Should OJP determine 28 C .F .R. Part 23 to be applicable , OJP may , at its discretion, perform audits of the system , as per the regulation. Should any violation of 28 C .F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C . 10231 (c)-(d). The recipient may not satisfy such a fine with federal funds . 29 Confidentiality of data The recipient (and any subrecipient at any t ier) 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. 30 The award recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements for this process will be outlined by the Office of Justice Programs. 31 The recipient agrees to cooperate· with any assessments , national evaluation efforts , or information or data collection requests, including , but not limited to , the provision of any information required for the assessment or evaluation of an activities within this ro ·ect. 31 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-22-GG-00664-JAGX 32 Law enforcement task forces -required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 33 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. 34 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. 32 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-22-GG-00664-JAGX 35 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The rec ipient 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 re uire the re aration of an Environmental Assessment and/or an 33 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-22-GG-00664-JAGX 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. 36 Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest- bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200 .305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. 37 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. 38 Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exi ent circumstances exist, makin such expenditures 34 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-22-GG-00664-JAGX essential to the maintenance of public safety and good order. 39 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). 35 Initial Here SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX Special Conditions 1 Comp liance with restrictions on the use of federal funds--proh ibited and controlled equipment under OJP awards Consistent with Executive Order 14074 , "Advancing Effective , Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety ," OJP has prohibited the use of federal funds under this award for purchases or transfers of spec ified equ ipment by law enforcement agencies . In addition , OJP requires the recipient , and any subrec ipient ("subgrantee") at any tier , to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the "controlled equipment" list. The details of the requirement are posted on the OJP web site at https ://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition : Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here. 2 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C .F.R. Part 54 The recipient , and any subrec ipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54 , which relates to nondiscrimination on the basis of sex in certain "education programs ." 3 Compliance with 41 U .S .C. 4712 (including prohibitions on reprisal ; notice to employees) The recipient (and any subrecipient at any tier) must comply with , and is subject to, all applicable provisions of 41 U.S .C . 4712 , including all applicable provisions that prohibit , under specified circumstances , discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds , an abuse of authority relating to a federal grant , a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees , in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U .S .C. 4712 . 36 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX Should a question arise as to the applicability of the provisions of 41 U.S.C . 4712 to this award , the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance . 4 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements , Cost Principles, and Audit Requirements in 2 C .F.R. Part 200 , as adopted and supplemented by DOJ in 2 C .F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP . The Part 200 Uniform Requirements were first adopted by DOJ on December 26 , 2014 . If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date , and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp .gov/funding/Part200UniformRequirements .htm. Record retention and access : Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain --typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies --and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records , supporting documents, statistical records , and other pertinent records indicated at 2 C .F.R. 200.334. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from , the provisions of the Part 200 Uniform Requirements , the recipient is to contact OJP promptly for clarification . 5 Compliance with applicable rules regarding approval , planning, and reporting of conferences, meetings , trainings, and other events 37 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX The recipient, and any subrecipient ("subgrantee") at any tier , must comply with all applicable laws , regulations, policies, and official DOJ guidance (including specific cost limits , prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences . Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently , as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 6 Requirement for data on -performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance . Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 7 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp .gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 8 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient , and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/ FY22AppropriationsRestrictions.htm, and are incorporated by reference here . Should a question arise as to whether a articular use of federal funds by a 38 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX recipient ( or a subrecipient) would or might fall within the scope of an appropriations-law restriction , the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP . 9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C .F .R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries . Currently , among other things , 28 C .F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion , a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice . Part 38 , currently , also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities , as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations . The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi- bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration , Chapter 1, Part 38 , under e-CFR "current" data . 10 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds , or may impose other related requirements , if (as determined by the OOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits , investigations , or reviews of DOJ awards. 11 Requirements of the award ; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with an assurances or certifications submitted by or on behalf of the reci ient that 39 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" ( ojp .gov/funding/Explore/LegalNotices-AwardReqts . htm ), and incorporated by reference into the award. • By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance . Failure to comply with one or more award requirements --whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period --may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP , also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award ( or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C . 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U .S .C . 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead , that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 12 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 40 SPECIAL CONDITIONS FOR FEDERAL AWARD 1 SPBJA-23-GG-02964-JAGX The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C .F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C .F.R. Part 42 that relate to an equal employment opportunity program. 13 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 ). o. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements , as well as records of all pertinent notifications and trainings. 2 . Monitoring ., The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3 . Allowable costs To the extent that such costs are not reimbursed under any other federal program , award funds may be obligated for the reasonable , necessary, and allocable costs (if any) of actions desi ned to ensure compliance with this 41 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX 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 activ ities 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 .B ., shall be understood to relieve any recipient , any subrecipient at any tier, or any person or other entity , of any obligation otherwise imposed by law, including 8 U .S .C. 1324a(a)(1 ). Questions about E-Verify should be directed to OHS. For more information about E-Verify visit the E-Verify website (https ://www.e-verify .gov/) or email E- Verify at E-Verify@dhs.gov . E-Verify employer agents can email E-Verify at E- VerifyEmployerAgent@dhs .gov. Questions about the meaning or scope of this condition should be directed to OJP , before award acceptance. 14 OJP Tra inin 42 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX Any training or training materials that the recipient --or any subrecipient ("subgrantee") at any tier --develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees , available at https://www.ojp.gov/funding/implement/training-guiding-principles- grantees-and-subgrantees. 15 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated --in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute --that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient , and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors . This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/lnteract-Minors.htm (Award condition: Determination of suitability required, in advance , for certain individuals who may interact with participating minors), and are incorporated by reference here. 16 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 agenc governin the nondisclosure of classified information . 43 SPECIAL CONDITIONS FOR FEDERAL AWARD 1 SPBJA-23-GG-02964-JAGX 1. In accepting this award, the recipient-- a . represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict ( or purport to prohibit or restrict) employees or contractors from reporting waste, fraud , or abuse as described above; and b . certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict ( or purport to prohibit or restrict), reporting of waste , fraud , or abuse as described above, it will immediately stop any further obligations of award funds , will provide prompt written notification to the federal agency making this award , and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2 . If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts , or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste , fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis , to support this representation ; and b . it certifies that , if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste , fraud, or abuse as described above , it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 17 Reclassification of various statutory provisions to a new Title 34 of the United States Code 44 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX 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. 18 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (0MB 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" (0MB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach , or the detection of an imminent breach . 19 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 . 20 All subawards "sub rants" must haves ecific federal authorization 45 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX 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 incor orated b reference here . 21 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 . 22 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient , and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons , whether on the part of recipients , subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp . gov/fu nding/Explore/ProhibitedCond uct-Trafficking . htm (Award condition : Prohibited conduct b reci ients and subreci ients related to traffickin 46 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 23 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 . 24 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. 25 uirements related to S stem for Award Mana ement and Universal Identifier 47 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX 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 reg istration 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 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. Certa i n 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 fa ll within the scope of these prohibitions , the reci ient is to contact OJP for guidance , and may not proceed without the 48 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX express prior written approval of OJP . 27 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. 28 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 th is training once during the period of performance for this award , or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights , task force performance measurement, personnel selection, and task force oversight and accountability . If award funds are used to support a task force , the recipient must compile and maintain a task force personnel roster , along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 29 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 49 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX 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. 30 Any written , visual, or audio publications funded in whole or in part under this award, with the exception of press releases , shall contain the following statements : "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance . The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs , which also includes the Bureau of Justice Statistics , the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime , and the SMART Office . Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S . Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. 31 Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e ., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance , Office of Justice Programs , U.S. Department of Justice. Neither the U.S . Department of Justice nor any of its components operate, control , are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies , and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page . On other pages , the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 32 Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Anal sis and Searching (https ://www.·ustice .gov/olp/pa e/file/1204386/ download , 50 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX and must collect and report the metrics identified in Section IX of that document to BJA. 33 The recipient agrees that no funds under this grant award (including via subcontract or subaward , at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned a ircraft veh icles (UAV), or for any accompanying accessories to support UAS . 34 Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act , recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs . Meaningful access may entail providing language assistance services , including oral and written translation when necessary. The U.S . Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep .gov. 35 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). 51 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX 36 Compliance with 28 C.F .R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F .R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable . Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may , at its discretion, perform audits of the system , as per the regulation. Should any violation of 28 C.F .R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. 37 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. 38 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the rovision of any information required for the assessment or evaluation of any activities within this project. 39 The recipient understands that, in accepting this award , the Authorized Representative declares and certifies , among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award . The recipient further understands, and agrees , that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. 52 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX 40 "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 . 41 Submiss ion 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 subrecip ient compliance). DOJ will give great weight to any such evidence in an express written determination re arding this condition. 53 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX 42 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act , and other related federal environmental impact analyses requirements in the use of these award funds , either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes . If it is determined that any of the following activities will be funded by the award , the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds . That is, as long as the activity is being conducted by the rec i pient, 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 i n 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 , recreat i onal , 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 Th is Condition to Recipient's Existing Programs or Activities : For 54 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX 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 . 43 Establishment of trust fund If award funds are being drawn down in advance , the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts , unless regulatory exclusions apply (2 C . F .R. 200 .305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds , including interest earned, must be returned to OJP at the time of closeout. 44 Certification of body armor "mandatory wear" policies , and compliance with NIJ standards If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases . This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed offic'trs while on duty . I Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or mode l, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab- resistant body armor purchased must be made in the United States and must be uniquely fitted , as set forth in 34 U.S.C . 10202(c)(1 )(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij .ojp .gov/ 55 SPECIAL CONDITIONS FOR FEDERAL AWARD 1 SPBJA-23-GG-02964-JAGX top ics/equipment-and-technology/body-armor 45 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. 46 If award funds are used for DNA testing of evidentiary materials , any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS ," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual . 47 Extreme risk protection programs funded by JAG must include, at a minimum : pre- deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States , including but not limited to the Bill of Rights , and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States , as applied to the States , and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include , at the appropriate phase to prevent any violation of constitutional rights , at minimum, notice, the right to an in-person hearing , an unbiased adjudicator, the right to know opposing evidence , the right to present evidence , and the right to confront adverse witnesses ; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State 's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States , including but ~r.,ot limited to the Bill of Rights , and the substantive and procedural due process rig ts guaranteed under the Fifth and Fourteenth Amendments to the Constitution of e United States , as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). 56 SPECIAL CONDITIONS FOR FEDERAL AWARD 15PBJA-23-GG-02964-JAGX The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum , prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable , vague, speculative , and lacking a foundation ; and penalties for abuse of the program . 48 Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award , including in the condition regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards," the requirements for the "Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs " and the requirements for the "Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs" do not apply to this award. 49 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 . 57