HomeMy WebLinkAbout05-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 05-20
File Number: 2019-0928
2019 JUSTICE ASSISTANCE GRANT (JAG) AWARD:
A RESOLUTION AUTHORIZE ACCEPTANCE OF A 2019 JUSTICE ASSISTANCE GRANT IN THE
TOTAL AMOUNT OF $134,915.56 WHICH WILL BE USED TO PAY A PORTION OF THE
SALARIES AND BENEFITS OF 4TH JUDICIAL DISTRICT DRUG TASK OFFICERS WITH THE
FAYETTEVILLE, SPRINGDALE, AND PRAIRIE GROVE POLICE DEPARTMENTS AND THE
WASHINGTON COUNTY SHERIFF'S OFFICE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of a
2019 Justice Assistance Grant in the amount of $134,915.56, which will be used to pay a portion of the
salaries and benefits of 4th Judicial District Drug Task Force Officers with the Fayetteville, Springdale,
and Prairie Grove Police Departments and the Washington County Sheriff's Office, and further authorizes
Mayor Jordan to execute the grant agreement and any other documents necessary to receive the funds.
PASSED and APPROVED on 1/7/2020
City of Fayetteville, Arkansas 113 West Mountain Street
_ Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0928
Agenda Date: 1/7/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 6
2019 JUSTICE ASSISTANCE GRANT (JAG) AWARD:
A RESOLUTION AUTHORIZE ACCEPTANCE OF A 2019 JUSTICE ASSISTANCE GRANT IN THE
TOTAL AMOUNT OF $134,915.56 WHICH WILL BE USED TO PAY A PORTION OF THE
SALARIES AND BENEFITS OF 4TH JUDICIAL DISTRICT DRUG TASK OFFICERS WITH THE
FAYETTEVILLE, SPRINGDALE, AND PRAIRIE GROVE POLICE DEPARTMENTS AND THE
WASHINGTON COUNTY SHERIFF'S OFFICE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of a 2019
Justice Assistance Grant in the amount of $134,915.56, which will be used to pay a portion of the salaries and
benefits of 4th Judicial District Drug Task Force Officers with the Fayetteville, Springdale, and Prairie Grove
Police Departments and the Washington County Sheriff's Office, and further authorizes Mayor Jordan to
execute the grant agreement and any other documents necessary to receive the funds.
City of Fayetteville, Arkansas Page 1 Printed on 11812020
City of Fayetteville Staff Review Form
2019-0928
Legistar File ID
1/7/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Mike Reynolds 12/18/2019 POLICE (200)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends acceptance of the FY2019 Justice Assistance Grant (JAG) award (#J20-004-19) for federal and
state funding of the 4th Judicial District Drug Task Force (DTF) in the amount of $134,915.56 and approval of the
corresponding grant documents.
Budget Impact:
2930.200.2960 -various Drug Enforcement
Account Number Fund
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$ 607,390.00
Funds Obligated
$ 493,692.73
Current Balance
�$113,697.27
Does item have a cost? NA
Item Cost
Budget Adjustment Attached? NA
Budget Adjustment
Remaining Budget
�� 113,697:27
Purchase Order Number:
V20180321
Previous Ordinance or Resolution #
Change Order Number:
Approval Date:
Original Contract Number:
Comments: Please sign with BLUE ink.
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 7, 2020
TO: Mayor and City Council ��,"'
FROM: Mike Reynolds, Chief of Police
DATE: December 17, 2019
CITY COUNCIL MEMO
SUBJECT: Acceptance of FY2019 Justice Assistance Grant (#J20-004-19) for Drug
Task Force Funding
RECOMMENDATION:
Staff recommends acceptance of the FY2019 Justice Assistance Grant (JAG) award
(#J2M04-19) for federal and state funding of the 4th Judicial District Drug Task Force (DTF) in
the amount of $134,915.56 and :approval of the corresponding grant documents.
BACKGROUND:
The Arkansas Department of Finance and Administration (ADF&A) has provided federal
and state grant funding to_the, City of Fayettevillejor multi: jurisdictional drug task force activities
since 1991. Participating law enforcement agericies include. Fayetteville, Springdale, Prairie
Grove, Farmington, Lincoln, Greenland, West Fork, Elm Springs, Tontitown, Goshen and
Washington County. The DTF Control Group consists of top law enforcement officials from
Fayetteville, Springdale, Prairie Grove, and Washington County. Fayetteville continues to
provide fiduciary oversight of this grant and provides a DTF Supervisor, three (3) DTF Officers,
and a DTF Secretary. Springdale provides four (4) DTF Officers and Washington County
provides a DTF Officer. Also, Prairie Grove provides a DTF Officer which represents the rural
agencies. At the beginning. of the -2019-2020 grant period (July 2019 -June 2020), ADF&A
awarded grant funding through the Arkansas State Drug Crime Enforcement and Prosecution
Grant Fund to the DTF in the amount of $91,318.50 in state funding and local match
requirement of $18,263.70.
DISCUSSION:
The 40' Judicial District DTF's total lrojected grant budget for the current grant period is
$616,495. ADF&A has awarded grant funding through the FY2019 Edward Byrne Memorial
JAG Program in the amount of $91,318.50and state funding in the amount of $43,597.06. To
receive these federal funds from the JAG Program, the 4'h DTF and member agencies must
commit to a local match of $18,263.70. In addition to the local match requirement, Fayetteville
has budgeted additional funds in its 2019 Annual Operating Budget to cover other non -grant
funded drug enforcement activity. Other member agencies also contribute additional funds to
support on-going drug enforcement activity. This JAG award brings the total grant funding in
support of the 4th DTF to $226,234.06 or approximately 37%.
Mailing Address:
113 W. Mountain Street www.fayettevlile-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
No impact on existing DTF budgets as grant revenue and expenses were incorporated in
both 2019 and 2020 annual operating budgets. This grant funding will have no impact on
current staffing levels.
Attachments:
FY2019 JAG Award Packet
gL.sT.t ,
r5'°n ARKANSAS DEPARTMENT OF
OFFICE OF INTERGOVERNMENTAL SERVICES
W '' k FINANCE AND ADMINISTRATION 1515 West Seventh Street, Suite 404
r
P.O. Box 8031
�+o Aa`'
Little Rock, Arkansas 72203-8031
Phone: (501) 682-1074
Fax: (501) 682-5206
htto://"w:state.at:us/dfa
JAG Fj. RSAT
CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.738 - Edward Byrne Memorial Justice Assistance Grant
❑ DCF LLEEG
Program
FEDERAL AWARD NUMBER: 2019 -DJ -BX -0027
FEDERAL AWARD DATE: 09/18/2019
1. SUBGRANTEE NAME AND ADDRESS (Including Zip Code)
6. SUBGRANT NUMBER: 120-004-19
Mr. Lioneld Jordan, Mayor
41^ JD /City of Fayetteville Drug Task Force (DTF)
7. START DATE: July 1, 2019
113 West Mountain Street
END DATE: -June 30, 2020
Fayetteville, AR 72701
8. AWARD DATE: January 2, 2020
2. FEDERAL IDENTIFICATION NUMBER/DUNS:
075657742
91 ACTION::.
initial
Fx]
3. MODIFICATION EFFECTIVE DATE:
Modification
4. MODIFICATION AMOUNT $
10. AWARD AMOUNT: $ 153,179.27
FEDERAL AMOUNT: $
FEDERAL AMOUNT: $ 91,318.50
STATE AMOUNT: $
STATE AMOUNT: $ 43,597.06
LOCAL MATCH: $
LOCAL MATCH: $ 18,263.70
No Indirect Rate Cost
5. PROJECT DESCRIPTION
Identify arrest and prosecute individuals who are manufacturing, selling, or transporting drugs in or through the program's
jurisdictional area of operations. This subaward is not an R&D.
11. SPECIAL CONDITIONS (Check if applicable)
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH
CONDITIONS OR LIMITATIONS AS SET FORTH IN IT'S APPLICATION AND ALL
X CERTIFICATIONS, ASSURANCES AND SPECIAL CONDITIONS PREVIOUSLY AGREED TO.
This project is supported under Statutory Authority: FYI9(BJA
-JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34
U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151
- 10158); see also 28 U.S.C. 530C(a).
rE 0 -AI. s. .
12. TYPED NAME AND TITLE OF APPROVING IGS OFFICIAL
15. TYPED NAME AND TITLE OF AUTHORIZED SUBGRANTEE OFFICIAL
Autumn Hemphill, Statewide Program Manager
Lioneld Jordan, Mayor
Intergovernmental Services
1D/City of Fayetteville Drug Task Force (DTF)
13. SIGNATURE OF APPROVING OFFICIAL
14. DATE:
16.,,WANTURE qf AUTHORIZED O FICIAL
a
17. DATE:
2OA0
Award Document JAG12062019 (1019 -DJ -BX -0027)
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OMB Number: 4040-0004
Expiration Date: 10/31/2019
r Federal Assistance SF -424
ssion:
FPreapplication
❑ Changed/Corrected Application
" 2. Type of Application: ' If Revision, select appropriate letteris):
® Newppn ❑ Continuation ' Other (Specify):
Revision
' 3. Date Received: 4.Appiirant Identifier:
i
5a. Federal Entity Identifier:
5b. Federal Award Identifier:
State Use Only:
6. Date Received by State:
7. Slate Application Identifier:
8. APPLICANT INFORMATION:
'a. Legal Name: City of Fayetteville, Arkansas
' b. Employerfraxpayer Identification Number (EINM. N):
' c. Organizational DUNS:
0756577420000
71-6018462
d. Address:
" Streetl: 113 West Mountain Street
Streetl:
17 -
" City: £ayett:eville
County/Parish:
' State:
Province:
'Country:
AR: Arkansas
USA: UNITED STATES
' ZJp / Postal Code: 72701-6059
e. Organizational Unit:
Department Name:
Division Name:
Drug Enforcement
Police
f. Name and contact Information of person to be contacted on matters involving this application:
Prefix: • First Name:
Middle Name:
" Last Name: fie•aman
Willie
Suffix:
Title: lFiscal Officer
Organizational Affiliation:
4th Judicial District Drug Task Force
' Telephone Number: 479-567-3581
Fax Number.
"Email: r:newman8fayetteville-ar.gov
Application for Federal Assistance SF-424
" 9. Type of Applicant 1: Select Applicant Type:
: City or Township Government
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
Other (specify):
10. Name of Federal Agency:
EIS Department of Justice, Office of Justice Program, Bureau
11. Catalog of Federal Domestic Assistance Number:
16.738
CFDA Title:
Edward Byrne Memorial Justice Assistance Grant (JAG)
" 12. Funding Opportunity Number:
Solicitation FY2019
"Title:
Edward Byrne Memorial Justice Assistance Grant (JAG) Program: FY2019
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.): }
15. Descriptive Title of Applicant's Project:
Taw Enforcement/Drug Task Force (Arkansas)
Attach supporting documents as specified in agency instructions.
Application for Federal Assistance SF -424
16. Congressional Districts Of:
a. Applicant 3rd ' b. Program/ProJect 3rd
Attach an additional list of Program/Project Congressional Districts If needed.
17. Proposed Project:
"a. Start Date: 07/01/2019 ' b. End Date: 06/30/2020
18. Estimated Funding ($):
" a. Federal
' b. Applicant
c. State
" d. Local
" e. Other
"f. Program Income
"g. TOTAL
91,318.50
�— 0.0o
F— 43,597.06
18, 263.76
0.00
0.00
153,179.26
" 19. Is Application Subject to Review By State Under Executive Order 12372 Process?
® a. This application was made available to the State under the Executive Order 12372 Process for review on E7172/17/2019
b. Program is subject to E.O. 12372 but has not been selected by the State for review.
❑ c. Program is not covered by E.O. 12372.
" 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.)
Yes ® No
If "Yes", provide explanation and attach
21. "By signing this application, I certify (1) to the statements contained In the list of certifications"" and (2) that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances"" and agree to
comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may
subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001)
® "I AGREE
"' The list of certifications and assurances, or an internet site where you may obtain this list, is contained iri the announcement or agency
specific instructions.
Authorized Representative:
Prefix: I I " First Name:
Middle Name:
"Last Name: Jordan
Suffix:
" Title: f Mayor
Telephone Number: 479-575-8330 Fax Number:
'Email: gLayor@fayetteville-ar.gov r� t�
'Signature of Authorized Representative: /`��� "Date Signed: "" I d
OMB Number: 4040-0007
Expiration Date: 01/31/2019
ASSURANCES - NON -CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND
IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.
If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1,. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C.§§1681-
1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42 U.
S.C. §§6101-6107), which prohibits discrimination on
the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
Abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290
ee- 3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the Civil
Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and, (j) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
Will comply, or has already complied, with the
requirements of Titles 11 and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally -assisted programs. These requirements
apply to all interests in real property acquired for
project purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole
or in part with Federal funds.
Previous Edition Usable Standard Form 424B (Rev. 7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
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
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).
12. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
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 et 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, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non -Profit
Organizations."
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
19. Will comply with the requirements of Section 106(g) of
the Trafficking Victims Protection Act (TVPA) of 2000, as
amended (22 U.S.C. 7104) which prohibits grant award
recipients or a sub -recipient from (1) Engaging in severe
forms of trafficking in persons during the period of time
that the award is in effect (2) Procuring a commercial
sex act during the period of time that the award is in
effect or (3) Using forced labor in the performance of the
award or subawards under the award.
SIGNATUR F AUTHOAIZE6 CERTIFYIqG OFFICIAL
TITLE
71
afayot
APPLICANT ORGAN T N
DATE SUBMITTED
City of Fayette1E, Arkansas
IL Q
Standard Form 424B (Rev. 7-97) Back
EXPIRES 5/31/2019
STANDARD 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. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial
capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper
planning, management, and completion of the project described in this application.
2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or personal gain.
3. It will give the awarding agency or the Government Accountability Office, through any authorized
representative, access to and the right to examine all paper or electronic records related to the financial assistance.
4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any
applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in
2 C.F.R. § 175.15(b).
5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National
Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic
properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.), and the
National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
6. It will comply (and will require any subrecipients or contractors to comply) with any applicable
nondiscrimination provisions, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §10604(e)); the Juvenile Justice and Delinquency
Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Violence Against Women Act (42 U.S.C. § 13925(b)(13)); the
Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301-1303); the
Rehabilitation Act of 1973 (29 U.S.C. § 794); the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-
34); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 1685-86); and the Age Discrimination Act of
1975 (42 U.S.C. §§ 6101-07). It will also comply with Ex. Order 13279, Equal Protection of the Laws for Faith -
Based and Community Organizations; Executive Order 13559, Fundamental Principles and Policymaking Criteria
for Partnerships With Faith -Based and Other Neighborhood Organizations; and the DOJ implementing regulations
at 28 C.F.R. Part 38.
7. If a governmental entity—
a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (42 U.S.C.§ 4601 et seq.), which govern the treatment of persons displaced as a result of
federal and federally -assisted programs; and
b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain political
activities ofYle
a or local govWment employees whose principal employment is in connection with an activity
financed in or in n rt by federal assistance.
i
r0�` . 1
IN 9 Offif ia 1 Date
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 CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department of agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certificaiton, such prospective participant shall attach an explanation to this proposal.
Lione d Jordan, Mayor
Name and T' le of Auth riz d Repres ntative
Sig&furel Date
City of Fayetteville, Arkansas
Name of Organization
113 West Mountain Street, Fayetteville, AR 72701
Address of Organization
OJP FORM 4061/1 (REV. 2/89) Previous editions are obsolete
Instructions for Certification
1. By signing and submitting this proposal, the prosective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certificaiton, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transction," "debarred," "suspended," "ineligible," 'lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposes," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of
rules implementing Executive Order 12549. .
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with
a person who is debared, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —
Lower Tier Covered Transaction," without modification in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may check the
Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
reports in order to render in good faith the certification requred by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
r' U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
''.; OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro-curement) and
Government -wide Requirements for Drug -Free Workplace (Grants):' The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 28 CFR Part 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at
28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in-
fluencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or at-
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(c) The undersigned shall require that the language of this cer-
tification be included in the award documents for all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Part 67, for prospec-
tive participants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.510—
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debar-
ment, declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department
or agency;
(b) Have not within a three-year period preceding this applica-
tion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes
or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this applica-
tion had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620—
A. The applicant certifies that it will or will continue to provide
a drug-free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to
inform employees about—
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state-
ment required by paragraph (a);
(d) Notifying the employee in the statement required by para-
graph (a) that, as a condition of employment under the grant,
the employee will—
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 406112,4061/3 AND 4061/4 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring In the workplace
no later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such convic-tion.
Employers of convicted employees must provide notice, including*
position title, to: Department of Justice, Office of '
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue,
N.W., Washington, D.C. 20531. Notice shall include the iden-
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 through 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 that a grantee that
is a State may elect to make one certification in each Federal
fiscal year. A copy of which should be Included with each ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
Check ❑ 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 certify that I will not engage
in the unlawful manufacture, distribution, dispensing, posses-
sion, or use of a controlled substance in conducting any
activity with the grant; and
B. If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, I
will report the conviction, In writing, within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
Edward Byme Memorial Justice Assistance 71-6018461
Grant (JAG) Program: FY2019
Solicitation FY2O19
4. Typed Name and Title of Au orized Repre n ive
Lioneld Jordan
Mayor
-_____. - 9- aoao
5. Signature V 6. Date
'U.S. Gwemment Pdn0n00fftw: 1996 - 405437140014
CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three. If recipient
connpletes Section A or•C and sub--aranis a sinkyle award over $500.000, in addition. Blease complete Section D.
Recipient's Name: City of Fayetteville, Arkansas
Address: 113 West Mountain Street Fayetteville, AR 72701
Is agency a• ❑ Direct or Do Sub recipient of OJP OVW or COPS funding? Law Enforcement Agency? a4 Yes ❑ No
DUNS Number: 0756577420000 1 Vendor Number(only if direct recipient)
Name and Title of Contact Person: Willie Newman
Tele hone Number: 479-587-3581
E -Mail Address: wnewman fa etteville-ar. ov
Section A—Declaration Claiming Complete Exemption from the EEOP Requirement
Please check all the following boxes that apply.
o Less than fifty employees. ❑ Indian Tribe ❑ Medical Institution.
o Nonprofit Organization ❑ Educational Institution ❑ Receiving a single award(s) less than $25,000.
I, [responsible
ofcian, 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.
Ifrecipient sub -grants a single award over $500,000, in addition, please complete Section D
Print or T e Name and Title Signature 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 than $500,000, then
the recipient agency does not have to submit an ESOP to the OCR for review as long as it certifies the following (42 C F.R. § 42.305):
I, Lioneld Jordan [responsible
official], certify that City of Fayetteville, Arkansas
[recipient], which has fifty or more employees and is receiving a single award or subaward for $25,000 or more, but less
than $500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last
twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable
federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for
Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office:
City of Fayetteville, Arkansas Human Resources Division
[organization],
113 West Mountain Street, Fa ett ille, Arka a 72701
[address].
Lioneld Jordan, Mayor
Print or Ty e Name and Title ature Date
Section C— Declaration Stating that an EEOt S ort Form Has Been Submitted to the Office for Civil
Rights for Review
If a recipient agency has fifty or more employees and is receiving a single award, or subaward, of $500,000 or more, then the recipient agency
must send an EEOP Short Form to the OCR for review.
I, [responsible
official], certify that
[recipient], which has fifty or more employees and is receiving a single award of $500,000 or more, has formulated an
EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on
[date] to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice.
If recipient sub -grants a single award over $500,000, in addition, please complete Section D
Print or T)y7e Name and Title Signature Date
Section D—Declaration Stating that Recipient Subawards a Single Award Over $500,000
Ifa recipient agency, subawards a single award of $500,000 or more then the granting agency should provide a list; including, name, address
and DUNS # of each such sub -recipient.
IM
—J 1
If additional space in necessary, please duplicate this page. I
OMB Control No. 1121-0340 Expiration Date: 12/31/2015
INSTRUCTIONS
Completing the Certification Form
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
The federal regulations implementing the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as
amended, require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's
administrative provisions to create, keep on file, submit to the Office for Civil Rights (OCR) at the Office of Justice
Programs (OJP) for review, and implement an Equal Employment Opportunity Plan (ESOP). See 28 C.F.R. pt. 42, subpt.
E. All awards from the Office of Community Oriented Policing Services (COPS) are subject to the EEOP requirements;
many awards from OJP, including awards from the Bureau of Justice Assistance (BJA), the Office of Juvenile Justice and
Delinquency Prevention (OJJDP), and the Office for Victims of Crime (OVC) are subject to the EEOP requirements; and
many awards from the Office on Violence Against Women (OVW) are also subject to the EEOP requirements. If you
have any questions as to whether your award from the U.S. Department of Justice is subject to the Safe Streets Act's
EEOP requirements, please consult your grant award document, your program manager, or the OCR-
Recipients
CRRecipients should complete either Section A or Section B or Section C, not all three. If recipient completes Section
A or C and sub -grants a single award over $500,000, in addition, please complete Section D.
Section A
The regulations exempt some recipients from all of the EEOP requirements. Your organization may claim an exemption
from all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization, an educational
institution, a medical institution, or an Indian tribe; or it received an award under $25,000; or it has less than fifty
employees. To claim the complete exemption from the EEOP requirements, complete Section A.
Section B
Although the regulations require some recipients to create, maintain on file, and implement an EEOP, the regulations
allow some recipients to forego submitting the EEOP to the OCR for review. Recipients that (1) are a unit of state or local
government, an agency of state or local government, or a private business; and (2) have fifty or more employees; and (3)
have received a single grant award of $25,000 or more, but less than $500,000, may claim the limited exemption from the
submission requirement by completing Section B. In completing Section B, the recipient should note that the EEOP on
file has been prepared within twenty-four months of the date of the most recent grant award.
Section C
Recipients that (1) are a unit of state or local government, an agency of state or local government, or a private business,
and (2) have fifty or more employees, and (3) have received a single grant award of $500,000 or more, must prepare,
maintain on file, submit to the OCR for review, and implement an EEOP. Recipients that have submitted an EEOP
Utilization Report (or in the process of submitting one) to the OCR, should complete Section C.
Section D
Recipients that (1) receive a single award over $500,000; and (2) subaward a single award of $500,000 or more must
provide a list; including, name, address and DUNS # of each such sub -recipient by completing Section D.
Submission Process
Recipients should download the online Certification Form, complete required sections, have the appropriate official sign
it, electronically scan the signed document, and then send the signed document to the following e-mail address:
EEOPForms@usdoj.gov. The document must have the following title: EEOP Certification. If you have questions about
completing or submitting the Certification Form, please contact the Office for Civil Rights, Office of Justice Programs,
810 7th Street, NW, Washington, DC 20531 (Telephone: (202) 307-0690 and TTY: (202) 307-2027).
OMB Approval No. 1121-0340 Expiration Date: 12/31/15
Public Reporting Burden Statement
Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond to a collection
of information unless it displays a current valid OMB control number. We try to create forms and instructions that are
accurate, can be easily understood, and which impose the least possible burden on you to provide us with information.
The estimated minimum average time to complete and file this application is 20 minutes per form. If you have any
comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the
Office of Justice Programs, 810 7th Street, N.W., Washington, D.C. 20531.
BJA-2018-13625 52 (REQUIREMENT)
Appendix A
Information regarding Communication with the Department of Homeland Security
(DHS) and/or Immigration and Customs Enforcement (ICE)
JAG subrecipients must provide responses to the following questions below and submit as
an attachment to DFA -IGS:
QUESTION(S)
RESPONSE(S)
(1) Does your jurisdiction have any laws, policies, or
No
practices related to whether, when, or how
employees may communicate with DHS or ICE?
(2) Is your jurisdiction subject to any laws from a
No
superior political entity (e.g., a state law that binds a
city) that meet the description in question 1?
(3) If yes to either: • Please provide a copy of each
Click here to enter text,
law or policy;
• Please describe each practice; and
• Please explain how the law, policy, or practice
complies with section 1373.
(Attach Addltlonal Sheets If Necessary)
(Signat e o Authorized Official)
----7
Lioneld Jordan
(Print Name)
City of.Fayettev111e; Arkansas
(Applicant Name)
I L a001 1
(Date)
Mayor.
(Title)
Note: Responses to these questions must be provided by the applicant to BJA as part of the JAG application.
Further, the requirement to provide this information applies to all tiers of JAG funding, for all subawards made
to state or local government entities, including public institutions of higher education. All subrecipient
responses must be collected and maintained by the direct recipient of JAG funding and must be made available
to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal
government/organization, a nonprofit organization, or a private institution of higher education.
�n srAr STATEOFARKANSAS
Y Department of Finance
and Administration
OFFICE OF INTERGOVERNMENTAL SERVICES
1515 West Seventh Street, Suite 400
Post Office Box 8031
Little Rock, Arkansas 72203-8031
Phone: (501) 682-1074
Fiiz: (501) 68275206
.http:l/wwwclfa,arltaYlsas gciw
AO GENERALTERf S AND SPECIAL SUBGRANT CONDITIONS
Initials
The applicant assures that federal funds made available under the Edward Byrne Memorial Justice
Assistance Grant (JAG) Program will not be used to supplant state and local funds, but will be used
to increase the amount of funds that would, in the absence of federal funds, be made available for
the activities of this project.
The subrecipient shall ensure that federal and/or state matching funds are used to supplement
existing funds for program activities and must not replace those funds that have been appropriated
for the same purpose. Federal and/or state matching funds made available under this grant will be
used to increase the amount of funds that would, in the absence of federal and/or state matching
funds, be made available for law enforcement activities. If there is a potential presence of
supplanting, the subrecipient will supply documentation demonstrating that the reduction in non -
Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds.
For example, no maintenance and operation costs previously funded by a state, city or
county government may be supported with Drug Crime Fund and/or state matching funds.
Any federal and/or state matching funds budgeted to supplement existing state and/or
local funds due to increased maintenance and operation costs (e.g. fuel, utilities, etc.) shall
not be used until all state and/or local funds budgeted for those costs are exhausted.
The applicant assures that fund accounting, auditing, monitoring, and evaluation procedures as may
be necessary to keep such records as the Department of Justice and the Department of Finance and
Administration shall be provided to assure fiscal control, proper management, and effective
disbursement/reimbursement of funds received under this sub award.
The applicant assures that it will maintain an appropriate grant administration system to ensure that
all terms, conditions and specifications of the grant, including these assurances, are met.
The applicant assures that it will comply with the O1P Financial Guide in its administration of the
grant. The OJP Financial Guide can be accessed online at http:/Iwww.oip.usdoi.itoy/fihan4tigIgUidg
The applicant assures that it shall maintain such data and information and submit such reports in
such form, at such times, and containing such data and information as the as the Department of
Justice and the Department of Finance and Administration may require.
The applicant agrees to use the grant and matching funds only for the purposes stated in this
application. Additionally, the applicant agrees that any grant and matching funds approved for
personnel for this project will be based on the percent of time the personnel actually devote to the
project.
JAG 2019 -DJ -BX -0027
1 OF S
STATE OF ARKANSAS OFFICE OF INTERGOVERNMENTAL SERVICES
1515 West Seventh Street, Suite 400
Post Office Box 8031
Department of Finance
Department Little Rock, Arkansas 72203-8031
it Phone: (501) 682-1074
and Administration Fax (501);682-5206
1tt �Wwww dfa atkansas.90y.
The applicant assures that in the event a federal/state court or federal/state administrative agency
makes a finding of discrimination after a due process hearing on the grounds of race, color, religion,
national origin or sex against a recipient of funds, the recipient will forward a copy of the finding to
the Office of Justice Programs, Office of Civil Rights Compliance (OCRC) and the Arkansas
Department of Finance and Administration, Office of Intergovernmental Services.
The applicant assures that if it is required to formulate an Equal Employment Opportunity Program
(EEOP) in accordance with 28 CFR 42.301, et. seq., it should submit a certification to the state that it
has a current EEOP on file which meets the requirements therein.
The applicant assures that it will comply with the provisions of 28 CFR applicable to grants and
cooperative agreements including Part II, Applicability of Office of Management and Budget
Circulars; Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems;
Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal
Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice
Programs and Activities; Part 42, Nondiscrimination Equal Employment Opportunity Policies and
Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; and Part
63, Floodplain Management and Wetland Protection Procedures.
The applicant assures that in addition to all other audit requirements, it will allow the Division of
Legislative Audit or any other independent or internal auditors of the Department of Finance and
Administration to have access to the applicant's records and financial statements;
(A) as may be necessary for the Department of Finance and Administration to comply with
the 1996 Single Audit Act Amendments and Office of Management and Budget (OMB)
Circular A-133, and other rules and/or regulations governing financial accounting and
auditing guidelines, principles, and procedures; and
(B) as may be requested by the Department of Finance and Administration to comply with
any State or local government rules and/or regulations.
The applicant assures that it will fully participate in the compilation of statistical information as
required by state agencies, i.e., providing complete finger print arrest information.
The applicant assures that both federal, state, and matching funds used for this project will be used
exclusively to support defined Edward Byrne Memorial Justice Assistance Grant (JAG) Program
activities, and will not be used to support any general purpose law enforcement or other activity
maintained by the applicant.
JAG 2019 -DJ -BX -0027
20F5
STATE OF ARKANSAS OFFICE OF 191'ERGOVERTOADOAL SERVICES
c4 wr•�,o F
�; • °^ 1515 West Seventh Street, Suite 400
Post Office Box 8031
Department of Finance
r i Little Rock, Arkansas 72203-8031
Phone (501) 682-1074
and Administration Fsx (501) 682-5206
httR://wvlwAfa.arkansas: oM
The applicant assures that if the grant funds are used to support a Task Force, the Task Force Board
of Directors or'Control Group' will hold regularly scheduled meetings every two (2) months, and will
provide DFA -IGS and the State Drug Director with copies of the agenda and minutes of each meeting.
The applicant assures that if the grant funds are used to support a Task Force, appropriate and
adequate staffing would be maintained for the duration of the project period. For efficiency in
project implementation, the State Drug Director's Office highly recommend that appropriate staff
include a full-time Drug Task Force Commander (certified law enforcement officer) and a Fiscal
Officer regardless if funds are used to pay salaries.
The applicant assures that if grant funds are used to support a Task Force, the Task Force
Administrator/Director/Commander and the Board of Directors will develop and/or maintain a
detailed policy and procedures manual for the guidance of task force operations. Copies of the Policy
and Procedures Manual as well as updates and revisions shall be forwarded to DFA -IGS and the State
Drug Director's Office. (Updates and Revisions shall be submitted when occurred.)
The applicant assures that all proposals for out of state travel for conference and training will be
submitted for approval prior to any expense being incurred.
If Drug Crime Funds are awarded, the sub -recipient must comply with Act 1086 of 2007: The State
Drug Crime Enforcement and Prosecution Grant Fund
.http.//www.arkieg.state. a r. u s/assem bly/2067/R/Acts%Act1086. pdf
If applicable, the sub -recipient agrees to prepare and submit an Inventory Report for equipment
purchased with federal, state, and/or local matching funds with the 15' Quarterly Report. (Updates
to Inventory Reporting shall be submitted with quarterly reports.)
The sub -recipient agrees to prepare and submit a Monthly Request for Reimbursement Form (with
copies of invoices, cancelled checks, and other documentation of expenditures by line item) by the
15« day of each month following the month for which subgrant expenditures were paid. A
supporting document(s) (Excel Spreadsheet) reporting the allocation of subgrant expenditures
between federal, state and/or local funds shall accompany each Request for Reimbursement.
Reimbursement requests must be timely. Documentation must be appropriate, legible, and
accurate. Sub -recipients are required to submit requests monthly, even if the request is zero. Failure
to submit monthly reimbursement requests in a timely manner may impose additional special
conditions. Please note and acknowledge the additional items below.
JAG 2019 -DJ -BX -0027
a. Grant funds will be used only in accordance with the approved
budget. Expenditures incurred or made outside the approved budget
line items/categories will be disallowed.
b. All lease agreements (i.e. vehicle, storage, office space, and/or rental)
must be submitted to DFA -IGS for the file within 60 days of the award
date.
c. Preapproval is required for out of state travel. Prior to travel, sub -
recipient must submit an out-of-state travel request form to IGS for
approval no later than 30 days before the travel. IGS will provide the
30F5
eau s'1r STATE OFARKANSAS OFFICE OF INTERGOVERNMagrAL,SERVICES
1515 West Seventh Street, Suite 400
Department of Finance Post Office Box 8031
P Little Rock, Arkansas 72203-8031
Phone: (501) 682-1074
a� and Administration Fax: (501)682-5200.
http:llwww;:dfa.arkat�sas.gov
standard form to use. Expense incurred for out of state travel that is
not pre -approved by IGS will be disallowed.
d. Uniform allowance is limited to the purchase of standard officer
uniform, hazardous material uniform and necessary hazmat
accessories. Undercover officers may not use the uniform allowance
to purchase plain clothes.
e. Lease cost for vehicles may not exceed $600 per month per vehicle.
f. Health Insurance premiums and retirement benefits are limited to
the maximums paid by the State of Arkansas for its employees. At the
time of this award, health insurance maximum is $450 and
retirement maximum rate is 15.32%
g. The purchase of weapons, lethal or non -lethal, and ammunition for
those weapons is an unallowable expense.
h. The purchase of drug interdiction canine is unallowable.
L The use and fund of "Buy Money" is an unallowable cost under this
award.
j. Before unique purchases, review federal/state solicitations and be
aware of other unallowable items or items that require special
conditions for approval.
The sub -recipient agrees to prepare and submit Quarterly Reports by the 1011 of the month following
the end of a quarter. Report due dates are October 10th, January 10th, April 10th, and July 10th. Sub -
recipient must utilize the Accountability Measures Quarterly Report Tool when submitting quarterly
reports. Failure to submit quarterly reports in a timely manner may result in suspension of funds.
The sub -recipient agrees to prepare and submit Monthly Reports by the 10th of each month to both
DFA -ICES and the State Drug Director's Office. Monthly Reports are to be submitted in an excel format
utilizing DFA -IGS Reporting Tool #f2. Failure to submit quarterly reports in a timely manner may
result in suspension of funds.
Budget Modifications/Revision Requests must be submitted by the 10th of the month in order for
them to be considered for expenditures made during that month. Budget revisions will not be
accepted during the last month of the grant period absent extraordinary circumstances. Sub -
recipient may request modification of the approved budget to reallocate funds between existing
categories. Requests for the addition of new budget categories or line items may not be approved.
The final budget request modification/revision must be submitted no later than May 10th. DFA -IGS
will only accept four (4) budget modifications request during the awarded project period. This does
not include the initial budget modification which is due within 45 days of the Award Date.
The subrecipient agrees to submit within thirty (30) days of the end of the grant period a Cumulative
Financial Report and Annual Narrative Report "MARKED FINAL." Reimbursement requests not
submitted by ninety days past the final day of the grant period will be denied payment subject
extraordinary circumstances. Absent such circumstances, the federal and/or state funds will be de -
obligated from the subaward.
JAG 2019 -DJ -BX -0027
40F5
STATE OFARKANSAS OFFICE OF IN I ERGOVERNMENTAL SL VICES
1515 West Seventh Street, Suite 400
Post office Box 8031
Department of Finance
Little Rock, Arkansas 72220303 -8031
4 Phone: (501)682-1074
and Administration Fax: (501) 682-5206
11ttp://Nvww.dfa.arlcansas. ov
The sub -recipient agrees to provide notification to IGS of all changes made to the General Project
Information, i.e. contact information -name, address, telephone, fax, e-mail, etc. and changes made
to authorized officials and/or staffing. The sub -recipient will assure that DFA -IGS has complete and
correct contact information for the Contract Official for the grant, the DTF Director/Commander,
and the Fiscal Officer. Changes in contact information will include physical address, phone, fax and
e-mail information as well as updated Memorandum of Understanding. Replacement or changes of
DTF officers/staff who are paid directly by the grant or whose salary is used in whole or in part as
match to the grant must also be reported the DFA -IGS.
The sub -recipient agrees to attend any required DFA -IGS sponsored trainings/meetings as deemed
necessary as well as other local trainings/meetings.
The sub -recipient understands that prior written approval is required for subgrant expenditures
from federal and/or state funds budgeted in equipment and travel and training line items. The
subrecipient shall submit to IGS a written request to purchase small equipment items not approved
in the initial budget and submit a written request for use of funds for out-of-state travel and training.
Federal and/or state funds budgeted for these purposes shall neither be obligated nor expended
until approved by IGS and/or the Law Enforcement Committee. All approvals will be transmitted in
written form to the subrecipient.
The sub -recipient understands that should it fail to comply with the Federal Award Special
Conditions and State Terms and Conditions of this subaward, including civil rights requirements,
whether stated in a Federal or State statute, regulation, assurance, application, or notice of award,
IGS may take one or more of the following actions, as appropriate in the circumstances: (1)
temporarily withhold cash payments pending correction of the deficiency by the recipient; (2)
disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance; (3) wholly or partly suspend or terminate the current
award; (4) withhold further awards for the project or program and (5) take other remedies that may
be legally available.
I Official)
' Tioneld lardan
(Print Name)
(Signature of Fiscal Officer)
JAG 2019 -DJ -BX -0027
Willie Newman
(Print Name)
5OF5
(Date)
Fiscal 0 icer
(Title)
U.S. Department of Justice PROJECT NUMBER
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Bureau of Justice Assistance AWARD DATE
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SPECIAL CONDITIONS
1. Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or
certifications submitted by or on behalf of the recipient that relate to conduct during the period of
performance also is a material requirement of this award. By signing and accepting this award on behalf of the
recipient, the authorized recipient official accepts all material requirements of the award, and specifically
adopts all such assurances or certifications as if personally executed by the authorized recipient official.
Failure to comply with any one or more of these award requirements -- whether a condition set out in full
below, a condition incorporated by reference below, or an assurance or certification related to conduct during
the award period -
- may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient
and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or
terminate the award. The U.S. Department of Justice ("DOJ"), including OJP, also may take other legal action
as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or
concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18
U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and
administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that
provision shall first be applied with a limited construction so as to give it the maximum effect permitted by
law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be
deemed severable from this award.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as
adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements")
apply to this FY 2019 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 award
supplements funds previously awarded by ON under the same award number (e.g., funds awarded during or
before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award
number (regardless of the award date, and regardless of whether derived from the initial award or a
supplemental award) that are obligated on or after the acceptance date of this FY 2019 award.
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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:Hojp.gov/funding/Part2000niformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient
("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the
final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and
any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement
information, in addition to the financial records, supporting documents, statistical records, and other
pertinent records indicated at 2 C.F.R. 200.333.
In the event that an award -related question arises from documents or other materials prepared or distributed
by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform
Requirements, the recipient is to contact OJP promptly for clarification.
3. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP
website (currently, the "DOJ Grants Financial Guide" available at
https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the
period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
4. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were
editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law
Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards
(that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of
the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has
been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as
reclassified to Title 34. This rule of construction specifically includes references set out in award conditions,
references set out in material incorporated by reference through award conditions, and references set out in
other award requirements.
5. Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have
successfully completed an "OJP financial management and grant administration training" by 120 days afterthe
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date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1,
2017, will satisfy this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new
POC or FPOC must have successfully completed an "OJP financial management and grant administration
training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in
the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a
new FPOC). Successful completion of such a training on or after January 1, 2017, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this
condition include a session on grant fraud prevention and detection
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails
to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional
appropriate conditions on this award. NSA
6. Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de
minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect
cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated
requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified
total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
7. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award
of federal funds during the period of performance for this award, the recipient promptly must determine
whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in
part) for one or more of the identical cost items for which funds are provided under this award. If so, the
recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the
potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or
change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding.
8. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration
with SAM, as well as maintaining the currency of information in SAM.
OJP FORM 4000/2 (REV. 4-88)
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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:Hojp.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).
9. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must --
A. Ensure that, as part of the hiring process for any position within the United States that is or will be
funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the
employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C.
1324a(a)(1) and (2).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in
activities under this award of both --
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in
the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of
the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C.
1324a(a)(1) and (2).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform
Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this
award condition in accordance with Form 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.
Allowable costs
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To the extent that such costs are not reimbursed under any other federal program, award funds may be
obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance
with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically
includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will
be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with
award funds.
Employment eligibility confirmation with E -Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,
the recipient (or any subrecipient) may choose to participate in, and use, E -Verify (www.e-verify.gov),
provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify
(and follows the proper E -Verify procedures, including in the event of a "Tentative Nonconfirmation" or a
"Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States
that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of
the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at
any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or
nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.13., shall be understood to relieve any recipient, any
subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8
U.S.C. 1324a(a)(1) and (2).
Questions about E -Verify should be directed to DHS. For more information about E -Verify visit the E -Verify
website (https://www.e-verify.gov/) or email E -Verify at E-Verify@dhs.gov. E -Verify employer agents can
email E- Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
10. Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the
event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses,
processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (I'll)"
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(2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal
information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to
report actual or imminent breach of PH to an OJP Program Manager no later than 24 hours after an occurrence
of an actual breach, or the detection of an imminent breach.
11. All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https:Hojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants")
must have specific federal authorization) and are incorporated by reference here.
12. Specific post -award approval required to use a noncompetitive approach in any procurement contract
that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
to obtain specific advance approval to use a noncompetitive approach in any procurement contract that
would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements
that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract"
(and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement
contract under an OJP award are posted on the OJP web site at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award
approval required to use a noncompetitive approach in a procurement contract (if contract would exceed
$250,000)) and are incorporated by reference here.
13. Unreasonable restrictions on competition under the award; association with federal government
SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole
or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the
dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal
instrument used. The provisions of this condition must be among those included in any subaward (at any tier).
1. No discrimination, in procurement transactions, against associates of the federal government
Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring
awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended
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and associated programs are implemented in full accordance with U.S. statutory and public policy
requirements") and 200.319(a) (generally requiring "[a]II procurement transactions [to] be conducted in a
manner providing full and open competition" and forbidding practices "restrictive of competition," such as
"[p]lacing unreasonable requirements on firms in order forthem to qualify to do business" and taking "[a]ny
arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any
procurement transaction) discriminate against any person or entity on the basis of such person or entity's
status as an "associate of the federal government" (or on the basis of such person or entity's status as a
parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as
specifically authorized by USDO1.
2. Monitoring
The recipient's mopitoring responsibilities include monitoring of subrecipient compliance with this condition.
Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds maybe
obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance
with this condition.
4. Rules of construction
A. The term "associate of the federal government" means any person or entity engaged or employed (in
the past or at present) by or on behalf of the federal government -- as an employee, contractor or
subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking
any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the
federal government, and includes any applicant for such employment or engagement, and any person or
entity committed by legal instrument to undertake any such work, project, or activity (or to provide such
goods or services) in future.
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at
any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or
nondiscrimination law.
14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting
requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
(including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of
persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes
of this condition) as "employees" of the recipient or of any subrecipient.
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The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are
posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award
condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including
reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
15. Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by
DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an
associated federal statute — that a purpose of some or all of the activities to be carried out under the award
(whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain
individuals may interact with participating minors. This requirement applies regardless of an individual's
employment status.
The details of this requirement are posted on the OJP web site at https:Hojp.gov/funding/Explore/Interact-
Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who
may interact with participating minors) and are incorporated by reference here.
16. Compliance with applicable rules regarding approval, planning, and reporting of conferences,
meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws,
regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting
requirements, where applicable) governing the use of federal funds for expenses related to conferences (as
that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs
of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in
the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants
Financial Guide").
17. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under
this award. The data must be provided to OJP in the manner (including within the timeframes) specified by
OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with
the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other
applicable laws.
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18. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops
or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and
Subgrantees, available at https:Hojp.gov/funding/Implement/TrainingPrinciplesForGrantees-
Subgra ntees.htm.
19. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may
withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding
agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by
the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in
connection with audits, investigations, or reviews of DOJ awards.
20. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding
agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is
designated as "high- risk" for purposes of the DOJ high-risk grantee list.
21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of
28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to
an equal employment opportunity program.
22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of
28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of
28
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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 a -CFR "current" data.
24. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment,
repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C.
1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that
otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member
of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal
grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as
renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply,
including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would
or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not
proceed without the express prior written approval of OJP.
25. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2019)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on
the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from
various "general provisions" in the Consolidated Appropriations Act, 2019, are set out at
https:Hoip.gov/funding/Explore/FY19AppropriationsRestrictions.htm, and are incorporated by reference here.
OJP FORM 4000/2 (REV. 4-88)
Authorized Official's Initials
U.S. Department of Justice PROJECT NUMBER
2019 -D1 -BX -0027
1 Office of Justice Programs Page 11 of 34
Bureau of Justice Assistance AWARD DATE
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Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would
or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance,
and may not proceed without the express prior written approval of OJP.
26. Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector
General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor,
or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False
Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be
reported to the OIG by --(1) online submission accessible via the OIG webpage at
https:Hoig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: Office
of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W.
Suite 7100, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Fraud Detection Office
(Attn: Grantee Reporting) at (202) 616-9881 (fax).
. Additional information is available from the DOJ OIG website at https:Hoig.justice.gov/hotline.
27. Restrictions and certifications regarding non -disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract
or subcontract with any funds under this award, may require any employee or contractor to sign an internal
confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict,
the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement
representative of a federal department or agency authorized to receive such information.
The foregoing is not intended and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which
relates to sensitive compartmented information), or any other form issued by a federal department or agency
governing the nondisclosure of classified information.
1. In accepting this award, the recipient --
a. represents that it neither requires nor has required internal confidentiality agreements or statements
from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or
restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to
execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict),
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U.S. Department of Justice PROJECT NUMBER
i
Office of Justice Programs 2019-D1-Bx 0027 page 12 of 34
Bureau of Justice Assistance AWARD DATE
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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.
28. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of
41
U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination
against an employee as reprisal for the employee's disclosure of information related to gross mismanagement
of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a
federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the
workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is
to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
OJP FORM 4000/2 (REV. 4-88)
Authorized Official's Initials
U.S. Department of Justice PROJECT NUMBER
t Office of Justice Programs 2019-DJ-Bx-0027 Page 13 of 34
Bureau of Justice Assistance AWARD DATE
09/18/2019
29. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed.
Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and
enforce policies banning employees from text messaging while driving any vehicle during the course of
performing work funded by this award, and to establish workplace safety policies and conduct education,
awareness, and other outreach to decrease crashes caused by distracted drivers.
30. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency
outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ,
currently or at any time during the course of the period of performance under this award, the recipient must
disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov.
For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides
additional oversight due to the recipient's past performance, or other programmatic or financial concerns with
the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that
currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk
point of contact at that federal awarding agency (name, phone number, and email address), and 4. The
reasons for the high-risk status, as set out by the federal awarding agency. NSA
31. Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C.
1373 and 1644; ongoing compliance
1. With respect to the "program or activity" funded in whole or part under this award (including any such
program or activity of any subrecipient at any tier), throughout the period of performance, no State or local
government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -
official from sending or receiving information regarding citizenship or immigration status as described in 8
U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or
exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any
prohibition (or restriction) that violates this condition is an "information -communication restriction" under
this award.
2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the
requirements of this condition.
OJP FORM 4000/2 (REV. 4-88)
Authorized Official's Initials
U.S. Department of Justice PROJECT NUMBER
-DJ-BX-0027
Office of Justice Programs 2019 Page 14 of 34
Bureau of Justice Assistance AWARD DATE
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10 . . ...... ...
3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this
award. To the extent that such costs are not reimbursed under any other federal program, award funds may
be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient
at any tier that is a State, a local government, or a public institution of higher education, incurs to implement
this condition.
4. Rules of Construction
A. For purposes of this condition:
(1) "State" and "local government" include any agency or other entity thereof, but not any institution of
higher education or any Indian tribe.
(2) A "public" institution of higher education is defined as one that is owned, controlled, or directly
funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered
to be a "government entity," and its officials to be "government officials.")
(3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C.
2000d -4a ).
(4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are
defined in 8
U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa:
(5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of
Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be
read as references to particular components of the Department of Homeland Security (DHS).
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any
tier, any State or local government, any public institution of higher education, or any other entity (or
individual) to violate any federal law, including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP,
before award acceptance.
OJP FORM 4000/2 (REV. 4-88)
Authorized Official's Initial
U.S. Department of Justice PROJECT NUMBER
Office of Justice Programs 2019 -DJ -BX -0027 Page 15 of 34
Bureau of Justice Assistance AWARD DATE
09/18/2019
32. No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing
compliance
1. Throughout the period of performance, no State or local government entity, -agency, or -official may
use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (1)
any government entity or -official from sending or receiving information regarding citizenship or immigration
status as described in 8
U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or
exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any
prohibition (or restriction) that violates this condition is an "information -communication restriction" under
this award.
2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the
requirements of this condition.
3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this
award. To the extent that such costs are not reimbursed under any other federal program, award funds may
be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient
at any tier that is a State, a local government, or a public institution of higher education, incurs to implement
this condition.
4. Rules of Construction. Both the "Rules of Construction" and the "Important Note" set out in the
"Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and
1644; ongoing compliance" condition are incorporated by reference as though set forth here in full.
33. Authority to obligate award funds contingent on noninterference (within the funded "program or
activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification
1. If the recipient is a "State," a local government, or a "public" institution of higher education:
A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity"
of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of
higher education) that is funded in whole or in part with award funds is subject to any "information -
communication restriction."
OJP FORM 4000/2 (REV, 4-88)
Authorized Official's Initia
U.S. Department of Justice PROJECT NUMBER
Office of Justice Programs 2019 D1 Bx 0027 page 16 of 34
Bureau of Justice Assistance AWARD DATE
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B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award
funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of
any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that
would be reimbursed in whole or in part with award funds was subject to any information -communication
restriction.
C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material
representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient
and each subrecipient (regardless of tier) that is a State, local government, or public institution of higher
education, is in compliance with the award condition entitled "Noninterference (within the funded'program
or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance."
D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of
compliance with award conditions or otherwise, has credible evidence that indicates that the funded program
or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a
public institution of higher education, may be subject to any information -communication restriction. In
addition, any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution
of higher education must require prompt notification to the entity that made the subaward, should the
subrecipient have such credible evidence regarding an information -communication restriction.
2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution
of higher education must provide that the subrecipient may not obligate award funds if, at the time of the
obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is
funded in whole or in part with award funds is subject to any information -communication restriction.
3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of
compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a
subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent
monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable
costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence
submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the
requirements set out in the "Noninterference... 8 U.S.C. 1373 and 1644; ongoing compliance" award
condition.
4. Rules of Construction
A. For purposes of this condition "information -communication restriction" has the meaning set out in the
"Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" condition.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C.
1373 and 1644; ongoing compliance" condition are incorporated by reference as though set f rth here in full.
OJP FORM 4000/2 (REV. 4-88) Authorized Official's Initis
U.S. Department of Justice PROJECT NUMBER
t Office of Justice Programs 2019 -DJ -BX -0027 Page 17 of 34
��. Bureau of Justice Assistance AWARD DATE
09/18/2019
34. Authority to obligate award funds contingent on no use of funds to interfere with federal law
enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification
1. If the recipient is a "State," a local government, or a "public" institution of higher education:
A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity"
of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of
higher education) that is funded in whole or in part with award funds is subject to any "information -
communication restriction."
B. 'In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award
funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of
any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that
would be reimbursed in whole or in part with award funds was subject to any information -communication
restriction.
C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material
representation by the recipient to OR that, as of the date the recipient requests the drawdown, the recipient
and each subrecipient (regardless of tier) that is a State, local government, or public institution of higher
education, is in compliance with the award condition entitled "No use of funds to interfere with federal law
enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance."
D. The recipient must promptly notify OR (in writing) if the recipient, from its requisite monitoring of
compliance with award conditions or otherwise, has credible evidence that indicates that the funded program
or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a
public institution of higher education, may be subject to any information -communication restriction. In
addition, any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution
of higher education must require prompt notification to the entity that made the subaward, should the
subrecipient have such credible evidence regarding an information -communication restriction.
2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution
of higher education must provide that the subrecipient may not obligate award funds if, at the time of the
obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is
funded in whole or in part with award funds is subject to any information -communication restriction.
OJP FORM 4000/2 (REV. 4-88) Authorized Official's Initis 4-
U.S. Department of Justice PROJECT NUMBER
Office of Justice Programs 2019 -o1 -ex -0027 page 18 of 34
Bureau of Justice Assistance AWARD DATE
09/18/2019
3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of
compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a
subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent
monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable
costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence
submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the
requirements set out in the "No use of funds to interfere ... 8 U.S.C. 1373 and 1644; ongoing compliance"
award condition.
4. Rules of Construction. The "Rules of Construction" set out in the "Authority to obligate award funds
contingent on noninterference (within the funded "program or activity") with federal law enforcement: 8
U.S.C. 1373 and 1644; unallowable costs; notification" condition are incorporated by reference as though set
forth here in full.
35. Noninterference (within the funded "program or activity") with federal law enforcement: No public
disclosure of certain law enforcement sensitive information
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by
the award, as of the date the recipient accepts this award, and throughout the remainder of the period of
performance. Its provisions must be among those included in any subaward (at any tier).
1. Noninterference: No public disclosure of federal law enforcement information in order to conceal,
harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal
criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any
federal law enforcement
information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from
justice under 18
U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch.
12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of
18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition,
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Authorized Official's Initi
U.S. Department of Justice PROJECT NUMBER
Office of Justice Programs 2019 -DJ -BX -0027 page 19 of 34
(' Bureau of Justice Assistance AWARD DATE
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3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be
obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to
ensure compliance with this condition.
4. Rules of construction
A. For purposes of this condition --
(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8
U.S.C. 1101(a)(3));
(2) the term "federal law enforcement information" means law enforcement sensitive information
communicated or made available, by the federal government, to a State or local government entity, -agency,
or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with
any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement
assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent,
commencing, continuing, or impending federal law enforcement activity;
(3) the term "law enforcement sensitive information" means records or information compiled for any law
enforcement purpose; and
(4) the term "public disclosure" means any communication or release other than one-- (a) within the
recipient, or (b) to any subrecipient (at any tier) that is a government entity.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the
funded'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance"
award condition are incorporated by reference as though set forth here in full.
36. No use of funds to interfere with federal law enforcement: No public disclosure of certain law
enforcement sensitive information
OJP FORM 4000/2 (REV. 4-88)
Authorized Official's Init! As
U.S. Department of Justice PROJECT NUMBER
Office of Justice Programs 2019 -DJ -BX -0027 Page 20 of 34
Bureau of Justice Assistance AWARD DATE
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SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of
the period of performance. Its provisions must be among those included in any subaward (at any tier).
1. No use of funds to interfere: No public disclosure of federal law enforcement information in order to
conceal, harbor, or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law
(including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no funds under this award may be used to make any
public disclosure of any federal law enforcement information in a direct or indirect attempt to conceal, harbor,
or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to,
entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such
disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C.
1324(a).
Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be
obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to
ensure compliance with this condition.
4. Rules of construction.
The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with
federal law enforcement: No public disclosure of certain law enforcement sensitive information" award
condition are incorporated by reference as though set forth here in full.
37. Noninterference (within the funded "program or activity") with federal law enforcement:
Interrogation of certain aliens
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by
this award, as of the date the recipient accepts this award, and throughout the remainder of the period of
performance for the award. Its provisions must be among those included in any subaward (at any tier).
OJP FORM 4000/2 (REV. 4-88)
Authorized Official's Initi 4��—
U.S. Department of Justice PROJECT NUMBER
2019 -DJ -BX -0027
Office of Justice Programs Page 21 of 34
1 Bureau of Justice Assistance AWARD DATE
09/18/2019
1. Noninterference with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which
certain federal officers and employees "have power without warrant ... to interrogate any alien or person
believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under
which that power may be exercised "anywhere in or outside the United States" -- within the funded program
or activity, no State or local government entity, -agency, or -official may interfere with the exercise of that
power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by
impeding access to any State or local government (or government -contracted) correctional facility by such
agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to
be or to remain in the United States."
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be
obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to
ensure compliance with this condition.
4. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA)
(see 8 U.S.C. 1101(a)(3)).
(2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)).
(3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law,
policy, rule, or practice, that—
(a) is designed to prevent or to significantly delay or complicate, or
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(b) has the effect of preventing or of significantly delaying or complicating.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the
funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance"
award condition are incorporated by reference as though set forth here in full.
38. No use of funds to interfere with federal law enforcement: Interrogation of certain aliens
SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of
the period of performance for the award. Its provisions must be among those included in any subaward (at
any tier).
No use of funds to interfere with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which
certain federal officers and employees "have power without warrant ... to interrogate any alien or person
believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under
which that power may be exercised "anywhere in or outside the United States" -- no State or local government
entity, -agency, or -official may use funds under this award to interfere with the exercise of that power to
interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding
access to any State or local government (or government- contracted) correctional facility by such agents for
the purpose of "interrogatf ing) any alien or person believed to be an alien as to his [or her) right to be or to
remain in the United States."
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be
obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to
ensure compliance with this condition.
OJP FORM 4000/2 (REV. 4-88)
Authorized Official's Initial
U.S. Department of Justice PROJECT' NUMBER
f Office of Justice Programs 2019 -DJ -BX -0027 Page 23 of 34
Bureau of Justice Assistance AWARD DATE
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4. Rules of construction,
The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with
federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as
though set forth here in full.
39. Noninterference (within the funded "program or activity") with federal law enforcement: Notice of
scheduled release
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by
the award, as of the date the recipient accepts the award, and throughout the remainder of the period of
performance. Its provisions must be among those included in any subaward at any tier.
1. Noninterference with "removal" process: Notice of scheduled release date and time
Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a
State or local government, a 90 -day "removal period" during which the federal government "shall" detain and
then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ...
confinement'; also, the federal government is expressly authorized to make payments to a "State or a political
subdivision of the State... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C.
1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released");
and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[ felons] in
Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of
removable "criminal aliens") -- within the funded program or activity, no State or local government entity, -
agency, or -official (including a government -contracted correctional facility) may interfere with the "removal"
process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the
scheduled release date and time for a particular alien, if a State or local government (or government -
contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks
such advance notice.
Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be
obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to
ensure compliance with this condition.
OJP FORM 4000/2 (RFV, 4-88) Authorized Official's Initials
U.S. Department of Justice PROJECT NUMBER
Office of Justice Programs 2019 -DJ -BX -0027 Page 24 of 34
Bureau of Justice Assistance AWARD DATE
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4. Rules of construction
A. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity")
with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference
as though set forth here in full.
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at
any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual
in custody beyond the date and time the individual otherwise would have been released.
C. Applicability
(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as
practicable (at least 48 hours, if possible)." (See DHS Form 1-247A (3/17)). If (e.g., in light of the date DHS made
such request) the scheduled release date and time for an alien are such as not to allow for the advance notice
that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as
practicable.
(2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an
individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass
such DHS requests for detention.
40. No use of funds to interfere with federal law enforcement: Notice of scheduled release
SCOPE. This condition applies as of the date the recipient accepts the award, and throughout the remainder of
the period of performance. Its provisions must be among those included in any subaward at any tier.
No use of funds to interfere with "removal" process: Notice of scheduled release date and time
Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a
State or local government, a 90 -day "removal period" during which the federal government "shall' detain and
then "shall' remove an alien from the U.S. "begins" no later than "the date the alien is released from ...
confinement"; also, the federal government is expressly authorized to make payments to a "State or a political
subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C.
1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released");
and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[ felons] in
Federal and State prisons" and programs underway "to ensure the prompt removal' from the U.S. of
removable "criminal aliens") -- no State or local government entity, -agency, or - official (including a
OJP FORM 4000/2 (REV. 4-88) Authorized Official's Initia
U.S. Department of Justice PROJECT NUMBER
Programs Office of Justice g 2019 -DJ -BX -0027 Page 25 of 34
+., Bureau of Justice Assistance AWARD DATE
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government -contracted correctional facility) may use funds under this award to interfere with the "removal"
process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of
the scheduled release date and time for a particular alien, if a State or local government (or government -
contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks
such advance notice.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition:;
Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be
obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to
ensure compliance with this condition.
4. Rules of construction.:
The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with
federal law enforcement: Notice of scheduled release" award condition are incorporated by reference as
though set forth here in full.
41. Requirement to collect certain information from subrecipients
Except as provided in this condition, the recipient may not make a subaward to a State, a local government, or
a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to
the questions identified in the program solicitation as "Information regarding Communication with the
Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient
responses must be collected and maintained by the recipient, consistent with document retention
requirements, and must be made available to DOJ upon request. Responses to these questions are not
required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a
private institution of higher education.
42. 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
OJP FORM 4000/2 (REV. 4-88) Authorized Official's Initial
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r 2019 -DJ -BX -0027
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,. Bureau of Justice Assistance AWARD DATE
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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). N/A
43. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of
$25,000 or more and, in certain circumstances, to report the names and total compensation of the five most
highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award
funds. The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are
posted on the OJP web site at https:HojP.gov/funding/Explore/FFATA.htm (Award condition: Reporting
Subawards and Executive Compensation and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or
(2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business
or non-profit organization that he or she may own or operate in his or her name). N/A
44. 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. N/A
45. Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the
provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be
reported on the quarterly Federal Financial Report, SF 425.
OJP FORM 4000/2 (REV. 4-88)
Authorized Official's lniti
U.S. Department of Justice PROJECT NUMBER
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Bureau of Justice Assistance AWARD DATE
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46. 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.
47. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement
information sharing systems which involve interstate connectivity between jurisdictions, such systems shall
employ, to the extent possible, existing networks as the communication backbone to achieve interstate
connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not
be cost effective or would impair the functionality of an existing or proposed IT system.
48. 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.
49. Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all
OJP policies and procedures regarding the protection of human research subjects, including obtainment of
Institutional Review Board approval, if appropriate, and subject informed consent.
50. 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.
OJP FORM 4000/2 (REV. 4-88)
Authorized Official's Initial
- U.S. Department of Justice PROJECT NUMBER
2019-DJ-BX-0027
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*. y Bureau of Justice Assistance AWARD DATE
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51. Verification and updating of recipient contact information
The recipient must verify its Point of Contact (POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any
information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants
Management System (GMS) to document changes. NSA
52. 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).
53. 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. N/A
54. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and
34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part)
a specific project or program (such as a law enforcement, prosecution, or court program) that results in any
court dispositions, information, or other records that are "eligible records" (under federal or State law)
relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the
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establishment or improvement of records systems that contain any court dispositions, information, or other
records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or
subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are
"eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or
to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when
appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate
diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give,great
weight to any such evidence in any express written determination regarding this condition.
55. "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.'ln 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.
N/A
56. Required attendance at BJA-sponsored events
The recipient (and its subrecipients at any tier) must participate in BJA-sponsored training events, technical
assistance events, or conferences held by BJA or its designees, upon BJA's request.
57. 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.
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U.S. Department of Justice PROJECT NUMBER
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Office of Justice Programs 2019 -DJ -BX -0027 page 30 of 34
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The recipient understands that this condition applies to new activities as set out below, whether or not they
are being specifically funded with these award funds. That is, as long as the activity is being conducted by the
recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these
award funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive
area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species,
or a property listed on or eligible for listing on the National Register of Historic Places;
C. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in
its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office,
household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations,
including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an
Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient
further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at
https://bja.gov/Funding/nepa.htmi, 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.
58. 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. N/A
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2019 -DJ -BX -0027
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Bureau of Justice Assistance AWARD DATE
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59. 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.
60. Certification of body armor "mandatory wear" policies
If recipient uses funds under this award to purchase body armor, the recipient must submit a signed
certification that law enforcement agencies receiving body armor purchased with funds from this award have
a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any
subrecipients planning to utilize funds from this award for ballistic -resistant and stab -resistant body armor
purchases. This policy must be in place for
at least all uniformed officers before any funds from this award may be used by an agency for body armor.
There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all
uniformed officers while on duty.
61. Body armor - compliance with NIJ standards and other requirements
Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any
threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested
and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the
NIJ Compliant Body Armor Model List (httPs:Hnij.gov/topics/technology/body-armor/Pages/compliant-
ballistic-armor.aspx). In addition, ballistic -resistant and stab -resistant body armor purchased must be made in
the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard
information can be found here: https:/ / nij.gov/ topics/ technology/ body -armor/ pages/ safety-
initiative.aspx.
62. Reporting requirements
The recipient must submit quarterly Federal Financial Reports (SF -425) and semi-annual performance reports
through OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the
Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient
must provide data that measure the results of its work. The recipient must submit quarterly performance
metrics reports through BJA's Performance Measurement Tool (PMT) website
(www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements,
refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established
deadlines may result in the freezing of grant funds and future High -Risk designation. N/A
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2019 -DJ -BX -0027
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e Bureau of Justice Assistance AWARD DATE
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63. 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.
64. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute,
unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances
exist, making such expenditures essential to the maintenance of public safety and good order.
65. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after
October 1, 2018
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the
award. As of the first day of the period of performance for the award (October 1, 2018), however, the
recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at
the recipient's risk until, at a
minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding
conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the
award document that precludes the recipient from obligating, expending, or drawing down all or a portion of
the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs
incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each
applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate
(federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of
performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable
withholding condition), provided that those project costs otherwise are allowable costs under the award.
Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use
award funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief
executive of the State or local government) that federal funds will be used to increase the amounts of such
funds that would, in the absence of federal funds, be made available for law enforcement activities. N/A
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U.S. Department of Justice PROJECT NUMBER
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66. Use of funds for DNA testing; upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be
uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a
government DNA laboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-governmental DNA
database without prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA
profiles may be accepted for entry into CODIS.
67. Encouragement of submission of "success stories"
BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a
success story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story
Submission form. If the recipient does not yet have a My BJA account, please register at https:/ /
www.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success
Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all
success stories will appear on the BJA Success Story web page at https:/ / www.bja.gov/ SuccessStory List. aspx.
68. Recipient integrity and performance matters: Requirement to report information on certain civil,
criminal, and administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on
civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this
OJP award or any other grant, cooperative agreement, or procurement contract from the federal government.
Under certain circumstances, recipients of OJP awards are required to report information about such
proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal
integrity and performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on certain
civil, criminal, and administrative proceedings to the federal designated integrity and performance system
(currently, "FAPIIS") within SAM are posted on the OJP web site at https:Hojp.gov/funding/FAPIIS.htm (Award
condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are
incorporated by reference here.
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U.S. Department of Justice PROJECT NUMBER
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Bureau of Justice Assistance AWARD DATE
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69. Withholding of funds: Required certification from the chief executive of the applicant government
The recipient may not obligate, expend, or draw down any award funds until the recipient submits the
required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly -
executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this
condition. N/A
70. Withholding of funds: Required certification regarding body -worn cameras
The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP
has reviewed, the required certification regarding body -worn cameras, and a Grant Adjustment Notice (GAN)
has been issued to remove this condition. N/A
71. Withholding of funds: Required certification regarding body armor
The recipient may not obligate, expend or draw down any award funds until the recipient submits, and OJP
has reviewed, the required certification regarding body armor, and a Grant Adjustment Notice (GAN) has been
issued to remove this condition. N/A
72. SORNA final agency decision - Appeals
The recipient acknowledges the final agency decision made by DOJ that recipient's jurisdiction did not
substantially implement the Sex Offender Registration and Notification Act (Public Law 109-248, "SORNA")
before the deadline, and understands that, as a result of that final agency decision, the amount of this JAG
award was reduced, pursuant to 34 U.S.C. 20927. By accepting this specific award, the recipient voluntarily
agrees that if it elects to file a judicial appeal of that final agency decision, which was integral in determining
this particular funding amount, no such appeal may commence more than 6 months after the date of
acceptance of this award. N/A
OJP FORM 4000/2 (REV. 4-88) Authorized Official's Initials
ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION
OFFICE OF INTERGOVERNMENTAL SERVICES
REQUEST TO DESIGNATE AN ACTING AUTHORIZED OFFICIAL
SUBGRANT
PRINT NAME/TITLE
ORGANIZATION
4th Judicial District Drug Task Force
AUTHORIZED
E-MAIL
OFFICIAL
Lioneld Jordan
PRINT NAME
SUBGRANT
SUBGRANT
FROM
To
NUMBER
J20-004-19
PERIOD:
07/01/2019
06/30/2020
As the highest-ranking official of the above named organization's governing body, I hereby request the Office
of Intergovernmental Services, to recognize the individual listed below as authorized to act on my behalf in
matters regarding the above -referenced subgrant and project period.
1 will ensure that I am kept appropriately apprised of project performance, expenditures and other areas of
administrative responsibility through this individual. I understand and accept that my designation of authority .
will in no way release this organization from any liability.
This authority specifically allows my designee to execute budget documents and reimbursement requests, and
to speak to YgS staff regqKdRnV matter§ related to the grant.
I_ 8 _gogo E] Board President
oC ❑ County Judge
RE DATE Q Mayor
❑ Elected Prosecutor
❑ Other Authorized Official
PROPOSED ACTING AUTHORIZED OFFICIAL
PRINT NAME/TITLE
Willie Newman, Fiscal Officer
TELEPHONE NUMBER
479-587-3581
E-MAIL
I wnewman@fayetteville-ar.gov
Having read the above referenced subgrant and all attachments, I certify that I will perform on behalf of this
organization's authorized official, I am prepared to oversee all matters related to the subgrant in accordance
with all state and federal laws and regulations.
DATE D 2420
ACTING AUTHORIZED OFFICIAL SIGNATURE
ARKANSAS DFA -IGS -JAG
20150226
DEPARTMENT OF FINANCE AND ADMINISTRATION
OFFICE OF INTERGOVERNMENTAL SERVICES
AGENCY CERTIFICATION
PAGE 1 OF 1
SUBGRANT NUMBER(S):
J20-004-19
SUBGRANT ORGANIZATION:
4th Judicial District DCTF
MAILING ADDRESS:
100 West Rock Street
CITY/STATE/ZIP CODE
Fayetteville, AR 72701
TELEPHONE NUMBER:
Lioneld Jordan - 479-575-8330
FAX NUMBER:
479-587-3522
EMAIL ADDRESS:
wbrown@fayetteville-ar.gov
State Appropriation
FUNDING SOURCE:
AUTHORIZED OFFICIAL:
Mayor Lioneld Jordan
ACTING AUTHORIZED OFFICIAL:
Willie Newman
CERTIFICATION
As the Authorized Official of the organization named above, I certify that the
information contained and entered in to this workbook is true and accurate. I
acknowledge the obligation of the organization to Department of Finance and
Administration regarding the funding source as identified above. I understand
and agree that by accepting a contract with DFA/iGS that the organization will
provide the services set forth in the subaward agreement and will remain in
compliance with the terms and conditions set forth in the contract, as well as all
special conditions.
nn 'Mavnr — --- i
D TITLE OF AUTWORIZED OFFICIAL
UTH I D OFFICIAL_ SIGNATURE DATE
H:\Willie\DTF Grants\DTF Grant 2019-2020\Requests\JAG-State-Local\4th JD DTF JAG 2019-2020 Workbook:
AGENCY CERTIFICATION 1/7/2020 4:17 PM