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HomeMy WebLinkAbout266-20 RESOLUTIONSAYEY� m, .Y �4K�N5>5 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 266-20 File Number: 2020-0806 2020 JAG LOCAL SOLICITATION AWARD: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2020 JUSTICE ASSISTANCE GRANT IN THE TOTAL AMOUNT OF S49.439.00 WHICH WILL BE USED TO PURCHASE LAW ENFORCEMENT TRAINING AND EQUIPMENT FOR THE FAYETTEVILLE POLICE DEPARTMENT AND THE WASHINGTON COUNTY SHERIFF'S OFFICE, AND TO APPROVE A BUDGET ADJUSTMENT RE 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 2020 Justice Assistance Grant in the total amount of $49,439.00, of which $35,740.00 will be used by the Fayetteville Police Department on law enforcement training and equipment, with St3,699.00 to be disbursed to the Washington County Sheriffs Office to purchase law enforcement equipment, and further authorizes Mayor Jordan to execute the grant agreement and any other documents necessary to receive the funds. Section 2: That the Citv Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 10/20/2020 Page 1 Primed on 10/21/20 Resolution: 266-20 File Number. 2020-0806 Attest: ,\,E R K GI7y0 Fyn; Kara Paxton; City Clerk Treasurer FAY6,7-�EV Moil Page 2 Printed on 10121120 City of Fayetteville, Arkansas Text File File Number: 2020-0806 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: A.15 2020 JAG LOCAL SOLICITATION AWARD: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2020 JUSTICE ASSISTANCE GRANT IN THE TOTAL AMOUNT OF $49,439.00 WHICH WILL BE USED TO PURCHASE LAW ENFORCEMENT TRAINING AND EQUIPMENT FOR THE FAYETTEVILLE POLICE DEPARTMENT AND THE WASHINGTON COUNTY SHERIFF'S OFFICE, AND TO APPROVE A BUDGET ADJUSTMENT 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 2020 Justice Assistance Grant in the total amount of $49,439.00, of which $35,740.00 will be used by the Fayetteville Police Department on law enforcement training and equipment, with S 13,699.00 to be disbursed to the Washington County Sheriffs Office to purchase law enforcement equipment, and further authorizes Mayor Jordan to execute the grant agreement and any other documents necessary to receive the funds. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 10119/2020 City of Fayetteville Staff Review Form 2020-0806 Legistar File ID 10/20/2020 City Council Meeting Date - Agenda item Only N/A for Non -Agenda Item Mike Reynolds 9/28/2020 POLICE(200) Submitted By Submitted Date Division / Department Action Recommendation: Approval of the non -matching 2020 Justice Assistance Grant (JAG) Local Solicitation award and budget adjustment in the amount of $49,439 for the purchase of law enforcement training and equipment. Budget Impact: 1010.200.'2920-various General Account Number Fund 39022-2020 Police JAG Local Solicitation 2020 Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ Current Balance � $ Does item have a cost? NA Item Cost i Budget Adjustment Attached? Yes Budget Adjustment $ 49,439.00 Remaining Budget �$^ 49,439.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANS ARKANSAS MEETING OF OCTOBER 20, 2020 TO: Mayor and City Council 1 (/ FROM: Mike Reynolds, Chief of Police DATE: September 25, 2020 CITY COUNCIL MEMO SUBJECT: 2020 Justice Assistance Grant Local Solicitation Award RECOMMENDATION: Staff recommends approval of the non -matching 2020 Justice Assistance Grant (JAG) Local Solicitation award and budget adjustment in the amount of $49,439 for the purchase of law enforcement training and equipment. BACKGROUND: The U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance has awarded the 2020 JAG for local agencies. This award of grant funds is based on population and violent crime rates, and has been proportionately awarded to Fayetteville and Washington County to share. This grant does not require local matching funds. DISCUSSION: The Fayetteville Police Department will be the fiduciary agency for this grant award in the amount of $49,439. Fayetteville will receive $35,740 to be spent on law enforcement training and equipment. Also, within this grant award, Washington County will receive $13,699 to purchase law enforcement equipment. Please see attached program narrative and budget for detailed descriptions. BUDGET/STAFF IMPACT: This grant award does not require local matching funds and has no impact on staffing levels. Approval of this budget adjustment will establish revenue and expense budgets equal to the grant award. Attachments: Budget Adjustment 2020 JAG Local Program Narrative 2020 JAG Local Budget Award Documents Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Program Narrative Project objectives are to purchase and/or upgrade needed law enforcement equipment and obtain certification (see budget detail worksheet) not funded locally due to budget constraints. Our project timeline is to have fully implemented all grant funded purchases within grant period. Equipment items identified in this grant application have updated specifications and quotes ready to issue purchase orders in a timely manner and needed certifications have established course schedules pending Coronavirus pandemic. These grant funded purchases will meet documented purchasing policies and procedures of each agency and track grant funding following generally accepted accounting principles. The City of Fayetteville has a long history of obtaining, tracking, and reporting on federal grant funds. To date, no operational or financial discrepancies have been identified. Grant funds will be drawn down on a reimbursement basis to the City of Fayetteville's Project Accounting System. This system itemizes each grant transaction and supporting documentation electronically by project number, and is monitored by our grants administrator and internal auditor to insure accuracy. The requested funding for this JAG application focuses on items thit have been previously left out of local funding sources due to our economic constraints. These items include travel for certifications and policing equipment as detailed below: Travel: The Fayetteville Police Department (FPD) will use their 2020 JAG Local Solicitation funding for certification training. Multiple certification courses include: Crime Prevention Through Environmental Design (OPTED), National Association of School Resource Officer (NASRO), Peer -to -Peer Counseling, Special Events Management and Public Safety Communications Accreditation Program. CPTED certification is an important component of the FPD's Community Oriented Policing Division. The CPTED program teaches officers methods of preventing and deterring crime through the physical layout of buildings and grounds. CPTED tries to influence offender's potential decisions by the design of the environment. The FPD ' the to certify two (2) officers. The officers can use this training to help local businesses evamte their property and suggest changes to make them less likely to encounter criminal act ' Y. This program directly relates to FPD's mission statement of forming partnerships u�businesses and citizens, so they can learn ways of reducing the opportunities for crW e to occur. NASRO certification of School Resource Officers completion of both Basic and Advanced courses. The of teacher/counselor/law enforcement officer. These c certification of SROs and enhances their ability to deli students and faculty of the Fayetteville Public Schooh positions needing this certification. uires the successful follow the SRO Triad concept gild upon each other for quality police services to the We have two (2) new SRO The purpose of the Peer to Peer Support Program is to provide all FPD employees the opportunity to receive emotional and tangible support through times of personal or professional crisis and to help anticipate and address potential difficulties. The FPD will continue to pursue the newest and most innovative knowledge, research, and understanding to ensure the best possible outcome for employees serving the community of Fayetteville. The FPD plans to certify four (4) officers in peer -to -peer counseling. At the special events management training, participants will learn how to conduct thorough research, how to plan to avoid potential problems, and how to implement security and traffic plans to ensure a safe and secure event. The primary focus of the course will be on Festivals, Parades, Carnivals, Marathons, Sporting Events, Concerts, Movie Productions, Demonstrations, Conventions, Religious, and Commercial Events. The Public Safety Communications Accreditation Program certified by the Commission on Accreditation for Law Enforcement Agencies (CALEA) provides a communications center, or the communications unit of a public safety agency, with a process to systemically review and internally assess its operations and procedures. This program requires organizations to collect and analyze important data for making sound operational and administrative business decisions, creating leadership and practitioner -accountability. In addition, the focus is on quality assurance, interoperability, emerging technologies, risk analysis, asset security, resources access, contemporary training, and a range of other operational functions. The FPD's Central Dispatch Center will use grant funding to meet and exceed all requirements for CALEA certification. Equipment: The FPD will use grant funding to expand and replace traffic control equipment used to reroute and deter traffic movement during large public gatherings such as festivals, rallies and/or sporting events. Traffic control equipment to be purchased includes barricades, gorilla posts and traffic cones. The FPD currently has ten Cannondale police mountain bicycles. These bicycles are 15 years old. This grant funding will be used to replace a portion of the current fleet of bicycles with four electric assist bicycles. Electric assist bicycles will allow police officers to cover a greater patrol area daily. Our bicycles are used to patrol during special events, the city's vastly expanding trails system, city parks, and other areas where bicycle patrol is more practical. They would also be used by the department's Community Oriented Policing Division to work with the homeless population in the hard to reach areas they shelter. The Washington County Sheriff's Office (WCSO) will use grant funding to purchase shotgun weapon lights, civil disturbance shields and civil disturbance kits. Shotgun Weapon Lights will be issued to each member of the Enforcement Division. The purpose is to increase officer safety in illuminating threats in dark areas. This will increase efficiency and safety of deputies in low light conditions. Also, WCSO intends to purchase ten civil 4 disturbance shields and civil disturbance kits to deploy for added tactical defense for use during civil unrest calls. These shields and kits will provide additional safety to deputies from blunt force trauma, hard blows and penetrations from sharp objects when used to approach scenes where there is a higher risk to their personal safety. It also will allow them to be better prepared to approach and access injured individuals or officers during civil unrest calls. Poraa3e Area oA Budget Detail - Year 1 0aeaMb budgetonto/n ooftren aasb Mlbbb delaedbm*to irxbde meet/rq3.retool;SeMnam,, sxmaaeb, and rrornjWmtAilies7. YIN 1001 In n l G,Me. 4Ilior, 310 a Renomel Woo Position con"Mian tlaevUmmc Ylnam. uu nnlmnrv3Y�"a'a sm..im.r.memrel.�..ndlan.¢mr.lm rMpyvn/a. eaen< /mom. Salary Rate Hole WollTA I,NAwn�tA�> rer pattntope of Tatvl cart Napk�,d Federal nm Qowzmrtbn R"Um SO So TM $0 SR I Sa Nanotl3e S. RNIefft Woe cowpantbn Im.weemnWw.+Nomnln neardnaRto. terela Srio. ana.inl>eamgrtaM. Rate Rate Tetal[oat AbnRdetel ORlbblblrtrtbn Federal Re0ue3e fo Sa Moo, a S0 So Sa Nomrthe C Tmvd PolPase b TraM Iarat3on tyaeol Eap. Rss13 Cmgutatlon rrv'inerMewme Atean ab Nv �• .merNbrn.A.N,.saax 4rrW red anamN.w,. rNO+N A4/A m wa (anwCe w.a.l o.am lwea..cm.RweelL enaww a=vMa. pwmwwal ea Coat Doran 0of Raf TatalCatt M»Rdeml Federal Sleg Tax Olna0atlpl Reguw NOl SJ.IyGmmuNulom R¢a.limbn pgrun NnMWb. iw 6.RarvRe.M1 ONe N/A W,Aa1 1 I 1 Saj1a ye,33p IWlhtMbn) NEhSlery CommunkYlwn Am.11ea lto ft.,— a.,aa Syunvnl lfey.nnm,M1 o1Mt N/A SUMM I 1 l SIJN $I,Ha Speeal Evmu 1.4nyemml IR.lYlnnonl xyam n aM WA a Smm t ] I Sslo Sf3o Samel3vem Msgenmt xeurtm, iX loleq NI'm $133m . t t SSaa SS.a Pulpced Area e4 $pe[YI Mnn Maiv[Imenl Murree,U .11, Dry $1n,m r l 1 U. $aaa PrrnlDRn Cwnrrlyry Oren,. Other NIA 542s.00 I 2 2 S250, $LSm (Nduurbn) Ieer.le her CoumeOM DanMU ro4tM{ Mjhl Sll1,25 a 2 2 SLIM SLIM ft.'10-1-1 CeumeWn{ Daaat, st Mrlr Oa, slow S 2 2 S'.. St. NJknJ4rcoa!bn clhhaal par, ry orhn WA Slay. 1 2 2 SLS{D Slyer R<muue oft.. Mclarnrbn) Na1knlNwdNmo25Jwol Pynyq laddn{ Mae, Sll,o) 5 I 2 SIJm SLam Rnaur[r aXYen grbnJ arwrlrrbnalhMel Nam. IX Merh M Ss6.m 5 2 2 SLIiD Ills?) Rewr[e office", CAmr RMnlbn thu uah fnWunmrnWont, OJYr, far other NIA 5625.m l 2 I Suso SU5O Ihe[bnnlml Cem.R.-ruftli wvn Ta W{n{ MNr SIl1.2s a I I SLMD SIJGo EnHcn nvusf (Wl[n fhne Rerenrbnlhlau{h "-e-LT)t Mesh Dan, Slow S I 1 fim $203 InKonmrAlal oeson WA W SO TObp f 940 FpmltMe The Public Safety COMMU ledtlOm Accreditation Program allows our Central Mpatch Center to learn and vedfy the standards that must be met for Commisslon on Accreditat an for law Enforcement Agewles. Eltlmatedlnlningexpentelndudes: Auraditation fee -$6,550 and oo-Jte assessment fee.$1,395. Peer-to-Peef Caumegingaaulr inre,(2) oflkers to attend a certification count In Dallm,M Estimated ravel expenses include: Reglstrotlom S625 per oHker; Lca lag-One(If mare for four 14) nights at a rare of $13135 per night; and Per Dlem at 90 perday for two 121 oflken for 5 days of travel. The Special Events management Training allovn a law enforcment supervisor to attend tralning in San Olegn CA. Estimated trmel expenserinclude: Round-trip airfare -SSDop Registration - $549; Lodging -I nights A $149 per nigh; and Wall -$21 per day for 4 days. The Schaal Resource Chic., mining expenses will agow two (2) oHicen to attend a course held in Little Rock Ail Estimated tavel expenses include: Reglrtntlon -$6ro per oHker; Lodging -1 room at $115.25 per night for 4 nights; and Meals - $59 Der day per afgcer for S days. Egralperaterf Item Computation run vrd Mare eo[n Rem Ornuenml O.rt eralb puceaW Canpun Mr[eul..p. MenuMan eJem6hemmbµnMNlrNlenPrhrmJ IIDaJtdervl federal rapterlu Unm CM TMI Cast mnum tlm Request Trends.0. of a $2.2004e SL[m SMw InHk Gn. le"Weeaar 5 $amm Hpp S AMO pdrpnne l5rea pa St.". W..'llaln 52 SIN.51 p"is AWS OhtYtb>a[e SailGi 16 51SOSo $a,am 51.iR tivl oMi,v.. to $19550 SIX, S$.159 r tEgd94 to sib 34 NpamtNe Four 14) electrk assist Weider will be purchased to expand our trails and spatial events patml areas at an Individual cost of 52.200 per bkyde. Five (5)Jersey barricades and tpploomr, tra iccontrol equlpmera will be purchased for SM per Set Washington County Sheriffs @ Sir will purchase 52 shotgun weapon lights at a eon of$154.51 each, 10 cMl dhtsvbanco nNetds at a cunt of $IMSO each and ID "I disturbance kin at a cost of 5395.90 each. f.sitypi Supply Rem$ Orwide. IWONe try'eraJdem tnarpnoaW wMdmnrJixW. 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Campuptbn CatiMa�Wa.bM<mnfr rar.areinrtl WProMn watial>uNfain Rmp tndhettean Ratn Tamfemt oPmW Fed"l Repbet T f So So Normdw Office of the Assistant Attorney General September 19, 2020 The Honorable Lioneld Jordan City of Fayetteville 100 W Rock Street Suite A Fayetteville, AR 72701-6191 Dear Mayor Jordan: Department of Justice (DOJ) Office of Justice Programs Wnrhinyron. D.0 20531 On behalf of Attorney General William P. Ban-, it is my pleasure to inform you that the Office of Justice Programs (OJP), U.S. Department of Justice (DOJ), has approved the application by City of Fayetteville for an award under the OR funding opportunity entitled "JAG Local: Eligible Allocation Amounts $25,000 or More." The approved award amount is 549,439. These funds art for the project entitled 2020 JAG Local Solicitation. The award document, including award conditions, is enclosed. The entire document is to be reviewed carefully before any decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNoticu-AwardRegts.him) is to be consulted prior to an acceptance. Through that "Legal Notices" webpage, DIP sets out -- by funding opportunity --certain special circumstances that may or will affect the applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted through that webpage is incorporated by reference into the award. Please note that award requirements include not only award conditions, but also compliance with assurance and certifications that relate to conduct during the period of performance for the award. Because these requirements encompass financial, administrative, and programmatic manors, as well w other important matters (c,g., specific restrictions on use of funds), it is vital that all key staff know the award requirements, and receive the award conditions and the assurances and certifications, as well as the application as approved by OJP. (Information on all pertinent award requirements also most be provided to any subrecipient of the award.) Should City of Fayetteville accept the award and then fail to comply with an award requirement. DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds Please direct questions regarding this award w follows: - For program questions, contact Dawn K. Hill, Program Manager at (202) 598-7513; and - For financial questions, contact the Customer Service Center of OJP's Office of the Chief Financial Officer at (800) 458-0786, or at ask.mfo@wdoj.gov. We look forward to working with you. Sincerely, Katharine T. Sullivan Principal Deputy Assistant Attorney General Encl. Department of Justice (DOJ) r Office of Justice Programs \" O,Qice of civil Rights IVashinglon, DC 20531 September 19, 2020 The Honorable Lioneld Jordan City of Fayetteville 100 W Rock Street Suite A Faycawiile, AR 72701.6191 Dear Mayor Jordan: Congratulations on your recent award. The Office for Civil Rights (OCR), Office of Justice Program (ON), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Omcc of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title Ut of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them 05 4 condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DIP and other DOJ awards, see httpsitojp.govffitnding/Explore/Legal0wrview/Civil RightsReVimmenm.btm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. Thesc reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equat-oppormnity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (I) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the ESOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 29 C.F.R. §§ 42.204(c), ,205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with DIP and other DO) grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities us a recipient of federal financial assistance, please do not hesitate to let us know. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst nq"^n Department of Justice (DOJ) Office of Justice Programs T i t"'tIS' Bureau of Justice Assistance Grant PAGE I OF 31 I. RECIPIENT NAME AND ADDRESS(including Zip Code) 4.AWARDNUMBER: 2020-100-13Xd40 City of Foyeneville J00WRock Street SuitcA S. PROJECT PERIOD: FROM 10MIn019 TO 0950Q023 FayeacAlle, AR 72701-6191 BUDGET PERIOD: FROM 1010112019 TO 09/3012023 6.AWARDDATE 09JIW2020 8. SUPPLEMENTNUMBER 7. ACTION W6.1 2a. GRANTEE IRS/VENDOR NO. 7160IV62 W 2b. GRANTEE DUNS NO. 9. PREVIOUS AWARD AMOUNT so 071607699 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD S49439 2020 JAG Local Solicilation I L TOTAL A WARD S 49,439 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT Thin pn)ed is npponed under FY20(BJA - JAG Slaw and JAG Local) TuIc I of Pub. L. No. 90.351 (generally codified tl 34 U.S.C. 10101-10726), including abp rl I of pM E (codified at 34 U.S.C. 10151 - 10158); su d4o 28 U.S.C. 530C(a) 14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738. Edward By. M., W lurlice, An ruirce Grort Pngnm 15. METHOD OF PAYMENT GPRS - AGENCYAPPROVAL GRANTEEACCEPTANCE - 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE Of AUTHORIZED GRANTEE OFFICIAL Katherine T. Sullivan Lioncld Jordun Principal Deputy Auittant Attorney General Mayor 17.ISIGNATURE OF APPROVING OFFICIAL 19. SIG RE OF AUTIfORIZEd RECIPIENT OFFICIAL 19A.%DAATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION COD ES 21. VDIUGT! 0 FISCAL FUND BUD. DIN. a YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DI 80 W 00 49439 - DIP FORM 400N2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. F OJP FORM 400012(REV. 4.89) 4)) Department of Justice (DOJ) Office orJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF .n Grant PROJECT NUMBER 2020-D1-BX.0"0 AWARD DATE 09/192020 SPECIAL CONDITIONS I. Requirements of the award; remedies for Iron -compliance or for materially false statements The conditions of this award arc material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOl") may determine that it will not enforce, or enforce only in pert, one or mom requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OR") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/Lega[Noticm-AwardRegm.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award and specifically adopts, m if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalfof the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements — whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OR taking appropriate action with respect to the recipient and the award. Among other things, the OR may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may lake 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 r OIP FORM 40002 (REV. 4.88) Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 OF n4j) Grant PROJECTNUMBER 2020-D1-RX-0440 AWARD DA7 09119/2020 SPECIAL CONDITIONS S. 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 alter the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, 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 caters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January I, 2018, 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/mining/fmts.hm. All nainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("frceve") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that class to use the "de minimis" indirect castrate, 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, arc 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. Ifso, the recipient must promptly notify the DOI awarding agency (OJP or OV W, as appropriate) in writing of the potential duplication, and, if so requested by the DOI awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. OJP FORM 40D011(REV. egg) 4- Initial Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 1 OF 31 tip` Crant PROJECTNUMBER 2020-DI-13X-0440 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 2. Applicability of Pan 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 "Pan 200 Uniform Requirements'l apply to this FY 2020 award from OJP. The Pan 200 Uniform Acquirements were first adopted by DO) on December 26, 2014. If this FY 2020 award supplements funds previously awarded by OR under the more award number (c.g., funds awarded during or before December 2014), the Pan 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 2020 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP websile at https://ojp.gov/funding/Part2000niformkequirements.him. Record retention and access: Records pertinent to the award that the recipient (and any subrocipient ("subgrantee") at any tier) most 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 subreeipient ("subgrentec") 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 al 2 C.F.R. 200333. In the event that an award -related question arises hour documents or other materials prepared or distributed by OR that may appear to conflict with, or differ in some way from, the provisions of the Pan 200 Uniform Requirements, the recipient is to contact OR 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 OR website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguidc/DOJ/index.hn), including any updated version that maybe posted during the period of performance. The recipient agrees to comply with the DO) Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United Stales 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 mellassi6calion 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. DIP FORM 40001`2 (REV. "11) I FIRM, m v a _ Department ofJustice(DOI) Office of Justice Programs AWARD CONTINUATION 1�, Bureau of Justice Assistance SHEET PAGE 5Of31 0,� Grant I PROJECT NUMBER 2020-D/-BX-0a40 AWARDDATE 09/1912020 1 SPECIAL CONDITIONS 8. Requirements related to System for Award Management and Universal Identifier Requirements 'the recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgmnts") to first -her 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 endty identifiers arc posted on the DIP web site at https:/Iojp.gov/fundingotxplorrJSAM.htm (Award condition; System for Award Management (SAM) and Universal Identifier Requirements), and arc 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 organiration that he or she may own or operate in his or her name). OR FORM 400M (REV. 4-89) ""`�e, Department of Justice (DOJ) w Office of Justice Programs AWARD CONTINUATION °t % Bureau of Justice Assistance SHEET PAGE s Or 31 .� i Grant PROJECT NUMBER 2020-1)J-BX-oado AWARDDATE 0911912020 SPECIAL CONDITIONS 9. Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipiem 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 pan) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisoes of 8 U.S.C. 1324a(s)(1) and (2). B. Notify all persons associated with the recipient (or any submcipient) who are or will be involved in activities under this award of both— (1) this award requirement for venfieation of employment eligibility, and (2) (he associated provisions in 8 U.S.C. 1324a(ax 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). 0. 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 words of all pertinent notifications and tminings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of aubrecipient 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, recess iry, 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 Forpurposes of this condition, persons "who am 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 paro with award funds. B. Employment eligibility confirmation with E-Verify For purposes of wtisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipicat) may choose to participate in. and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf ofthe recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Noneonfirmation" or a "Final Nonconfirmatfon') 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 Ponds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northeast Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipimt at any tier, or CUP FORM 40ooR (RBV.O-a$) Initial Department of Justice (DOJ) Offcc of Justice Programs AWARD CONTINUATION 1 Bureau of Justice Assistance SHEET PAGE 8 OF 31 �w Grant PROJECTHUMBER 2020-DJ-BX-WO AWARD DATE 09/19/2020 SPECIAL COMMONS 13. Unreasonable restrictions on competition under the award; association with fodem) government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in pan) 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 ofprocuremen4 or the nature of any legal instrument used. The provisions of this condition must be among those included in rutty subaward (at any tier). I. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOI) Pan 200 Uniform Requirements — including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage(d) and administered] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "(a]ll procurement transactions (to) be conducted in a manner providing full and open eompettion" and forbidding practices "restrictive of competition," such as "(p)iacing unmamonabie requirements on firms in order for them to qualify to do business" and taking "(a]ny, arbitrary action in the procurement process") — no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary ofauch an associate), except As expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by US15M 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4, Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government — as an employee, commetor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, er 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. R. Nothing in this condition any person or other entity, a (REV. 4.la) understood to authorize or require any recipient, any subrecipient at any tier, or any federal law, including any applicable civil rights or nondiscrimination law. _ Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION i Bureau of Justice Assistance SHEET PACE 7 OF 11 Grant PROACTNUMaER 2020-DI.M. a0 AWARD DATE 09/19/2020 .SPECIAL CONDITIONS any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipicnt at any tier, or any person or other entity, of any obligation otherwise imposed by law, including S 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.govo 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 acme] 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 subrecipicnt) — (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of"personally identifiable information (Pit)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OR 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'l 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 -- OR considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subawanl are posted on the OR web site at htlps!/ojp.gov/funding/Fxplore/SubawardAuthorization.htm (Award condition: All subawards ("sublimate") must have specific federal authorization), and am incorporated by reference here. 12. Specific post -award approval required tome a noncompetitive approach in any procurement contract that would exceed $250.000 The recipient, and any subrecipient ("subgramee") 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 — OR 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 OR award arc posted on the OR web site at https://ojp.gov/funding/Explore/NonwmpetitivePmcwcmtnt.him (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 hem. OUP FORM Marl (REV. 4.88) Initial Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION t Bureau of Justice Assistance SHEET PAGE 10 OF 31 Grant PROJECT NUMBER 2020.D1-Bx.0440 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 19. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OV W, 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 Pan 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 ofadditional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OV W, as appropriate) during the period of performance for this award, if the recipient is designated as "high - risk" for purposes of(he DOJ high -risk grantee list. 21. Compliance with DOJ regulations pertaining to civil rights and nondiscriminadon - 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 of28 C.F.R. Pan 42 that relate to an equal employment opportunity program. 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Pan 54 The recipient, and any subrecipient ("subgrantec") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipicnt ("subgran(ee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrocipients that arc faith -based or religious organizations. The text of 28 C.F.R. Pan 38 is available via the Electronic Code of Federal Regulations (currently accessible at httpsJ/www.ecfr.gov/cgi-bintECFR?pagc=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under a-CFR "current" data. OUP FORM 4000R (REV. 4-89) Initial Department of Justice (DOJ) Office ofJustice Programs ANVARD CONTINUATION F Bureau of Justice Assistance SHEET PAGE 9 OF 31 0`~'�` Grant PROIECr NUMBER 2020-DJ-BX4410 AWARD DATB 09/192020 SPECIAL CONDITIONS 14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrccipicnt ("subgmntec") 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 ("subgmntees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the DIP web site at hrps://ojp.gov/funding/Explore/PmhibitedConduct-Tmfriicking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and ON 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 unda 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minars. This mquiremcnt applies regardless of an individual's employment status. The details of this requirement am posted on the DIP web site at httpsJ/ojp.gov/funding/Explordtnteract-Minars.hn (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, rainings, and other events The recipient, and any subrecipient ("subgrantce") at any tier, must comply with all applicable laws, mgulations, 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 DOI). 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 "DOI 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 manna (including within the timefmmes) specified by DIP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 18. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgmntec") at my tier -- develops or delivers with OJP award funds must adhere to the DIP Training Guiding Principles for Grantees and Subgrarimcs, available at https://ojp.gov/funding/Implement/fminingPrincipimForGmntces-Subgmntm.htm. OR FORM 40002 (REV. 4.88) /I Department of Justice (Doi) 4? Office of Justice Programs AWARD CONTINUATION t Bureau of Justice Assistance SHEET PACE 12 OF 31 Grant PROJECT NUMBER 2020-DJ-BX-0"O AWARD DATE 09/19/2020 SPECIAL CONDITIONS 27. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipicnt ("subgmntec") 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 infomlation. 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 relater to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. I. 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 learrss or is notified that 11 is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption oQ 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 ("subgram"), 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 teams or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORM 400ar2 (REV. 4.93) Department of Justice (DOJ) Office ofJustice Programs AWARD CONTINUATION R Bureau of Justice Assistance SHEET PAGE I I OF JI Grant PROJECTNUMBER 2020-DJ.BXM10 AWARD DATE 09/19/2o2o SPECIAL CONDITIONS 24. Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OR 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 kderal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OR from being used by the recipient, or any subreepient 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. subgmnt, 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 OR 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 2020) The recipient, and any subrecipient ("subgrantee"j at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https9/ojp.gov/funding/Explore/FY20Approprio6onsRmtrictions.him, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) Would or might fall within the scope of an appropriations -law restriction, the recipient is to contact DIP 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") at any tier, must promptly refer to the DOJ Office, of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other Oman 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 010 by -{I) online submission accessible via the DIG webpage a(hitps://oigjmiicc.govlhotline/conmcl..gsanm.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspect. eneral, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Avc., NW, Washington, DC 20 ; and/or (3) by facsimile directed to the DOJ DIG Investigations Division (Ann: Grantee Reporting) at (202) 616-285) (fax). Additional information is available from the DOJ OIG website at helps://o CUP FORM 40Wr2 (REV. <-BB)' Initial Department of Justice (DOJ) Office ofJustice Program AWARD CONTINUATION - Bureau of Justice Assistance SHEET PAGE 14 or n 0�"�,,0 Grant PROJECTNUMBER 2020-DJ-BX-04a0 AWARD DATE 09/1912020 SPECIAL CONDITIONS 31. Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: information -communication resrictions; unallowable costs; notification L 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 wholly or partly with award funds is subject to any "information -communication restriction." B. Also, 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, described in par. LA of this condition) that would be reimbursed wholly or partly with award funds was subject to any infarmmion-communication restriction. C. Any dmwdown 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 dmwdown, the recipient and each subrecipient (regardless of tier) described in par. LA of this condition, is in compliance with the award condition entitled "Noninterference (within the funded'program or activity') with federal law enforcement: information -communication restrictions; 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) described in par. LA of this condition, may be subject to any information - communication restriction. Also, any subaward (at any tier) to a subrecipient described in paragraph LA of this condition 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 dacrbed in par. LA of this condition must provide that the subrecipient may riot 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 sul recipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds tha4 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 ... information - communication restrictions; 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 ... information -communication restrictions; ongoing compliance" condition. B. Both the "Rules ofCorstmetion" and the "Important Note" set out in the "Noninterference ... information - communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full. OJP FOAM 400012 (REV.4.89) #— Initial Depamnent of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 13 OF 31 Grant PROJECT NUMBER 2020-D1-DX-0040 AWARODATE 09r19R020 SPEC/AL COND?IONS 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 employees disclosure of information related to grass 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, role, or regulation related to a federal grant. The recipient also most 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 OV W, as appropriate) for guidance. 29. Encouragement of policies to ban text messaging white driving Pursuant to Executive Order 13313, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October I, 2009), DOJ encourage recipients and subrecipients ("subgramecs") 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 OUP by email at OJP.ComplimccReponing@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 concems with the recipient. The recipient's disclosure must include The following: I. The federal awarding agency that currently designates the recipient high risk, 2. The dale 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. OJP FORM 4000Q (REV. 4.68) *_ Initial Deparuncrrt of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION i Bureau of Justice Assistance SHEET PACE 18 OF }i Grant PROJECT NUMBER 2020-DJ.BX.0440 AWARD DATE 09/19no2o SPFCIAL CONDITIONS 33. Noninterference (within the funded "program or aetivity'l with federal taw enforcement: infomurtian-communication restrictions; ongoing compliance 1. With respect to the "program or activity" funded in whole or pan under this award (including any such program or activity of any sutemipient 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 sowing or receiving information regarding citizenship or immigration stants to/from DNS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status tolfrom/with DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information - communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring ofsubrecipient 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 am 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 subrecipicnl 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 goverment" include any agency or other entity thcmof (including any public institution of higher education), but not any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, comet tcd, or directly funded (in whole or in substantial pan) 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. 2000d4a). (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 (ley mean under that section 1101, except that "Stale" also includes American Samoa. (5)"DHS" means the U.S. Department of Homeland Security B. Nothing in this condition shall he understood to authorize or require any recipient, my subrecipiem at any tio, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including my 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 400M (REV. 4.881 IDltldi Department of Justice (1301) Office of Justice programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 15 OF 11 0 Grant PROJECI'NUMBER 2020-D1-113(4440 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 32. Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement: infarmadencotnmunication restrictions; unallowable costs; notification 1. If the recipient is a "Slate," 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 pan 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, described in paragraph LA of this condition) that would be reimbursed in whole or in pan 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 DIP that, as of the date the recipient requests the dmwdown, the recipient and each subrecipient (regardless oftier) described in paragraph LA of this condition, is in compliance with the award condition entitled "No use of funds to interfere with federal law enforcement: inl'orrnationcommunication restrictions; 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) described in paragraph LA of this condition, may be subject to any information -communication restriction. In addition, any subaward (at any tier) to a subrecipient described in paragraph LA of this condition most 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 described in paragraph LA of this condition 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 pan with award hinds is subject to any information -communication restriction. 3. Absent an express written determination by DOI to the contrary, based upon a finding by DOI 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, DOI 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 ... information -communication restrictions; ongoing compliance" award condition. 4. Rules of Construction . A. For purposes of this condition "information -communication restriction" has the meaning set out in the "No use of funds to interfere... information -communication restrictions; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere ... information -communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full. ON FORM 40002 (REV. 4.88) Initial 0B Department of Justice (DOJ) E Once of Justice Programs AWARD CONTINUATION t Bureau of Justice Assistance SHEET PAGE 18 OF n �`�� Grant ' PROJECT NUMBER 2020-DI-BX4440 AWARDDATE 09/19/2020 O1P SPECIAL CONDITIONS 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 my tier). I. 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 Stales 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 subreeipient compliance with this condition. 3. Allowable costs To the extent that such costs arc not mimbursed 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-enforecmcnt information" means law -enforcement -sensitive information communicated or made available, by the fedeml 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 oraask-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (o*r oduruesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "dew-enforcA[e'nl-sensitive information" means records or information compiled for any law - enforcement purpos (4) the term "publ' . sclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipiento any tier) that is a government entity. B. Both the rV. es of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program wactivity") with federal law enforcement: information -communication restrictions; ongoing compliance" award coalition are incorporated by reference as though set forth here in full. (REV. 4-88) F Department of Justice (DOJ) { Office of Justice Programs AWARD CONTINUATION I! Bureau of Justice Assistance SHEET PACE n OF 31 Grant PROIECTNUMBER 2020-D3-8X4"0 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 34. No use of funds to interfere with federal law enforcement: information -communication restrictions; ongoing compliance 1. Throughout the period of performance, no Slate or local government entity, -agency, or official may use funds under this award (including under any subaward, at any tiff) to prohibit or in any way restrict-- (1) any govemmem entity or official from sending or receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status totfrom(with DHS, or from maintaining such information. 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, nceessary, 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 (including any public institution ofhigher education), but not 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 pan) 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. 2000,1 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 "Stale" also includes American Samoa. (5) "DHS" means the U.S. Department of Homeland Security. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any Slate 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. OR FORM 40M (REV.4.88) Initial Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 20 OF 11 V Grant PROJECT NUMBER 2020�D1-BX-0440 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 37. '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 pan) 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. I. Noninterference with "removal' process: Notice of scheduled release date and time Consonant with federal taw enforcement statutes — including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 9"ay "removal period" during which the federal government '"I" 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 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 only as practicable (see pars. 4.C. below) — advance notice to DNS of the scheduled release date and time for a particular alien, its State or local government (ar government. contracted) correctional facility receives from DNS a formal written request pursuant to the uA that sceks such advance notice. 2. Monitoring The recipients monitoring responsibilities include monitoring ofsubrecipient compliance with this condition. 3. Allowable costs To the extent that such costs am trot reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. Nothing in this condition shall be understood to authorize at require any recipient, any subrccipient at any tier, any State or local government, or any other entity or individual to maintain (or dew in) any individual in custody beyond the date and time the individual otherwise would have been released. B. Applicability (1) Current DNS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DNS Form 1-247A (3117)). If (e.g., in light of the date Df1S made such request) the scheduled release date and time for an ahem are such as not to allow for the advance notice that DNS 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 DNS requests for detention. C. Both the "Rules of Constmetion" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal low enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. DfP PORM 400a2 (REY.4•aa) Initial Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 19 OF 31 Crnnt PROIECTNUMBER 2MO.D1-BX4440 AWARD DATE 09119n02O SPECIAL CONDITIONS 36. No use of funds to interfere with federal law enforcement: No public disclosure of certain law -enforcement -sensitive information SCOPE. This condition applies as of the date flit recipient accepts this award, and throughout the remainder of the period of performance. Its provisions muse be among those included in any subaward (at any tier). 1. No use of funds to interfere: No public disclosure of federal law -enforcement infortnation 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 lawemforeement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive fromjustice under 18 U.S.C. ch. 49, or my alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and aliecabie casts (if any) of actions (ag., training) designed to ensum compliance with this condition. 4. Rules of construction A. For purposes of this condition— (1) the term "abed' means what it means under section 101 of the immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "fedeml law -enforcement information" means law-enforcernmi-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 airy database„ (2) in connection with any law enforcement paencrship or dask-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any decootliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "taw-enfommrnt-scnsitive information" means records or information compiled for any law - enforcement purpose; and (4) the two "public disclosure' means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipicat (at any tier) that is a government entity. B. Both the "Rules of Construction' and the "Important Note" set out in the "No use of funds to interfere with federal law enforcement: infomtation-communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full. O)P FORM 4000n (REv. 4-88) InNiai Depamnent of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION tf Bureau of Justice Assistance SHEET PAGE 21 OF 31 Grant PROJECTNUMBER 2020-1)J-BX-0 0 AWARDOATE 09/19/2020 SPECIAL CONDITIONS 38. 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 perfonrsance. Its provisions must be among those included in any subaward at any tier. I. 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 Slate 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 apolitical subdivision of the State... with respect to the incarceration of [an) undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall lake into custody" certain criminal aliens "when the alien is released'l; and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- no State or local government entity, -agency, or - official (including a government -contracted correctional facility) may use funds under this award to interfere with the "removal" process by failing to provide — as early as practicable (see pare. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, ifa State or local government (or govemment-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 subrecipimi compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local govemment, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. B. Applicability - (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as p5Vcable (at [east 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 arc such as not to allow for the advance notice that $ has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practi (2) Current DHS practice is to use the same form for a second, distinct purpose -- to reque . - at en individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT en pass such DHS requests for detention. 2 111 C. Both the "Rules of Construction" and the "Important Note" set out in the "No law enforcement: Interrogation of certain aliens" award condition are incorporat in full. _ .-I OR FORM 40M (REV.4-49) f funds to interfere with federal reference as though set forth here Initial .. Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION 1 Bureau of Justice Assistance SHEET PACE 22 OF )I t Orent PROJECT NUMBER 2020­D)-BX4M0 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 39, Noninterference (within the funded "program or activity") with federal taw enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" funded (wholly or panty) by this award, as of the date the recipient accepts the award, and throughout the rest of the award period of performance. Its provisions most be among those included in any subaward (at any tier). I. Noninterference with statutory law enforcement access to concelional facilities Consonant with federal taw enforcement statutes and regutations--inctuding 8 USC 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 U.S., and 8 CFR 287.5(a), under which that power may be exercised "anywhere in or outside" the U.S.»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 acccss to any State or local government (or govemmenheontmcted) conventional 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 reeipicats monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are act 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 sm. 101 of the Immigration and Nationality Act (INA) (8 USC I t01(a)(3)), except that, with respect to ajuvenile offender, it means "criminal alien." (2) The term "juvenile offcnder"means what it means under 28 CFR 31.3D4(o (as in effect on Jan. I, 2020). (3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of. (a) conviction described in 8 USC 1227(a)(2), or (b) conduct described in 8 USC 1227(a)(4). (4) The term "conviction" means what it means under 8 USC t I01(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.) (5) The term "correctional facility" means what it means under 34 USC 10251(a)(7)) as of Jonuary 1, 2020. (6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that - (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating OR FORM 40M (REV. 4-89) Department of Justice (DOJ) Office of Justice Programs 4')o Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 23 OF 11 i PROIECTNUMBER 2020-D1-fIX-0410 AWARD DATE 09/19Q020 i SPECIAL CONDITIONS (7) "State" and "local government' include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (8) A "public' institution of higher education is 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.") (9) "Program or activity" means what it means under 42 USC 2000d4a. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any Stale 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. aP FORM aotron (REV. a -sal Initial "e Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION J j Bureau of Justice Assistance SHEET PAGE 24 OF 31 0J Grant PROJECr NUMBER 2020-D)-BX,0W AWARD DATE 09/1942020 SPECIAL CONDITIONS 40. Nome 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). 1. No use of funds to interfere with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations — including 8 USC 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 CFR 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"interrogal[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 submeipicnt compliance with this condition. 3. Allowable costs To the extent that such costs arc 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) (8 USC 1101(a)(3)), except that, with respect to ajuvenile offender, it means "criminal alien." (2) The term 'juveni le, offender' means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020). (3) The term "criminal alien" means, with respect to ajuvenile offender, an alien who is deportable on the basis of — (a) conviction described in 8 USC 1227(a)(2), or (b) conduct described in 8 USC 1227(a)(4). (4) The term "conviction" means what it means under 8 USC 1101(a)(48). (Adjudication of ajuvenile as having committed an offense does not constitute "conviction" for purposes of this condition.) (5) The tens "correctional facility" means what it means under the title 1 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 USC 10251(a)(7)). (6) The torte "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, role, or practice, that — (a) is designed to prevent or to significantly delay or complicate, or OUP FORM 400N2 (REV.4-88) Initial Depatment of Justice (DO]) Office of Justice Programs AWARD CONTINUATION 0) Bureau of Justice Assistance SHEET PACE 25 OF at Grant PROJECTNUMRER 2020AYRX-0440 AWARD DATE n9J19Ro2o SPECIAL CONDITIONS (b) has the effect of preventing or of significantly delaying or complicating. (7) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (8) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial pan) by a State or local govemment. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (9) "Program or activity" means what it means under 42 USC 206Qd-4a. 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 taw. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be dimted to OUP, before award acceptance. 4). Requirement to wile 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 ofhigher 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 Enforecmmt (ICE)." All subrecipient responses most be collected and maintained by the recipient, consistent with document retention requirements, and must be made available to DOU upon request. Responses to these questions are not required from subrecipients that are either a tribal govemm rat/organization, a nonprofit organization, or a private institution of higher educaion. 42. Cooperating with DIP Monitoring The recipient agrees to cooperate with DIP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures. and to cooperate with OUP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to DIP all documentation necesanry for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrm to abide by reasonable deadlines set by OR 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 mcipiem's access W award funds; referral to the DOI DID for audit review; designation of the recipient as a DOI High Risk grantee; or termination of an award(s). DIP FORM 400M (REV. 449) Department of Justice (DOJ) Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 26 OF 81 0t" `� Grant pe PROJECTNUMBER 2020.D1-Bx-0440 AWARD DATE 09/19no2o SPECIAL CONDITIONS 43. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to repair first -tier subawards ("subgmnts") of $25,000 or mom and, in cenain circumstances, in report the names and total compensation of the Eve most highly compensated executives of the recipient and first -tier subrecipiems (first -tier "subgranias") 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 OR web site at hitpsl/ojp.gov/fmding/Explom/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and arc incorporated by reference here. This condition, including its mpor'.ing 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., untelated to any business or non-profit organisation that he or she may own or operate in his or her nano). 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 submcipient 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. 45. Use ofpmgmm income Program income (as defrred in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Pad 200 Uniform Requirements. Program income eamings and expenditures both must be repotted on the quarwly Fedem! Financial Report, SF 425. 4C Justice Information Sharing Information sharing projects funded under this award must comply with DOPs 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_grnntcondition. The recipient (and any subrecipirnt 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 altem i tive approach is recommended. 47. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by EIJA 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 requitement would not be cost effective or would impair the functionality of an existing or proposed IT system. 48. Compliance with 28 C.F.R. Pan 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. Pan 23 occur, the recipient may be fined as pis 34 U.S.C. 10731(e)-(d). The recipient may net satisfy such a fine with federal Enrds. CUP FORM 4000/2 (REV.4-88) 4 Initial Department of Justice (DOJ) Office ofJustice Program AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 27 OF 31 ~'""Ff Grant PROJECT NUMBER 202aDJ-BX-0"0 AWARD DATE 09119R020 SPECIAL CONDITIONS 49. Protection of human research subjects The recipient (and any suhrecipient at any tier) must comply with the requirements of 28 C.F.R. Pan 46 and all OJP politics 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 am 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. Pan 22 and, in particular, 28 C.F.R. 22.23. 51. Verification and updating of recipient contact information The recipient must verify its Point of COnumt(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and email address. If my information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 52. Law enforcement task (ones -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 (intemet-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 ON awards include this requirement. The required training is available free of charge online through the WA -funded Center for Task Force Integrity and Leadership (www.etlli.org). The training addresses task force effectiveness, as well as other key issues including Privacy and civil libertiesirights, task force performance measurement, personnel selection, and task fume oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel rester, along with course completion certificates. Additional information regarding the training is available through BMs web site and the Center for Task Force Integrity and Leadership (www.etfli.org). 53. Justification ofeonsultantmte 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 OR program once prior to obligation or expenditure of such funds. OIP FORM 1OOOR IREV. 4-68) "t* Initial Department of Justice (DOJ) Office of Justice Programs r 1) Bureau of Justice Assistance t AWARD CONTINUATION SHEET PACE 29 Of 11 Grant I PROIECTNUMBER 2020-DJ-BX-WO AWARD DATE D9/192020 I SPECIAL CONDITIONS 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 IS U.S.C. 922 and 34 U.S.C. ch. 409 — if the recipient (or any subrecipicnt at any tier) uses this award to fund (in whole or in pan) a specific project or program (such w a law enforcement, prosecution, or court program) that results in any court dispositions, infomialion, or other meords that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICE), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevont 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 most update, cancer. modify, or remove such NICS- relevant "eligible records". In the event ofmimrr and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including submeipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. OJP I N& 40t1M (REV. 4.89) Initial Department of Justice (DO1) Office oflustice Programs AWARD CONTINUATION tti\.if Bureau of Justice Assistance SHEET PAGE 29 OF 31 0 Grant PROJECTNUMBER 2020-DJ-BX4W0 AWARD DATE 09/19020 SPECIAL CONDITIONS 55. 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 Ain, (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 recipien: agrees to first determine if any of the following activities will be funded by the grunt, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third parry, 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 am: 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 Welland, 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 sin; 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 once, household, recreational, or education environments; and _ c. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seiztue, or closure of clandestine methamphelamine 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:/Ibja.gov/Funding/nepa.hni, 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 he 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. 56. Establishment of owl fund If award funds arc 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 interrst-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including my interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byme Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the tout 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 GIP at the time of closeout. OJP FORM 4t100R (REV.4-aft) Initial Department of Justice (DOJ) ORceofJusticePrograms AWARD CONTINUATION (1-)) Bureau of Justice Assistance SHEET PAGE a0 OF 11 Grant PROJECT NUMBER 2020-DJ-BX.0"O AWARD DATE 09/19R020 SPECIAL CONDITIONS 57. Prohibition on use of award funds for match under BVP program JAG funds may rat be used as the 50°/4 match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 58. Certification of body arum "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. 59. Body armor -compliance with NU standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with JAG award funds maybe 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:/inij.gov/topics technology/body-arnwr/Pages/compliant-ballistic-armor.wpx). In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as act forth in 34 U.S.C. 10202(c)(1)(A). The latest NU standard information can be found here: https:/ / nij.gov/ topics/ technology/ body -armor/ Fages/ safety-initistive.aspx. 60. Body armor -impact on eligibility for other program funds The recipient understands that theme of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). 61. Reporting requirements The recipient must submit quarterly Federal Financial Reports (SFA25) and semi-annual performance reports through OJP's GMS (httpsl/gmnts.cjp.usdcj.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 (httpsJ/bjapmt.ojp.govo. 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. 62. 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 mining that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. OJP FORM 400o2 (REV. 4.8E) Initial ""ku.. Department of Justice (DO7) "A• Officeafluslice Programs AWARD CONTINUATION BUreaUOi Justice Assistance SHEET PAGE 31 OF Jt Grant PROJECTNUMBER 2020-1)1-ax.0440 AWARD DATE 09/1912020 SPECIAL CONDITIONS 63. Expenditures prohibited without waiver No funds under this award maybe expended an 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. 64, JAG FY 2020 -Authorization to obligate (federal) award funds to reimburse certain project casts incurred an or after October I, 2019 [B1Aj Authorization to obligate(federal) award funds to reimburse certain pmjat costs incurred on or after October 1, 2019 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, 2019), however, the recipient may choose to incur pmject 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 Rod when the recipient makes a valid acceptance ofthis award and OR 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 "ao-risk" earlier during the period ofperformimm, (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- 65. Use of funds for DNA testing; upload afDNA profiles If award funds are used for DNA testing ofcvidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the 1780 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. Awatd funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may - be. pted for entry into CODIS. 66. E.ncygem mt of submission of "success stories" BJAstrongly 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 hupsl I www.hja.gov/ Logm,aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at httpsl I www.bja.gov/ profile.aspx. Oace 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 End approved by BJA, all success stories will uppear on the BJA Success Story web page at https;/ i www.bja.gov/ SuccessStoryLiscasp i, OJP FORM 40M (REV. 4-88). Initial CWDepartment of Justice (DOJ) Office of Justice Programs Bureau ojJustice Assistance ft,hi.& ,D.C. 205J1 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Fayetteville The Edward Byme Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation. Plan will be required. For more information about Mitigation Plan requirements, please see https://www,bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Initial Department of Justice (DOI) 4 GRANT MANAGER'S MEMORANDUM, PT. l: olrmcorJustixPragams PROJECTSUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER PAGE I OF i 2020-pl-BX-0440 This project is supported under FY20(9JA -JAG State and JAG local) Title I of Pub, L No. M351 (generally codified at 34 U.S.C. HH01-10726), including sttbpan I of pan E (codiged at 34 U.S.C. 10151 - 101S8); sm also 28 U.S.C. 530C(a) 1. STAFF CONTACT (Name & %leptone number) 2. PROJECT DIRECTOR (Nam, oddress & a@phone number) Dawn K. Hill Wink Newman (202)598-7513 Fisml Offcet 100 West Rock Street Fayetteville, AR 72701-6057 (479)587-3581 3a. TITLE OF THE PROGRAM 36. POMS CODE (SEE INSTRUCTIONS JAG Local: Eligible Allocation Rrmuna S25.000 or Marc ON REVERSE) 4_ TrTLE OF PROJECT 2020 JAG Loral Solicitation 5. NAME &. ADDRESS OF GRANTF'c 6. NAME & ADRESS OF SUBGRANfEE City of Fayetteville 100 W Rock Street Suite A Fayetteville, AR 72701-6191 7. PROGRAM PERIOD 8. BUDGET PERIOD , FROM: 10/012019 TO: 09/3012023 FROM: 10/01/2019 TO'. 09130R023 9. AMOUNT OF AWARD 10,DATEOFAWARD $ 49,439 09/192020 11. SECOND YEAR'S BUDGET 12. SECOND YEARS BUDGET AMOUNT I3. THIRD YEAR'S BUDGET PERIOD t4. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (Sea instruction on reverse) The Edward Byme Mammal Justice Assistance Great (JAG) Program shows states and unit, of local government, including lobes, an suppon a broad mete of activities to pmvent and control aim bused on their own state and local needs and coMitions. Grant funds can be used for style and local initiatives, technical usisance, training, personnel, equipment, supplies, comeatual suppon, end information systems for erimimljustice, including for any as or mom of the following program ems: 1) law enforcement Programs: 2) prosecalion and court Programs; 3) prevention and education program; 4) courectios and community corrections programs; 5) drug treatment and enrorument programs; 6) planning, evaivuket, and technology impmcmnal programs; and 7)anme victim and witness fragment ful=than compenmtion) and 8) metal health programs and related law enrommnsent and eom ctions programs, This JAG award will be used to suppon criminal justice initiatives drat fall under one or mom of the allowable program areas above. Funded Programs or initiatives may include muldjm$dictiosl data and gang ask tones, arm Prevention and domestic violence programs, count, coreenions, tmnmenLjustice information OJP FORM 40M (REV. 448) sharing initiatives, or other programs aimed at reducing crime and/or enhancing publiclolLccr safety. NCn/NCF Initial City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division POLICE (200) 2020 1 /Org2 Adjustment Number Requestor: W. Newman BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Establish revenue and expense budgets for reconciliation of the 2020 Justice Assistance Grant Local Solicitation award. COUNCIL DATE: 10/20/2020 LEGISTAR FILE ID#: 2020-0806 HoVy Black. 912812020 11:46 AM Budget Director TYPE: JOURNAL #: Date GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: / TOTAL 49,439 49,439 v.20200820 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project SUb.Dett AT Account Name 1010.200.2920-4309.01 - 49,439 39022 2020 RE Federal Grants - Operational 1010.200.2920-S210.00 12,800 - 39022 2020 EX Minor Equipment 1010.200.2920-5304.00 22,940 39022 2020 EX Travel & Training 1010.200.2920-5738.00 13,699 39022 2020 EX Transfer to - Washington County Sheriff HABudget Adjustments\2020_8udget\City Council\ 1 0-20-2020\2020-0806 Police JAG award M.