HomeMy WebLinkAboutR-2020-055 City Authorizing to Retroactively Execute a First Amendment to the Memorandum of Understanding w/ City of Pompano Beach fro the 2018 Award from the Dept. of Justice Edward Byrne Memorial RESOLUTION NO. 2020-055
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
RETROACTIVELY EXECUTE A FIRST AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING WITH THE CITY OF POMPANO
BEACH FOR THE 2018 AWARD FROM THE DEPARTMENT OF JUSTICE
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE FORMULA GRANT;
AUTHORIZING THE EXECUTION OF SUBRECIPIENT AGREEMENT TO
PROPORTIONATELY DISTRIBUTE THE GRANT FUNDING AMONGST
GRANT RECIPIENTS; AND AUTHORIZING THE SUBMITTAL BY THE CITY
FOR THE SAME GRANT FOR FISCAL YEAR 2019; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City of Dania Beach is eligible to receive funding from the Department of
Justice under the Edward Byrne Memorial Justice Assistance Formula Grant; and
WHEREAS,originally the Broward Sheriff's Office acted as the lead agency for seeking the
grant funds,however,in the intervening years,the City of Pompano Beach volunteered to apply for
the grant, on behalf of multiple Broward County agencies and cities, including the City of Dania
Beach; and
WHEREAS,as Pompano Beach is now the lead agency,the Department of Justice required
the execution of a First Amendment to the underling Memorandum of Understanding authorizing
Pompano Beach to act as the lead agency on behalf of all the participating agencies entitled to
receive the grant award, including the City of Dania Beach; and
WHEREAS,the City of Dania Beach is seeking retroactive authorization to execute the First
Amendment to the Memorandum of Understanding with the City of Pompano Beach, which First
Amendment authorizes Pompano Beach to distribute the awarded funds to the participating agencies,
including the City of Dania Beach, by proportionate percentage representation; and
WHEREAS,the City seeks to accept the proportionate percentage of the grant award,and to
utilize a portion of the grant to support a regional crime analyst's position with the Broward Sheriff's
Office ($7,500.00), and the remainder of the grant to be used for operational overtime to add
additional resources to combat crime; and
WHEREAS,the City of Dania Beach administration requests retroactive authorization to
enter into the necessary agreements for the City of Dania Beach to receive the 2018 Department of
Justice Edward Byrne Memorial Justice Assistance Local Solicitation Grant Program funds and the
associated sub-recipient distribution of grant fund agreement with the City of Pompano Beach;and
WHEREAS,the City of Dania Beach administration also requests authorization to apply for
the 2019 Department of Justice Edward Byrne Memorial Justice Assistance Local Solicitation Grant
Program for a funding award, under the lead of Pompano Beach; and
WHEREAS the City Police Chief recommends and the Administration supports City
Commission approval of the grant, the First Amendment to the Memorandum of Understanding
between the City of Dania Beach, City of Pompano Beach and the Department of Justice, and the
associated sub-recipient agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the proper City officials are authorized to execute the attached First
Amendment to the Memorandum of Understanding with the Department of Justice for the Edward
Byrne Memorial Justice Assistance Formula Grant, the sub-recipient agreement with the City of
Pompano Beach,as lead recipient for the grant funding to proportionately distribute the funding;and
authorizing the City to submit the 2019 application for additional grant funding under the
Department of Justice for the Edward Byrne Memorial Justice Assistance Formula Grant.
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions to the above referenced agreement as are deemed necessary and proper for the best interests
of the City.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 5. That this Resolution shall become effective immediately upon its passage and
adoption.
2 RESOLUTION#2020-055
PASSED AND ADOPTED on June 9, 2020.
ATTEST:
THOMAS SCHNEIDER, CMC te► O LE ELLEN
CITY CLERK �'q8 7 MAYOR
tISHE�
APPROVED AS FORM AND CORRECTNESS:T
Al
T S' . A BR
CITY ATTORNEY
3 RESOLUTION#2020-055
FIRST AMENDMENT
THIS IS A FIRST AMENDMENT TO THE 2018 EDWARD BYRNE JUSTICE
ASSISTANCE LOCAL SOLICITATION GRANT MEMORANDUM OF UNDERSTANDING
(MOU)dated the day of ,2020,between the Participating
Agencies listed below:
City of Coral Springs City of Hollywood City of Pembroke Pines
City of Dania Beach City of Lauderdale Lakes City of Plantation
Town of Davie City of Lauderhill City of Pompano Beach
City of Deerfield Beach City of Miramar City of Sunrise
City of Fort Lauderdale City of North Lauderdale City of Tamarac
City of Hallandale Beach City of Oakland Park
WHEREAS,the Participating Agencies entered into the MOU effective on October 1, 2017,
and approved by City Resolution No. 2019-27; and
WHEREAS, the participating agencies wish to include Broward County as a Participating
Agency; and
WHEREAS, the Department of Justice (DOJ) has requested the parties update the MOU to
reflect the actual grant amount awards received by each jurisdiction under the JAG in order to exactly
match their grant budgets and sub-grant agreements and so that the MOU reflects the total grant
amount; and
WHEREAS, the participating agencies agree to amend certain terms and conditions of the
MOU.
WITNESSETH :
IN CONSIDERATION of the mutual terms, conditions,promises, covenants and payments
herein set forth the participating agencies agree as follows:
1. Each"WHEREAS" clause set forth above is true and correct and herein incorporated
by this reference.
2. The terms and conditions contained within the MOU between the Participating
Agencies, effective October 1, 2017, a copy of which is attached hereto and made a part hereof as
Exhibit "A," shall remain in full force and effect except as specifically amended herein below.
3. The Participating Agencies hereto agree to add Broward County as a Participating
Agency.
4. That the MOU Procedure section's list of awards table is hereby deleted and replaced
with the following award table:
2018 EDWARD BYRNE MEMORIAL JAG
AWARDS
Jurisdiction Name Award Amount
Broward County 20,187.90
City of Coral Springs 14,039.10
City of Dania Beach 11,526.30
Town of Davie 15,912.00
City of Deerfield
Beach 21,619.80
City of Fort
Lauderdale 81,675.90
City of Hallandale
Beach 15,096.60
City of Hollywood 43,041.60
City of Lauderdale
Lakes 17,477.10
City of Lauderhill 37,289.70
City of Miramar 28,980.90
City of North
Lauderdale 14,039.10
City of Oakland Park 15,162.30
City of Pembroke
Pines 21,796.20
City of Plantation 17,696.70
City of Pompano
Beach* 111,951.80
City of Sunrise 17,036.10
City of Tamarac 11,349.90
Total $515,879
First Amendment between the City of Pompano Beach and Page 2 of 5
*Ten percent (10%) of the total grant award shall be used for administrative
purposes; City of Pompano Beach shall receive an administrative fee of ten
percent (10%) in the amount of fifty one thousand five hundred eight seven
even
dollars and ninety cents ($51,587.90) for costs associated with the
implementation of the 2018 JAG.
5. This Agreement shall bind the parties and their respective executors, administrators,
successors and assign and shall be fully effective as though the extension had been originally included
in the Agreement.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK
First Amendment between the City of Pompano Beach and Page 3 of 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year hereinabove written.
Attest: CITY OF POMPANO BEACH
By:
ASCELETA HAMMOND, CITY CLERK REX HARDIN, MAYOR
By:
(SEAL) GREGORY P. HARRISON, CITY MANAGER
APPROVED AS TO FORM:
MARK E. BERMAN, CITY ATTORNEY
First Amendment between the City of Pompano Beach and Page 4 of 5
SIGNATURE PAGE FOR PARTICIPATING AGENCY
First Amendment between the City of Pompano Beach and Page 5 of 5
pompano
020beach-
Norm's Warmest welcome
SUBRECIPIENT AGREEMENT BETWEEN CITY OF POMPANO BEACH,
AND FOR
Edward Byrne Memorial Justice Assistance Grant Program
This is a Subrecipient Agreement ("Agreement"), made and entered into by and between City of
Pompano Beach, a municipal corporation organized and existing under the laws of the State of Florida
("City") and ("Subrecipient"), (collectively
referred to as the"Parties").
A. The U.S. Department of Justice("DOJ") has identified Broward County as a "disparate"County.
B. The City is a recipient of federal Edward Byrne Memorial Justice Assistance Grant ("JAG')funds.As
a non-federal pass-through entity for this program,the City subawards JAG funds to eligible units of
government. All subawards made by the City to eligible units of government under this program
require compliance with this Agreement upon signed acceptance of the subaward.
C. The Subrecipient has been identified as an eligible jurisdiction able to implement the objectives and
goals of the JAG program,Catalogue of Federal Domestic Assistance("CFDA") Number 16.738.
D. The parties have entered a Memorandum of Understanding pertaining the subject funds but the DOJ
and City require a more extensive, individual subreceipent agreement in the form herein.
E. This Agreement must be consistent with the requirements outlined in 2 CFR 200.331, the Federal
Uniform Administrative requirements, Cost Principals, and Audit Requirements for Federal Awards
found in Title 2 Grants and Agreements, Part 200.
NOW THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth,the Parties agree as follows:
SECTION I: PURPOSE
This Agreement establishes the relationship between the Parties for participation in the FY 2018 Edward
Byrne Memorial Justice Assistance Grant(JAG) Local Solicitation Grant Program(Award Number 2018-DJ-
BX-0884). The Federal Award Identification Number is 2018-DJ-BX-0884 and the Federal Award Date to
the City was October 1, 2018. Pursuant to the Federal Funding Accountability and transparency Act
(FFATA)the Federal award project description for the Subrecipient is individually summarized in Exhibit A
attached hereto and incorporated by reference.
Page-1-of 20
Upon acceptance of the subaward, the terms and conditions outlined herein will become binding. As a
unit of government, the Subrecipient will maintain required state and federal registrations and
certifications for eligibility under this program. The Subrecipient must submit required programmatic and
financial reports documenting that eligible activities were completed in accordance with the grant and
program requirements.
SECTION II: AWARD
The Subrecipient's grant award is as follows:
Subrecipient's Name Subaward Amount
The City will only reimburse Subrecipient for authorized activities. The City will not reimburse for costs
incurred for any purpose other than those specified in this Agreement. Failure to comply with provisions
of this Agreement, including failure to perform grant activities as specified in this Agreement, will result
in required corrective action up to and including financial consequences.A financial consequence may be
imposed for non-compliance in accordance with 2 C.F.R. § 200 and this Agreement, including but not
limited to project costs being disallowed,withholding of federal funds and/or termination of the project
Grant funds must not to be used for research and development and the Grant funds must not be used for
lobbying. Funds allocated under this Agreement shall not be used for prohibited expenditures found in
34 U.S.C. § 10152(d),42 U.S.C. §3751, or other prohibited expenditures as identified within the grant.
SECTION III: METHOD OF BILLING AND PAYMENT
Subrecipient may submit invoices for compensation no more often than on a monthly basis,but only after
the activities for which the invoices are submitted have been completed. An original invoice transmitted
electronically is due within fifteen (15) days of the end of the month except the final invoice which must
be received no later than thirty (30) days after expiration or earlier termination of this Agreement.
Invoices must designate the nature of the activities completed and, as applicable, the personnel, hours,
tasks, or other detail as requested by the City. All payments made to Subrecipient are contingent upon
approval of the City.
Invoices shall be submitted to:
City of Pompano Beach
Suite#480, Finance Department
Attn: Melody Major
100 West Atlantic Blvd.
Pompano Beach, FL 33060
Melody.Maior@copbfl.com
Page-2-of20
SECTION IV: TERM
The term of this Agreement and the subaward period of performance shall begin retroactive to October
1,2017 and shall end on September 30,2021. The continuation of this Agreement beyond the end of any
City fiscal year is subject to the appropriation and availability of necessary funding from the JAG Program.
SECTION V: GENERAL REQUIREMENTS
Subrecipient must comply with all requirements contained within the JAG Grant's special conditions
attached hereto and marked as Exhibit C Award#2018-DJ-BX-0884) applicable to Subrecipient's portion
of the funds. Additionally,Subrecipient must comply with requirements set forth in the current edition
of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide),
http://ofp.gov/financiaiguide/DOJ/Pdfs/2015 DOJ FinancialGuide.pdf, the Edward Byrne Memorial
Justice Assistance Grant program guidance, federal statutes, regulations, policies, guidelines and
requirements and Florida laws and regulations including but not limited to:
• Office of Management and Budget(OMB) Uniform Grant Guidance(2 C.F.R.§200)Subpart A
Definitions,Subparts B-D Administrative Requirements,Subpart E Cost Principals,Subpart F Audit
Requirements and all applicable Appendices. This guidance supersedes previous OMB Circulars
and Standard Conditions and is applicable to any new subawards made under Federal grants
awarded on or after December 26, 2014 http://www.ecfr.gov/cgi-bin/text-
idx?SID=62764122c780e5d1d2134127afadc30d&node=2:1.1.2.2.1&rgn=div5
• Code of Federal Regulations:www.gpo.gov/fdsys/
2 C.F.R. § 175.15(b),"Award Term for Trafficking in Persons"
28 C.F.R.§38, "Equal Treatment of Faith-Based Organizations"
28 C.F.R.§66, "U.S.Department of Justice Common Rule for State and Local Governments"(Common
Rule)
28 C.F.R. §83, "Government-Wide Requirements for Drug-Free Workplace(Grants)"
28 C.F.R. §§ 18, 22, 23,30, 35,42, 61, and 63
• Public Law
Pub. L. No. 109-162,Title XI-Department of Justice Reauthorization,Subtitle B—Improving the
Department of Justice's Grant Programs,Chapter 1—Assisting Law Enforcement and Criminal
Justice Agencies,Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block
Grant Program: http://www.eoo.eov/fdsys/qkg/PLAW-109oubII62/odf/PLAW-
109pub1162.ndf.
• United States Code:www.apo.gov/fdsys/
42 U.S.C.§§3711 et seq.,"Omnibus Crime Control and Safe Streets Act of 1968."
• State of Florida General Records Schedule GS1-SL for State and Local Government Agencies:
htto://dlis.dos.state.fl.us/barm/genschedules/GS2-2008-Rev2010.r)df.
Page-3-of20
SECTION VI: STANDARD CONDITIONS
Subrecipient is bound by the following standard conditions:
6.1 Payment Contingent on Appropriation and Availability of Funds—The City's obligation to reimburse
Subrecipient for costs incurred under this Agreement is subject to the availability of federal funds
and annual appropriation by the City Commission of the City of Pompano Beach, Florida.
6.2 System for Award Management (SAM)—Subrecipient must maintain current information in SAM
until it submits the financial report required under this award or receives the final payment,
whichever is later. This requires the Subrecipient to review and update the information at least
annually after the initial registration, and more frequently if required by changes in its information
or another award term.
6.3 Commencement of Project — If a project is not operational within 60 days after the date of full
execution of this Agreement, Subrecipient must report by letter to the City, the steps taken to
initiate the project,the reasons for delay,and the expected start date.
6.3.1 If a project is not operational within 90 days after the date of full execution of this Agreement,
the Subrecipient must submit a second statement to the City explaining the implementation
delay.
6.3.2 Upon receipt of the ninety(90) day letter,the City will determine if the reason for the delay
is justified or will, at the City's discretion, unilaterally terminate this agreement. The City,
where warranted by extenuating circumstances may extend the starting date of the project
past the ninety(90)day period, but only by formal written amendment to this agreement.
6.4 Supplanting—Subrecipient acknowledges that funds received under this award will not be used to
supplant state or local funds but will be used to increase the amounts of such funds that would, in
the absence of federal funds, be made available for law enforcement activities.
6.5 Personnel Changes—Upon implementation of the project, in the event there is a change in Chief
Officials forthe Subrecipient or any contact information to include mailing address,phone number,
email or title change, project staff must notify the DOJ Grants Management System (GMS) help
desk to update the organizational information in GMS. Project director changes require a grant
adjustment in GMS.
6.6 Non-Procurement, Debarment and Suspension —Subrecipient must comply with 2 C.F.R. § 180,
"OMB Guidelines to Agencies on Government Wide Debarment and Suspension (Non-
procurement)." These procedures require Subrecipient to certify that it will not enter into any
lower tiered covered transaction with a person who is debarred,suspended,declared ineligible or
is voluntarily excluded from participating in this covered transaction,unless authorized by the City.
6.7 Federal Restriction on Lobbying—Subrecipient must comply with 28 C.F.R.§69,"New Restrictions
on Lobbying" and must file the most current edition of the Certification and Disclosure Form, if
Page-4-of20
applicable, with each submission that initiates consideration of such Subrecipient for award of a
federal contract,grant,or cooperative agreement. In addition,the Subrecipient must not use any
federal funds, either directly or indirectly, in support of the enactment, repeal, modification or
adoption of any law, regulation or policy, at any level of government, without the express prior
written approval of the OJP.
6.8 The Coastal Barrier Resources Act - Subrecipient must comply and assure the compliance of all
contractors with the provisions of the Coastal Barrier Resources Act (Pub. L. No. 97-348) dated
October 19, 1982 (16 U.S.C. §§3501 et seq.)which prohibits the expenditure of most new federal
funds within the units of the Coastal Barrier Resources System.
6.9 Enhancement of Security-If funds are used for enhancing security,Subrecipient must:
6.9.1 Have an adequate process to assess the impact of any enhancement of a security measure
that is undertaken on the incidence of crime in the geographic area where the enhancement
is undertaken.
6.9.2 Conduct such an assessment with respect to each such enhancement and submit to the City,
the aforementioned assessment in its Final Program Report.
6.10 Intentional Deleted-
6.11 Conferences and Inspection of Work-Conferences may be held at the request of any Party to this
agreement. At any time, a representative of the City, the U.S. Department of Justice, or the City
Auditor, have the right to visit the project site to monitor, inspect and assess activities performed
under this agreement.
6.12 Insurance Requirements-Subrecipient is an entity subject to Section 768.28, Florida Statutes,and
will be fully responsible for the acts and omissions of its agents or employees to the extent
permitted by law. Subrecipient must furnish verification of liability protection in accordance with
state law prior to final execution of this agreement.
SECTION VII: CIVIL RIGHTS REQUIREMENTS
7.1 Federal laws prohibit recipients of financial assistance from discriminating on the basis of race,color,
national origin, religion, sex, disability, or age in federally funded programs or activities. The
Subrecipient must comply with any applicable statutorily-imposed nondiscrimination requirements,
which may include the Omnibus Crime Control and Safe Streets Act of 1968(42 U.S.C.§ 3789d);the
Victims of Crime Act(42 U.S.C. § 10604(e));The Juvenile Justice and Delinquency Prevention Act of
2002 (42 U.S.C. §5672(b));the Civil Rights Act of 1964(42 U.S.C. § 2000d);the Rehabilitation Act of
1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the
Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination Act of
1975 (42 U.S.C. §§ 6101-07);and Department of Justice Non-Discrimination Regulations 28 C.F.R. §
42;see Ex.Order 13279 (equal protection of the laws for faith-based and community organizations).
7.2 The City does not discriminate on the basis of race, color, religion, national origin,sex, disability, or
age.Subrecipient must notify program participants and beneficiaries that they do not discriminate
Page-5-of20
on the basis of race,color, national origin, religion,sex,disability,or age in the delivery of services,
benefits,or employment practices.
7.3 Subrecipient is responsible for ensuring that contractors and agencies to whom it passes through
funds are compliant with all Civil Rights requirements and that those contractors and agencies are
aware that they may file a discrimination complaint with the Subrecipient,with the City or with the
Office for Civil Rights (OCR), and how to do so.
7.4 Equal Employment Opportunity Plans
7.4.1 The Subrecipient must develop EEO Plans if they have 50 or more employees and have
received any single award of$25,000 or more from the Department of Justice.The plan must
be prepared using the online short form at www.owp.usdoo.gov/about/ocr/eeop comply.htm,
must be retained by the Subrecipient and must be available for review and audit. The
organization must also submit an EEO Certification to the City.
7.4.2 If the Subrecipient is required to prepare an EEO Plan and has received any single award of
$500,000 or more from the DOJ, it must submit its plan to the DOJ for approval. A copy of
the DOJ approval letter must be submitted to the City. The approval letter expires two years
from the date of the letter.
7.4.3 The Subrecipient is exempt from the EEO Plan requirement if it has fewer than 50 employees;
does not receive any single award of $25,000 or more from the DOJ; or is a nonprofit
organization, a medical or educational institution, or an Indian Tribe. If an organization is
exempt from the EEO Plan requirement, it must submit an EEO Certification of Exemption to
the City.
7.4.4 The Subrecipient acknowledge that failure to comply with EEO requirements within 60 days
of the project start date may result in suspension or termination of funding,until such time
as it is in compliance.
7.5 Americans with Disabilities Act-Subrecipient must comply with the requirements of the Americans
with Disabilities Act(ADA)(Pub.L.No. 101-336),which prohibits discrimination by public and private
entities on the basis of disability and requires certain accommodations be made with regard to
employment (Title 1), state and local government services, and transportation (Title II), public
accommodations(Title III),and telecommunications (Title IV).
7.6 Rehabilitation Act of 1973(28 C.F.R.§42(G))-If Subrecipient has 50 or more employees and receives
DOJ funding of$25,000 or more, it must take the following actions:
7.6.1 Adopt grievance procedures that incorporate due process standards and provide for the
prompt and equitable resolution of complaints alleging a violation of DOJ regulations
implementing Section 504 of the Rehabilitation Act of 1973,found at 28 C.F.R.§42(G),which
prohibits discrimination on the basis of a disability in employment practices and the delivery
of services.
Page-6-of20
7.6.2 Designate a person to coordinate compliance with the prohibitions against disability
discrimination contained in 28 C.F.R. §42(G).
7.6.3 Notify participants, beneficiaries, employees, applicants, and others that the Subrecipient
does not discriminate on the basis of disability.
7.7 Limited English Proficiency(LEP) - In accordance with DOJ Guidance pertaining to Title VI of the
Civil Rights Act of 1964 (42 U.S.C. § 2000d), recipients of federal financial assistance must take
reasonable steps to provide meaningful access to their programs and activities for persons with LEP.
For more information on the civil rights responsibilities that recipients have in providing language
services to LEP individuals, please see the website at www.lep.gov. The City strongly encourages
Subrecipient to have a written LEP Language Access Plan.
7.8 Immigration and Nationality Act-No federal funds will intentionally be awarded to any contractor
who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C.§ 1324a(e),Section 274A(e)of the Immigration and Nationality Act
("INA"). The City will consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Subrecipient of the employment provisions
contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this contract
by the City.
SECTION Vill: FINANCIAL REQUIREMENTS AND RESPONSIBILITIES
8.1 Fiscal Control and Fund Accounting Procedures
8.1.1 All expenditures and cost accounting of funds shall conform to the Office of Justice Programs
Financial Guide, the Common rule, and OMB Uniform Grant Guidance (2 C.F.R. § 200) as
applicable, in their entirety.
8.1.2 Subrecipient must have written procedures for procurement transactions. Procedures must
ensure that all solicitations follow 2 C.F.R. § 200.319 Competition. The Subrecipient is
required to establish and maintain adequate accounting systems and financial records and
to accurately account for funds awarded to them. Subrecipient must have financial
management systems in place that are able to record and report on the receipt, obligation,
and expenditure of grant funds. An adequate accounting system for a Subrecipient must be
able to accommodate a fund and account structure to separately track receipts,
expenditures,assets,and liabilities for awards, programs,and subrecipients.
8.1.3 All funds spent on this project must be disbursed according to provisions of the project budget
as approved in the JAG subaward.
Page-7-of20
SECTION IX: SUBAWARD MANAGEMENT AND REPORTING REQUIREMENTS
9.1 Obligation of Subrecipient Funds-Subaward funds shall not under any circumstances be obligated
prior to the effective date or subsequent to the termination date of the period of performance. Only
project costs incurred on or after the effective date and on or prior to the termination date of the
Subrecipient's project is eligible for reimbursement. All payments must be completed within thirty
(30)days of the end of the subaward period of performance.
9.2 Performance
9.2.1 Subaward Performance - The Subrecipient must comply with state and federal requirements
for subaward performance under 2 C.F.R.§§200.76 and 200.77. The subaward must describe
the timing and scope of expected performance as related to the outcomes intended to be
achieved by the project activities. Where appropriate, the subaward should provide specific
performance goals,indicators, milestones,or expected outcomes(such as outputs,or activities
completed or public impacts of any of these)with an expected timeline for accomplishment.
Submitted programmatic reports must clearly articulate, where appropriate, performance
during the execution of the award has met a standard against which the Subrecipient's
performance can be measured. These requirements should be aligned with agency strategic
goals,strategic objectives, or performance goals that are relevant to the program.
9.2.2 Performance of Agreement Provisions-In the event of default;non-compliance;or violation of
any provision of this Agreement by the Subrecipient, the Subrecipient's consultants and
suppliers, or both, t h e C i t y may impose sanctions it deems appropriate against
Subrecipient, including withholding payments, cancellation, termination, or suspension of this
Agreement in whole or in part. In such event,the City will notify the Subrecipient of its decision
thirty (30) days in advance of the effective date of such sanction. The Subrecipient will be
reimbursed only for those activities satisfactorily completed prior to the effective date of such
sanction.
9.2.3 Reports-Subrecipient must submit Monthly Project Performance Reports to the City, within
fifteen (15) days after the end of the reporting period. In addition, if the subaward period is
extended beyond the 'original" project period, additional Monthly Project Performance
Reports must be submitted.
9.2.3.1 Report Contents: Performance Reports must include to the status of all objectives
included in the subaward. A detailed response is required in the narrative portion for
yes/no performance objectives. The narrative must also reflect on accomplishments
for the quarter and identify problems with project implementation and address
actions being taken to resolve the problems. Additional information may be required
if necessary to comply with federal reporting requirements.
9.2.3.2 Submission Process, Frequency and Format: Performance Reports may be submitted
by the Subrecipient's representative and Performance Reports must be submitted
Page-8-of20
quarterly titled General Information Module, Goals and Objectives Module,
Activity/Program Selection Module and Law Enforcement Module in a format required
by the City and/or DOJ.
9.3 Financial Expenditure Reports
9.3.1 Subrecipient must submit a Monthly Project Expenditure Report to the City.
9.3.2 All project expenditures for reimbursement of Subrecipient costs must be submitted on the
City's Expenditure Report Forms.
9.3.3 All Project Expenditure Reports must be submitted in sufficient detail for proper pre-audit
and post-audit.
9.3.4 Before the"final" Project Expenditure Report will be processed,Subrecipient must submit to
t h e C i t y, all outstanding project reports and must have satisfied all special conditions.
Failure to comply with the above provisions may result in forfeiture of reimbursement.
9.3.5 Reports are to be submitted even when no reimbursement is being requested.
9.3.6 Reports must be electronically signed by the Subrecipient's Chief Financial Officer or the
Chief Financial Officer's designee.
9.4 Other Reports - Subrecipient must submit the Uniform Crime Report and other reports as may be
reasonably required by the City.
SECTION X: MONITORING AND AUDITS
10.1 Access to Records—The City, U.S. Department of Justice, U.S. Comptroller General or any of their
duly authorized representatives, must have access to books,documents, papers and records of the
Subrecipient related to the subaward, for the purpose of audit and examination according to the
Financial Guide and the Common Rule.
The City reserves the right to unilaterally terminate this Agreement if the Subrecipient refuses to
allow public access to all documents, papers, letters, or other materials subject to provisions of
Section 119, Florida Statutes,unless specifically exempted and/or made confidential by operation of
Section 119, Florida. Statutes, and made or received by the Subrecipient or its contractor in
conjunction with this Agreement.
10.2 Monitoring-Subrecipient must comply with the City's grant monitoring guidelines, protocols, and
procedures;and cooperate with the City on all grant monitoring requests,including requests related
to desk reviews, enhanced programmatic desk reviews, site visits, contract reviews and audits.
Subrecipient must provide all documentation necessary to complete monitoring of the subaward
and verify expenditures. Further, Subrecipient must abide by reasonable deadlines set by the City
for providing requested documents. Failure to cooperate with grant monitoring activities may result
Page-9-of20
in sanctions affecting the Subrecipient's subaward, including, but not limited to:withholding and/or
other restrictions on the Subrecipient's access to funds, referral to the City Auditor for audit review,
designation of the Subrecipient as a High-Risk grantee,or termination of award(s).
10.3 Property Management-Subrecipient must establish and administer a system to protect, preserve,
use, maintain,and dispose of any property furnished to it by the City or purchased pursuant to this
Agreement consistent with federal property management standards set forth in the Office of Justice
Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local
Governments,or 2 C.F.R.§ 200,as applicable. This obligation continues as long as the Subrecipient
retains the property, notwithstanding expiration of this Agreement.
10.3.1 Property Use - Subrecipient must use equipment acquired under a Federal award for the
authorized purposes of the project during the period of performance, or until the property
is no longer needed. Subrecipient must use, manage,and dispose of equipment acquired
under a Federal award in accordance with 2 C.F.R. § 200.313, "Equipment".
10.4 High Risk Subrecipients-Subrecipient must comply with any additional requirements that may be
imposed during the grant performance period if the City or the DOJ determines the Subrecipient
is a high-risk grantee.Cf. 28 C.F.R. §§66,70.
10.7 Reporting, Data Collection and Evaluation - Subrecipient must comply with all reporting, data
collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the
program guidance for JAG. Compliance with these requirements will be monitored by the City.
10.8 Retention of Records—Subrecipient must maintain all records for a minimum of five(5)years from
the date of the financial statement and such records must be available for audit and public
disclosure upon request. Subrecipient must comply with State of Florida General Records
Schedule GS1-SL for State and Local Government Agencies:
http://dos.myflorida.co m/med is/693574/gene ra I-records-sched u legs01-s I.pdf
http://dos.mvflorida.com/media/693578/gsO2.pdf.
10.9 Single Annual Audit
10.9.1 A Subrecipient that expends$750,000 or more in a year in federal awards must have a single
audit or program-specific audit conducted for that year. The audit must be performed in
accordance with 2 C.F.R.§200(F)Audit Requirements and other applicable federal law. This
Agreement must be identified in the Schedule of Federal Financial Assistance in the subject
audit. The audit report must be identified as federal funds passed through the City and
include the contract number, award amount, contract period, funds received, and funds
disbursed.
10.9.2 A complete audit report that covers any portion of the effective dates of this Agreement
must be submitted within 30 days after its completion, but no later than nine (9) months
after the audit period. In order to be complete, the submitted report must include any
Page-10-of20
management letters issued separately and management's written response to all findings,
including audit report and management letter findings. Incomplete audit reports will not
be accepted by the City.
10.9.3 Audits must be completed by an Independent Public Accountant (IPA) and according to
Generally Accepted Government Auditing Standards (GAGAS). The IPA must be either a
Certified Public Accountant or a Licensed Public Accountant. Subrecipient must procure
audit activities according to 2 C.F.R. § 200.509 and include clear objectives and scope of
the audit in addition to peer review reports to strengthen audit quality and ensure effective
use of audit resources.
10.9.4 Subrecipient must promptly follow-up and take appropriate corrective action for any
findings on the audit report in instances of noncompliance with federal laws and
regulations, including but not limited to preparation of a summary schedule of prior audit
findings and a corrective action plan. Subrecipient follow-up to audit findings must abide
by requirements in 2 C.F.R. §200.511.
10.9.5 Subrecipient must make copies available for public inspection and ensure respective parts
of the reporting package do not include protected personally identifiable information.
Records must be made available upon request for a period of three(3)years from the date
the audit report is issued,unless extended in writing by the City.
A Subrecipient that expends less than $750,000 in federal awards during a fiscal year are
exempt from the audit requirements of 2 C.F.R. § 200(F)for that fiscal year. In this case,
written notification, which can be in the form of the "Certification of Audit Exemption"
form, must be provided to the City by the Chief Financial Officer, or designee, that the
Subrecipient is exempt. This notice must be provided to the City no later than June 30
following the end of the fiscal year.
10.9.6 If this Agreement is closed without an audit, The City reserves the right to recover any
disallowed costs identified in an audit completed after such closeout.
10.9.7 The Federal Audit Clearinghouse is the repository of record for 2 C.F.R. § 200(F). Audits
performed as a result of this requirement must be completed and submitted to the Federal
Audit Clearinghouse within the earlier of thirty (30) calendar days after receipt of the
auditor's report(s),or nine(9)months after the end of the audit period. Submissions must
include required elements described in Appendix X to Part 200 on the specified Data
Collection Form (Form SF-SAC) and be signed by a senior level representative or chief
official of the auditee.
Page-11-of20
IN WITNESS WHEREOF,the Parties hereto have made and executed this Agreement:
AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND SUBRECIPIENT FOR THE
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
"CITY"•
Witnesses: CITY OF POMPANO BEACH
By:
REX HARDIN, MAYOR
By:
GREGORY P. HARRISON, CITY MANAGER
Attest:
(SEAL)
ASCELETA HAMMOND
CITY CLERK
Approved As To Form:
MARK E. BERMAN
CITY ATTORNEY
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instruments were acknowledged before me this day of
, 2020, by REX HARDIN as Mayor, GREGORY P. HARRISON as City Manager and
ASCELETA HAMMOND as City Clerk of the City of Pompano Beach, Florida, a municipal corporation, on behalf
of the municipal corporation,who are personally known to me.
NOTARY'S SEAL: NOTARY PUBLIC,STATE OF FLORIDA
(Name of Acknowledger Typed, Printed or Stamped)
Page-12-of20
Commission Number
SUBRECIPIENT
CITY of
By:
Page-13-of20
EXHIBIT A
Project Description
Eighteen jurisdictions within Broward County will benefit from the grant award which will provide a range
of criminal justice related activities that will assist local law enforcement efforts and local initiatives to
include:technology improvement programs, personnel,equipment,and training. The goal of the project
is to utilize funds designated for County municipalities to deter crime and increase public safety. .
The Subrecipient's project is generally described as:
(insert project general description)
Page-14-of20
EXHIBIT B
2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
PROGRAM BUDGET
ACCOUNT CATEGORY BUDGETED AMOUNT
Personnel
Fringe Benefits
Equipment
Supplies
Training
Other
Indirect cost
Administrative Fees
Total Subaward to $
Subrecipient
SUBRECIPIENT'S BUDGET NARRATIVE
(insert general budget narrative)
Page-15-of20
SUBGRANT AWARD CERTIFICATE
Subrecipient's Name: DUNS No.
Federal Award Date: 10/01/2018 Project Title: 2018 Byrne JAG Grant
Subaward Period of Performance Start Date:07/01/2020 End Date:09/30/2021
Grant Number: 2018-DJ-BX-0884
Federal Award Identification No.: 2018-DJ-BX-0884 Federal Funds: $ [insert
amount City receives]
Federal award project period: 10/01/2017 to
09/30/2021
Federal award project description:
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local
government, including tribes,to support a broad range of criminal justice related activities based on their
own state and local needs and conditions.Grant funds can be used for state and local initiatives,technical
assistance, training, personnel, equipment, supplies, contractual support, and information systems for
criminal justice, including for any one or more of the following purpose areas: 1) law enforcement
programs;2) prosecution and court programs;3) prevention and education programs;4) corrections and
community corrections programs;5)drug treatment and enforcement programs;6) planning,evaluation,
and technology improvement programs; 7) crime victim and witness programs (other than
compensation); and 8) mental health programs and related law enforcement and corrections programs,
including behavioral programs and crisis intervention teams.
Name of the Federal Awarding Agency: Department of Justice
Pass-through entity:City of Pompano Beach
Contact information for the awarding official:
Greg Harrison
City of Pompano Beach
100 West Atlantic Blvd.
Suite#430, Finance Department
Pompano Beach, FL 33060
Greg.Harrison@copbfl.com
Is the Award for Research and Development(R&D)? No
Indirect cost rate for the Federal award: N/A
Page-16-of20
CFDA Number: 16.738
Award is hereby made in the amount and for the period shown above of a subgrant under Part E of Title
I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1of such part (42
U.S.C.3751-3759);the Consolidated Appropriations Act,2008,Public Law 110-161;and Public Law 109-
162,Title XI,Department of Justice Reauthorization,Subtitle B,Improving the Department of Justice's
Grant Programs, Chapter 1, Assisting Law Enforcement and Criminal Justice Agencies,Section 1111.
Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program, to the above
mentioned subgra ntee and subject to any attached or special conditions.
This award is subject to all applicable rules,regulations,and conditions as contained inthe Office of Justice
Programs (OJP) Financial Guide,Common Rule for State and Local Governments,or OMB Uniform Grant
Guidance (2 CFR Part 200),in their entirety. It is also subject to the attached standard conditions and
such further rules, regulations and policies as may be reasonably prescribed by the State or Federal
Government consistent with the purposes and authorization of P.L. 90-351,as amended,and P.L. 100-
690.
This award is a cost-reimbursement agreement for satisfactory performance of eligible activities.
Requests for reimbursement may be submitted quarterly or monthly as designated in the Financial
Section of the agreement. Requestsfor reim bu rsementwill be processed in conjunction with receipt and
review of programmatic performance reports to determine successful completion of minimum
performance fordeliverables.Expenditures must be supported with documentation and verified during
annual monitoring. Failure to comply with provisions of this Agreement,or failure to meet minimum
performance specified in the Agreement will result in required corrective action up to and including
project costs being disallowed, withholding of federal funds and/or termination of the project, as
specified within the terms of the Agreement and OMB Uniform Guidance 200.338-200.342.
This grant shall become effective on the beginning date of the grant period provided that within 30 days
from the date of award,a properly executed Certificate of Acceptance of Subgrant Award is returned to
the City.
Subrecipient:
By:
Department of
day of 20_
Date of Acceptance
Page-17-of20
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The Subrecipient through its authorized representative,acknowledges receipt and acceptance of subgrant
award number 2018-DJ-BX-0884, inthe amount of $ ,[for the description of the
project submitted by Subrecipient in this grant application, for the period of 07/01/2020 through
09/30/2021,to be implemented in accordance with the approved subgrant application,andsubjecttothe
City's Standard Conditions and any special conditions governing this subgrant.
Thissubaward requires that the Subreciplent adhere to the following:
No recipient or Subrecipient,or entity that receives a 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 restrict, the reporting of waste, fraud or abuse in
accordance with the law to a department or agency authorized to receive such information. This is not
intended to contravene requirements applicabletoclassified,sensitive orexemptinformation.
In accepting this award, the Subgrantee certifies that it neither requires nor has required employees or
contractorsto sign such internal confidentiality agreements or statements.
The Subrecipient undertakes a review to validate its compliance with 8 U.S.C.§ 1373. If determined to be in
compliance atthe time of review,the Subrecipient must submit documentation that contains a validation to
that effect and includes an official legal opinion from counsel (including related legal analysis) adequately
supportingthe validation.
If the Subrecipient determines it is not in compliance at the time of review,sufficient and effective steps must
be taken to bring itself into compliance. They will thereafter submit documentation that details the steps
taken,which will contain a validation that it has come into compliance and includes an official legal opinion
from counsel(including related legal analysis).
Subrecipient
By:
Department of
day of 20_
Page-18-of20
ATTESTATIONS AND CERTIFICATIONS
This form is required to be completed by the authorized official,or authorized official designee,of all Subgrantee
units of government receiving Edward Byrne Memorial Justice Assistance Grant (JAG) program federal pass-
through funding from the City. In accepting this award, the subgrantee certifies that it will comply with the
requirements set forth below and/or any other requirements of the subaward. Failure to do so may result inahold
or freeze on the drawdown of federal funds,and/or suspension or termination of the Agreement.
Procurement Standards: The Su bgrantee,through itsauthorized representative,certifies the unit of government
below has written procurement policies and standards that are compliant with the requirements set forth in the
Office of Management and Budget (OMB) Uniform Requirements,2 C.F.R. §§200.317-326, and OJP Financial
Guide,Section 3S.Additionally,the Subgrantee assures these policies and standards will be utilized for all federal
grant related procurement activities
Conflict of interest: Decisions related to use of these grant funds must be free of undisclosed personal
organizational conflicts of interest, both in fact and in appearance. The subgrantee,through its authorized
representative,certifies that the unit of government below is compliant with OMS Uniform Requirements,
2C.F.R. § 200.112, and OJP Financial Guide Section 3.21 regarding Conflict of Interest, and will notify the
City, in writing of any potential conflicts of interest in accordance with this Agreement. The recipient must
disclose in a timely manner, in writing,all violation of state or federal criminal law involving fraud, bribery,
or gratuity violations.
Organization Name:
By:
Department of
day of 20_
Page-19-of20
EXHIBIT C
Grant Award and Special Conditions
Page-20-of20
U.S.Department of Justice
Office of Justice Programs
Bureau of Justice Assistance Grant PAGE 1 OF 23
1 RECIPIENT NAME AND ADDRESS(Including Zip Code) 4 AWARD NUMBER: 2018-DJ-BX-0884
City of Pompano Beach
100 W.Atlantic Blvd 5.PROJECT PERIOD:FROM 10/01/2017 TO 09/30/2021
Pompano Beach,FL 33060-6099
BUDGET PERIOD.FROM 10/01/2017 TO 09/30/2021
6 AWARD DATE 10/01/2018 7.ACTION
2a.GRANTEE IRSNENDOR NO 8.SUPPLEMENT NUMBER Initial
481194085 00
2b.GRANTEE DUNS NO.
080181167 9.PREVIOUS AWARD AMOUNT $0
3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $515,879
FY 18 JAG Grant
11 TOTAL AWARD $515,879
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
This project is supported under FY18(BJA-JAG State&JAG Local)Title I of Pub.L.No.90-351(generally codified at 34 U.S.C.10101-10726),including
subpart I of part E(codified at 34 U.S.C.10151-10158);see also 28 U.S C.530C(a)
14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number)
16.738-Edward Byrne Memorial Justice Assistance Grant Program
15.METHOD OF PAYMENT
GPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16 TYPED NAME AND TITLE OF APPROVING OFFICIAL 18 TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Matt Dummermuth Greg Harrison
Principal Deputy Assistant Attorney General City Manager
17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A DATE
AGENCY USE ONLY
20.ACCOUNTING CLASSIFICATION CODES 21. TDJUGT1090
FISCAL FUND BUD DIV
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 115879
OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PACE 2 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
1. Requirements of the award;remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any certifications or assurances
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.
Failure to comply with any one or more of these award requirements--whether a condition set out in full below,a
condition incorporated by reference below,or a certification or assurance related to conduct during the award period--
may result in the Office of Justice Programs("OJP")taking appropriate action with respect to the recipient and the
award. Among other things,the OJP may withhold award funds,disallow costs,or suspend or terminate the award.
The Department of Justice("DOJ"),including OJP,also may take other legal action as appropriate.
Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment
or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S.C.10271-10273),and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise(including under 31 U.S.C.3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this
award.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted
and supplemented by DOJ in 2 C.F.R.Part 2800(together,the'Part 200 Uniform Requirements")apply to this FY
2018 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this FY 2018 award
supplements funds previously awarded by OJP under the same award number(e.g.,funds awarded during or before
December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that
are obligated on or after the acceptance date of this FY 2018 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"),see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient(and any subrecipient("subgrantee")at
any tier)must retain--typically for a period of 3 years from the date of submission of the final expenditure report(SF
425),unless a different retention period applies--and to which the recipient(and any subrecipient("subgrantee")at
any tier)must provide access,include performance measurement information,in addition to the financial records,
supporting documents,statistical records,and other pertinent records indicated at 2 C.F.R.200.333.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the
recipient is to contact OJP promptly for clarification.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 3 OF 23
i 3
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
3. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently,the"DOJ Grants Financial Guide"available at https://ojp.gov/fmancialguide/DOJ/index.htm),including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
4. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially
reclassified to a new Title 34,entitled"Crime Control and Law Enforcement."The reclassification encompassed a
number of statutory provisions pertinent to OJP awards(that is,OJP grants and cooperative agreements),including
many provisions previously codified in Title 42 of the U.S.Code.
Effective as of September 1,2017,any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to
Title 34.This nile of construction specifically includes references set out in award conditions,references set out in
material incorporated by reference through award conditions,and references set out in other award requirements.
5. Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully
completed an"OJP financial management and grant administration training"by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1,2016,will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or
FPOC must have successfully completed an"OJP financial management and grant administration training"by 120
calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new
POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful
completion of such a training on or after January 1,2016,will satisfy this condition.
A list of OJP trainings that OR will consider"OJP financial management and grant administration training"for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold("freeze")award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
6. Requirements related to"de minimis"indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis"
indirect cost rate described in 2 C.F.R.200.414(f),and that elects to use the"de minimis"indirect cost rate,must advise
OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200
Uniform Requirements. The"de minimis"rate may be applied only to modified total direct costs(MTDC)as defined
by the Part 200 Uniform Requirements.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
a 5 Bureau of Justice Assistance SHEET PAGE 4 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
7. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal
funds during the period of performance for this award,the recipient promptly must determine whether funds from any
of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the
identical cost items for which funds are provided under this award. If so,the recipient must promptly notify the DOJ
awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ
awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to
eliminate any inappropriate duplication of funding.
8. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management(SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients
(first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the
recipient)the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp.gov/funding/Explore/SAM.htm(Award condition: System for Award Management(SAM)and Universal
Identifier Requirements),and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to
any business or non-profit organization that he or she may own or operate in his or her name).
9. Requirement to report actual or imminent breach of personally identifiable information(PII)
The recipient(and any"subrecipient"at any tier)must have written procedures in place to respond in the event of an
actual or imminent"breach" (OMB M-17-12)if it(or a subrecipient)--1)creates,collects,uses,processes,stores,
maintains,disseminates,discloses,or disposes of"personally identifiable information(PII)" (2 CFR 200.79)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 OJP Program Manager no later than 24 hours after an occurrence of an actual breach,or the detection of an
imminent breach.
10. All subawards("subgrants")must have specific federal authorization
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that--for purposes of federal grants
administrative requirements--OJP considers a"subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https:Hojp.gov/funding/Explore/SubawardAuthorization.htm(Award condition: All subawards("subgrants")must have
specific federal authorization),and are incorporated by reference here.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
a Bureau of Justice Assistance SHEET PAGE 5 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
11. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed$150,000
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold(currently,$150,000). This condition applies to agreements that--for purposes of
federal grants administrative requirements--OJP considers a procurement"contract" (and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed$150,000)),and are incorporated by reference here.
12. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and
OJP authority to terminate award)
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including
requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the
part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm(Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP
authority to terminate award)),and are incorporated by reference here.
13. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and
other events
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations,
policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where
applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"DOJ Grants Financial Guide").
14. 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 OR in the manner(including within the timeframes)specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws.
15. OJP Training Guiding Principles
Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https:Hojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
k Bureau of Justice Assistance SHEET PACE 6 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
16. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold
award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits,
investigations,or reviews of DOJ awards.
17. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high-
risk"for purposes of the DOJ high-risk grantee list.
18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an
equal employment opportunity program.
19. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 54
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs."
20. 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,specifically including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries.
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 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantee")organizations that
engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and
subrecipients that are faith-based or religious organizations.
The text of the regulation,now entitled'Partnerships with Faith-Based and Other Neighborhood Organizations,"is
available via the Electronic Code of Federal Regulations(currently accessible at https://www.ecfr.gov/cgi-
bin/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under a-CFR"current"
data.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
$ i Bureau of Justice Assistance SHEET PAGE 7 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
21. Restrictions on'lobbying"
In general,as a matter of federal law,federal funds awarded by OJP may not be used by the recipient,or any
subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal,
modification,or adoption of any law,regulation,or policy,at any level of government. See 18 U.S.C.1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient,or any
subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of
Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or
cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending,
or modifying any such award. See 31 U.S.C.1352. Certain exceptions to this law apply,including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might
fall within the scope of these prohibitions,the recipient is to contact OJP for guidance,and may not proceed without the
express prior written approval of OJP.
22. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2018)
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes.Pertinent restrictions,including from various"general
provisions"in the Consolidated Appropriations Act,2018,are set out at
https:Hojp.gov/funding/Explore/FY18AppropriationsRestrictions.htm,and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might
fall within the scope of an appropriations-law restriction,the recipient is to contact OJP for guidance,and may not
proceed without the express prior written approval of OJP.
23. Reporting Potential Fraud,Waste,and Abuse,and Similar Misconduct
The recipient and any subrecipients("subgrantees")must promptly refer to the DOJ Office of the Inspector General
(OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other person
has,in connection with funds under this award--(1)submitted a claim that violates the False Claims Act;or(2)
committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar
misconduct.
Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the
OIG by--(1)mail directed to:Office of the Inspector General,U.S.Department of Justice,Investigations Division,
1425 New York Avenue,N.W.Suite 7100,Washington,DC 20530;and/or(2)the DOJ OIG hotline: (contact
information in English and Spanish)at(800)869-4499(phone)or(202)616-9881 (fax).
Additional information is available from the DOJ OIG website at https:Hoigjustice.gov/hotline.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
r Bureau of Justice Assistance SHEET PACE 8 OF 23
" Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
24. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or
subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in
accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended,and shall not be understood by the agency making this award,to contravene
requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to
sensitive compartmented information),or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award,the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or
contractors from reporting waste,fraud,or abuse as described above;and
b. certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,
or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt
written notification to the federal agency making this award,and will resume(or permit resumption of)such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or
both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,
fraud,or abuse as described above;and
(2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and
b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will
immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to
the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly
authorized to do so by that agency.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
,: Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 9 OF 23
a3
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
25. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees)
The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41
U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a
gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public
health or safety,or a violation of law,rule,or regulation related to a federal grant.
The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of
employee rights and remedies under 41 U.S.C.4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to
contact the DOJ awarding agency(OJP or OVW,as appropriate)for guidance.
26. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg.
51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease
crashes caused by distracted drivers.
27. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ
If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time
during the course of the period of performance under this award,the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include
the following:1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient
was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and
email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency.
28. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and
procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial
Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits. The
recipient agrees to provide to OR all documentation necessary for OF to complete its monitoring tasks,including
documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other
restrictions on the recipient's access to award funds;referral to the DOJ OIG for audit review;designation of the
recipient as a DOJ High Risk grantee;or termination of an award(s).
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
r Bureau of Justice Assistance SHEET PAGE 10 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
29. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards("subgrants")of$25,000 or
more and,in certain circumstances,to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds. The details of recipient
obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm(Award condition:Reporting Subawards and
Executive Compensation),and are incorporated by reference here.
This condition,including its reporting requirement,does not apply to--(1)an award of less than$25,000,or(2)an
award made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
30. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes,regulations,award
conditions,and the DOJ Grants Financial Guide,and must include the applicable conditions of this award in any
subaward.Among other things,the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients.The recipient agrees to submit,upon
request,documentation of its policies and procedures for monitoring of subawards under this award.
31. Use of program income
Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report,SF 425.
32. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing
Initiative(Global)guidelines.The recipient(and any subrecipient at any tier)must conform to the Global Standards
Package(GSP)and all constituent elements,where applicable,as described at:https://it.cjp.gov/gsp--gantcondition.
The recipient(and any subrecipient at any tier)must document planned approaches to information sharing and describe
compliance with the GSP and appropriate privacy policy that protects shared information,or provide detailed
justification for why an alternative approach is recommended.
33. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent
possible,existing networks as the communication backbone to achieve interstate connectivity,unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
34. Compliance with 28 C.F.R.Part 23
With respect to any information technology system funded or supported by funds under this award,the recipient(and
any subrecipient at any tier)must comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if
OF determines this regulation to be applicable.Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at
its discretion,perform audits of the system,as per the regulation.Should any violation of 28 C.F.R.Part 23 occur,the
recipient may be fined as per 34 U.S.C.10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
i
€ Bureau of Justice Assistance SHEET PAGE 11 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
35. Protection of human research subjects
The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R.Part 46 and all OJP
policies and procedures regarding the protection of human research subjects,including obtainment of Institutional
Review Board approval,if appropriate,and subject informed consent.
36. Confidentiality of data
The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of 34 U.S.C.10231
and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.The recipient further
agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R.Part 22 and,in particular,28 C.F.R.22.23.
37. Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized
Representative contact information in GMS,including telephone number and e-mail address. If any information is
incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System
(GMS)to document changes.
38. Law enforcement task forces-required training
Within 120 days of award acceptance,each current member of a law enforcement task force funded with award funds
who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,
must complete required online(internet-based)task force training.Additionally,all future task force members must
complete this training once during the period of performance for this award,or once every four years if multiple OF
awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and
Leadership(www.ctfli.org).The training addresses task force effectiveness,as well as other key issues including
privacy and civil liberties/rights,task force performance measurement,personnel selection,and task force oversight and
accountability.If award funds are used to support a task force,the recipient must compile and maintain a task force
personnel roster,along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force
Integrity and Leadership(www.ctfli.org).
39. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 12 OF 23
n�
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
40. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks--including 18 U.S.C.922 and 34
U.S.C.ch.409--if the recipient(or any subrecipient at any tier)uses this award to fund(in whole or in part)a specific
project or program(such as a law enforcement,prosecution,or court program)that results in any court dispositions,
information,or other records that are"eligible records" (under federal or State law)relevant to the National Instant
Background Check System(NICS),or that has as one of its purposes the establishment or improvement of records
systems that contain any court dispositions,information,or other records that are"eligible records" (under federal or
State law)relevant to the NICS,the recipient(or subrecipient,if applicable)must ensure that all such court
dispositions,information,or other records that are"eligible records" (under federal or State law)relevant to the NICS
are promptly made available to the NICS or to the"State"repository/database that is electronically available to(and
accessed by)the NICS,and--when appropriate--promptly must update,correct,modify,or remove such NICS-
relevant"eligible records".
In the event of minor and transitory non-compliance,the recipient may submit evidence to demonstrate diligent
monitoring of compliance with this condition(including subrecipient compliance). DOJ will give great weight to any
such evidence in any express written determination regarding this condition.
41. Certification of Compliance with 8 U.S.C.1373 and 1644(within the funded"program or activity")required for valid
award acceptance by a local government
In order validly to accept this award,the applicant local government must submit the required"State or Local
Government:FY 2018 Certification of Compliance with 8 U.S.C.1373 and 1644" (executed by the chief legal officer
of the local government). Unless that executed certification either--(1)is submitted to OJP together with the fully-
executed award document,or(2)is uploaded in OJP's GMS no later than the day the signed award document is
submitted to OJP,any submission by a local government that purports to accept the award is invalid.
If an initial award-acceptance submission by the recipient is invalid,once the local government does submit the
necessary certification regarding 8 U.S.C. 1373 and 1644,it may submit a fully-executed award document executed by
the local government on or after the date of that certification.
For purposes of this condition,"local government"does not include any Indian tribe.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
a Bureau of Justice Assistance SHEET PACE 13 of 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
42. Noninterference(within the funded"program or activity")with federal law enforcement:8 U.S.C. 1373 and 1644;
ongoing compliance
1.With respect to the"program or activity"funded in whole or part under this award(including any such program or
activity of any subrecipient at any tier),throughout the period of performance,no State or local government entity,-
agency,or-official may prohibit or in any way restrict--(1)any government entity or-official from sending or
receiving information regarding citizenship or immigration status as described in 8 U.S.C.1373(a);or(2)a government
entity or-agency from sending,requesting or receiving,maintaining,or exchanging information regarding immigration
status as described in either 8 U.S.C. 1373(b)or 1644.Any prohibition(or restriction)that violates this condition is an
"information-communication restriction"under this award.
2.Certifications from subrecipients.The recipient may not make a subaward to a State,a local government,or a
"public"institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C.1373 and
1644,properly executed by the chief legal officer of the government or educational institution that would receive the
subaward,using the appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm.
Also,the recipient must require that no subrecipient(at any tier)may make a further subaward to a State,a local
government,or a public institution of higher education,unless it first obtains a certification of compliance with 8
U.S.C. 1373 and 1644,properly executed by the chief legal officer of the government or institution that would receive
the further subaward,using the appropriate OJP form.
3.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
4.Allowable costs.Compliance with these requirements is an authorized and priority purpose of this award.To the
extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a
local government,or a public institution of higher education,incurs to implement this condition.
5.Rules of Construction
A.For purposes of this condition:
(1) "State"and"local government"include any agency or other entity thereof,but not any institution of higher
education or any Indian tribe.
(2)A"public"institution of higher education is defined as one that is owned,controlled,or directly funded(in whole or
in substantial part)by a State or local government. (Such a public institution is considered to be a"government entity,"
and its officials to be"government officials.")
(3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a).
(4)"Immigration status"means what it means under 8 U.S.C.1373 and 8 U.S.C. 1644;and terms that are defined in 8
U.S.C.1101 mean what they mean under that section 1101,except that"State"also includes American Samoa.
(5)Pursuant to the provisions set out at(or referenced in)8 U.S.C. 1551 note("Abolition...and Transfer of
Functions"),references to the"Immigration and Naturalization Service"in 8 U.S.C. 1373 and 1644 are to be read as
references to particular components of the Department of Homeland Security(DHS).
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,any public institution of higher education,or any other entity(or individual)to violate any
federal law,including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE:Any questions about the meaning or scope of this condition should be directed to OJP,before
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 14 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
award acceptance.
43. Authority to obligate award funds contingent on noninterference(within the funded"program or activity")with federal
law enforcement(8 U.S.C.1373 and 1644);unallowable costs;notification
1.If the recipient is a"State,"a local government,or a"public"institution of higher education:
A.The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient
(or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that is
funded in whole or in part with award funds is subject to any"information-communication restriction."
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 casts--the program or activity of the recipient(or of any subrecipient
at any tier that is a State,a local government,or a public institution of higher education)that would be reimbursed in
whole or in part with award funds was subject to any information-communication restriction.
C.Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation
by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and each subrecipient
(regardless of tier)that is a State,local government,or public institution of higher education,is in compliance with the
award condition entitled"Noninterference(within the funded'program or activity)with federal law enforcement:8
U.S.C.1373 and 1644 and ongoing compliance."
D.The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance
with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the
recipient,or of any subrecipient at any tier that is either a State or a local government or a public institution of higher
education,may be subject to any information-communication restriction.In addition,any subaward(at any tier)to a
subrecipient that is a State,a local government,or a public institution of higher education must require prompt
notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an
information-communication restriction.
2.Any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher
education must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the program
or activity of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with
award funds is subject to any information-communication restriction.
3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling
circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award
funds that,under this condition,may not be made shall be unallowable costs for purposes of this award.In making any
such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the"Noninterference...8 U.S.C. 1373 and 1644
and ongoing compliance"award condition.
4.Rules of Construction
A.For purposes of this condition"information-communication restriction"has the meaning set out in the
"Noninterference...8 U.S.C. 1373 and 1644 and ongoing compliance"condition.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference...8 U.S.C.1373 and
1644 and ongoing compliance"condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 15 OF 23
0 Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
44. Noninterference(within the funded"program or activity")with federal law enforcement:No public disclosure of
certain law enforcement sensitive information
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the
award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance.Its
provisions must be among those included in any subaward(at any tier).
1.Noninterference:No public disclosure of federal law enforcement information in order to conceal,harbor,or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law(including 8
U.S.C. 1324 and 18 U.S.C.chs. 1,49,227),no public disclosure may be made of any federal law enforcement
information in a direct or indirect attempt to conceal,harbor,or shield from detection any fugitive from justice under 18
U.S.C.ch.49,or any alien who has come to,entered,or remains in the United States in violation of 8 U.S.C.ch.12--
without regard to whether such disclosure would constitute(or could form a predicate for)a violation of 18 U.S.C.
1071 or 1072 or of 8 U.S.C.1324(a).
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A.For purposes of this condition--
(1)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see 8 U.S.C.
1101(a)(3));
(2)the term"federal law enforcement information"means law enforcement sensitive information communicated or
made available,by the federal government,to a State or local government entity,-agency,or-official,through any
means,including,without limitation--(1)through any database,(2)in connection with any law enforcement
partnership or-task-force,(3)in connection with any request for law enforcement assistance or-cooperation,or(4)
through any deconfliction(or courtesy)notice of planned,imminent,commencing,continuing,or impending federal
law enforcement activity;
(3)the term"law enforcement sensitive information"means records or information compiled for any law enforcement
purpose;and
(4)the term"public disclosure"means any communication or release other than one--(a)within the recipient,or(b)to
any subrecipient(at any tier)that is a government entity.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity)with federal law enforcement:8 U.S.C. 1373 and 1644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
a
Bureau of Justice Assistance SHEET PAGE 16 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
45. Noninterference(within the funded"program or activity')with federal law enforcement:Interrogation of certain aliens
SCOPE.This condition applies with respect to the"program or activity'that is funded(in whole or in part)by this
award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance for
the award. Its provisions must be among those included in any subaward(at any tier).
1.Noninterference with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations--including 8 U.S.C.1357(a),under which certain
federal officers and employees"have power without warrant...to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States,"and 8 C.F.R.287.5(a),under which that power may be exercised
"anywhere in or outside the United States"--within the funded program or activity,no State or local government
entity,-agency,or-official may interfere with the exercise of that power to interrogate"without warrant" (by agents of
the United States acting under color of federal law)by impeding access to any State or local government(or
government-contracted)correctional facility by such agents for the purpose"interrogat[ing]any alien or person
believed to be an alien as to his[or her]right to be or to remain in the United States."
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A.For purposes of this condition:
(1)The term"alien"means what it means under section 101 of the Immigration and Nationality Act(INA) (see 8
U.S.C. 1101(a)(3)).
(2)The term"correctional facility"means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968(see 34 U.S.C.10251(a)(7)).
(3)The term"impede"includes taking or continuing any action,or implementing or maintaining any law,policy,rule,
or practice,that--
(a)is designed to prevent or to significantly delay or complicate,or
(b)has the effect of preventing or of significantly delaying or complicating.
B.Both the'Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity)with federal law enforcement:8 U.S.C.1373 and 1644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
is
i Bureau of Justice Assistance SHEET PAGE 17 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
46. Noninterference(within the funded"program or activity')with federal law enforcement:Notice of scheduled release
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the
award,as of the date the recipient accepts the award,and throughout the remainder of the period of performance.Its
provisions must be among those included in any subaward at any tier.
1.Noninterference with"removal"process:Notice of scheduled release date and time
Consonant with federal law enforcement statutes--including 8 U.S.C.1231 (for an alien incarcerated by a State or
local government,a 90-day"removal period"during which the federal government"shall"detain and then"shall"
remove an alien from the U.S."begins"no later than"the date the alien is released from...confinement";also,the
federal government is expressly authorized to make payments to a"State or a political subdivision of the State...with
respect to the incarceration of[an]undocumented criminal alien");8 U.S.C.1226(the federal government"shall take
into custody"certain criminal aliens"when the alien is released");and 8 U.S.C.1366(requiring an annual DOJ report
to Congress on"the number of illegal alien[felons]in Federal and State prisons"and programs underway"to ensure the
prompt removal"from the U.S.of removable"criminal aliens")--within the funded program or activity,no State or
local government entity,-agency,or-official(including a government-contracted correctional facility)may interfere
with the"removal"process by failing to provide--as early as practicable(see para.4.C.below)--advance notice to
DHS of the scheduled release date and time for a particular alien,if a State or local government(or government-
contracted)correctional facility receives from DHS a formal written request pursuant to the INA that seeks such
advance notice.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A.For purposes of this condition:
(1)The term"alien"means what it means under section 101 of the INA(see 8 U.S.C. 1101(a)(3)).
(2)The term"correctional facility"means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968(see 34 U.S.C. 10251(a)(7)).
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,or any other entity or individual to maintain(or detain)any individual in custody beyond the
date and time the individual otherwise would have been released.
C. Applicability
(1)Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least
48 hours,if possible)."(See DHS Form I-247A(3/17)).If(e.g.,in light of the date DHS made such request)the
scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested,it
shall NOT be a violation of this condition to provide only as much advance notice as practicable.
(2)Current DHS practice is to use the same form for a second,distinct purpose--to request that an individual be
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PACE 18 OF 23
" Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
detained for up to 48 hours AFTER the scheduled release.This condition does NOT encompass such DHS requests for
detention.
D.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity)with federal law enforcement:8 U.S.C. 1373 and 1644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
47. Requirement to collect certain information from subrecipients
The recipient may not make a subaward to a State,a local government,or a"public"institution of higher education,
unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as
"Information regarding Communication with the Department of Homeland Security(DHS)and/or Immigration and
Customs Enforcement(ICE)."All subrecipient responses must be collected and maintained by the recipient,consistent
with regular document retention requirements,and must be made available to DOJ upon request.Responses to these
questions are not required from subrecipients that are either a tribal government/organization,a nonprofit organization,
or a private institution of higher education.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
t Bureau of Justice Assistance SHEET PAGE 19 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
48. Compliance with National Environmental Policy Act and related statutes
Upon request,the recipient(and any subrecipient at any tier)must assist BJA in complying with the National
Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental
impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient.
Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior
to obligating funds for any of these purposes.If it is determined that any of the following activities will be funded by
the award,the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below,whether or not they are being
specifically funded with these award funds.That is,as long as the activity is being conducted by the recipient,a
subrecipient,or any third party,and the activity needs to be undertaken in order to use these award funds,this condition
must first be met.The activities covered by this condition are:
a.New construction;
b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including
properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or
eligible for listing on the National Register of Historic Places;
c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an
incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or
education environments;and
e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the
identification,seizure,or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement,as directed by BJA.The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan,as detailed at https://bja.gov/Funding/nepa.html,for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients'existing programs or activities that will be funded by these award funds,the recipient,upon specific
request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
49. Establishment of trust fund
If award funds are being drawn down in advance,the recipient(or a subrecipient,with respect to a subaward)is
required to establish a trust fund account.Recipients(and subrecipients)must maintain advance payments of federal
awards in interest-bearing accounts,unless regulatory exclusions apply(2 C.F.R.200.305(b)(8)).The trust fund,
including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the award
funds in the trust fund(including any interest earned)during the period of performance for the award and expend
within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to OJP at
the time of closeout.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 20 of 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
50. Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50%match for purposes of the DOJ Bulletproof Vest Partnership(BVP)program.
51. Certification of body armor"mandatory wear"policies
The recipient agrees to submit a signed certification that all 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.
52. Body armor-compliance with NU standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat
level,make or model,from any distributor or manufacturer,as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List(https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx).In addition,
ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely
fitted,as set forth in 34 U.S.C.10202(c)(1)(A).The latest NIJ standard information can be found here:https://nij.gov/
topics/technology/body-armor/pages/safety-initiative.aspx.
53. Body armor-impact on eligibility for other program funds
The recipient understands that the use 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).
54. Reporting requirements
The recipient must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through
OJP's GMS(https://grants.ojp.usdoj.gov).Consistent with the Department's responsibilities under the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,the recipient must provide data that
measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool(PMT)website(www.bjaperformancetools.org).For more detailed information on
reporting and other JAG requirements,refer to the JAG reporting requirements webpage.Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
55. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force,racial and ethnic bias,de-
escalation of conflict,and constructive engagement with the public.
56. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute,unless,as
set forth at 34 U.S.C. 10152,the BJA Director certifies that extraordinary and exigent circumstances exist,making such
expenditures essential to the maintenance of public safety and good order.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
i Bureau of Justice Assistance SHEET PAGE 21 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
57. Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,2017
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 1,2017),however,the recipient may choose to incur
project costs using non-federal funds,but any such project costs are incurred at the recipient's risk until,at a
minimum--(1)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions are
removed by OJP(via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the
condition is removed.)
Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at-
risk,"if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through a Grant Adjustment Notice,the recipient is authorized to obligate(federal)award funds to reimburse
itself for project costs incurred"at-risk"earlier during the period of performance(such as project costs incurred prior to
award acceptance or prior to removal of an applicable withholding condition),provided that those project costs
otherwise are allowable costs under the award.
Nothing in this condition shall be understood to authorize the recipient(or any subrecipient at any tier)to use award
funds to"supplant"State or local funds in violation of the recipient's certification(executed by the chief executive of
the State or local government)that federal funds will be used to increase the amounts of such funds that would,in the
absence of federal funds,be made available for law enforcement activities.
58. Use of funds for DNA testing;upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System("CODIS,"the DNA database operated by the FBI)by a government DNA
laboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without
prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may
be accepted for entry into CODIS.
59. Three percent set-aside for NIBRS compliance
The recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving full
compliance with the FBI's National Incident-Based Reporting System(NIBRS),unless the FBI or appropriate State
official has certified that the recipient locality is already NIBRS compliant,and evidence of this has been submitted to
and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate
what projects will be supported by this 3 percent set-aside,unless evidence of NIBRS compliance has been submitted
to and approved by BJA.Recipients serving as fiscal agents for"disparate jurisdictions," (as defined at 34 USC
10156(d)(4))have to pass this requirement through to in subawards to other localities in the disparate jurisdiction,so
that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance,
unless,with respect to each locality in the disparate jurisdiction group,evidence of NIBRS compliance has been
submitted to and approved by BJA.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
g s Bureau of Justice Assistance SHEET PAGE 22 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
60. Encouragement of submission of"success stories"
BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success
story,sign in to a My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form.If
the recipient does not yet have a My BJA account,please register at https://www.bja.gov/profile.aspx.Once
registered,one of the available areas on the My BJA page will be"My Success Stories."Within this box,there is an
option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the BJA Success
Story web page at https://www.bja.gov/SuccessStoryList.aspx.
61. Withholding of funds:Required certification from the chief executive of the applicant government
The recipient may not obligate,expend,or draw down any award funds until the recipient submits the required
"Certifications and Assurances by the Chief Executive of the Applicant Government,"properly-executed(as
determined by OJP),and a Grant Adjustment Notice(GAN)has been issued to remove this condition.
62. Withholding of funds:NIBRS set-aside
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and BJA reviews
and accepts,a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance
activities or documentation showing that the recipient has been certified as NIBRS compliant,and a Grant Adjustment
Notice(GAN)has been issued to remove this condition.
63. Withholding of funds: Memorandum of Understanding
The recipient may not obligate,expend,or draw down any award funds until OJP has reviewed and approved the
Memorandum of Understanding(MOU),and a Grant Adjustment Notice(GAN)has been issued to remove this
condition.
64. Withholding of funds: Budget narrative or information
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the required budget information or narrative for the award,and a Grant Adjustment Notice(GAN)has
been issued to remove this condition.
65. Withholding of funds: Program narrative
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the program narrative for this award,and a Grant Adjustment Notice(GAN)has been issued to remove
this condition.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
q� Bureau of Justice Assistance SHEET PAGE 23 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
66. Recipient integrity and performance matters: Requirement to report information on certain civil,criminal,and
administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil,
criminal,and administrative proceedings connected with(or connected to the performance of)either this OJP award or
any other grant,cooperative agreement,or procurement contract from the federal government. Under certain
circumstances,recipients of OJP awards are required to report information about such proceedings,through the federal
System for Award Management(known as"SAM"),to the designated federal integrity and performance system
(currently,"FAPIIS").
The details of recipient obligations regarding the required reporting(and updating)of information on certain civil,
criminal,and administrative proceedings to the federal designated integrity and performance system(currently,
"FAPIIS")within SAM are posted on the OJP web site at https://ojp.gov/ftmding/FAPIIS.htm(Award condition:
Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporated by
reference here.
67. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice
Programs has received and approved the required application attachment(s)and has issued a Grant Adjustment Notice
(GAN)releasing this special condition.
OJP FORM 4000/2(REV.4-88)
2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
APPLICATION #BJA-2018-13626
AGENCY: Broward Sheriffs Office Dania Beach District
PROJECT NAME: Conveyance and Business Burglary Prevention Initiative
GOALS:
- To reduce the amount of conveyance and business burglaries and apprehend those responsible.
- To monitor known offenders and reduce the likelihood of them committing more crimes.
- Support the retention of the regional crime analyst.
OBJECTIVES:
- Conduct surveillance on locations that have expeienced an increase in conveyance and
business burglaries.
- Meet with business owners and conduct CPTED surveys of their property in order to "Target
harden" facilities and parking lots.
IDENTIFIERS:
- Conveyance Burglaries
- Business Burglaries
-Repeat Offenders
PROJECT ABSTRACT:
The Broward County Sheriff's Office Dania Beach District will utilize awarded JAG Funds
for overtime expenses related to a conveyance and business burglary prevention initiative. These
funds will allow the Dania Beach District to conduct plainclothes and unmarked surveillance in
locations that are experiencing an increase in the above crimes. These locations will be identified
11 Page
through our regional crime analyst who will provide current data regarding times, dates and
location of crimes. Deputies and Detectives will be deployed in these areas in an attempt to
apprehend suspects who are responsible for committing these offenses. Deputies and Detectives
will also meet with business owners throughout Dania Beach and conduct CPTED (Crime
Prevention Through Environmental Design)surveys. These surveys will assist in identifying ways
to improve the security of facilities and parking lots.
PROJECT NARRATIVE:
Currently, the City of Dania Beach is the home to numerous construction projects such as
several hotels, a casino, roadway improvements, beach revitalization, commercial and residential
buildings and entertainment venues. The city also has various main thoughrofares running through
and around it such as; State Road 7, I-95, I-595, State Road 84, Federal Highway and Florida's
Turnpike. Dania Beach also borders Fort Lauderdale International Airport and Port Everglades.
This causes large amounts of vehicular traffic and vacationers to pass through or lodge in the city.
During Dania Beach's growth, there has been an increase in conveyance and business burglaries.
In 2018(January thru July)there have been a total of 177 conveyance burglaries reported. In 2018
(January thru July) there have been a total of 42 business burglaries reported. A majority of the
cases stem from the numerous parking lots and commercial areas located within the city. Covert
surveillance will be conducted by assigned personnel at locations determined by the data provided
by the Regional Crime Analyst. All activity (Field interviews, citations and arrests) will be
documented by each employee on an end of shift report. Any suspects detained will be
interviewed/debriefed by a detective. Assigned personnel will meet with surrounding jurisdictions
to discuss crime trends and possible suspects.
DISCLOSURE OF HIGH RISK STATUS: OUR AGENCY DOES NOT HAVE A HIGH RISK
STATUS WITH THE DEPARTMENT OF JUSTICE OR ANY FUNDER.
DISCLOSURE of LOBBYING: OUR AGENCY HAS NOT ENGAGED IN ANY LOBBYING
ACTIVITIES TO SECURE FUNDING FROM THE DEPARTMENT OF JUSTICE FOR
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDING.
DISCLOSURE OF PENDING APPLICATIONS: OUR AGENCY DOES NOT HAVE ANY
PENDING APPLICATIONS WITH ANY FEDERAL OR STATE FUNDING AGENCY TO
RECEIVE FUNDING FOR THE SAME PROJECT UNDER CURRENT CONSIDERATION.
LOCAL GOVERNING BODY REVIEW: OUR AGENCY SENT THE APPLICATION FOR
2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT TO THE BROWARD
COUNTY BOARD OF COUNTY COMMISSIONERS TO REVIEW AND PROVIDE
FEEDBACK ON AUGUST 3, 2018. IT WAS ALSO POSTED ON THE BROWARD
2 1 P a g e
SHERIFF'S OFFICE INTRANET AUGUST 7,2018 AND SHERIFF'S WEBSITE ON AUGUST
8, 2018.
3 1 P a g e
2019 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE LOCAL SOLICITATION GRANT
MEMORANDUM OF UNDERSTANDING(MOU)
This Memorandum of Understanding (MOU) is being executed by the following listed
participating agencies (hereinafter"participating agencies"):
City of Coral Springs City of Hollywood City of Pembroke Pines
City of Dania Beach City of Lauderdale Lakes City of Plantation
Town of Davie City of Lauderhill City of Pompano Beach
City of Deerfield Beach City of Miramar City of Sunrise
City of Fort Lauderdale City of North Lauderdale City of Tamarac
City of Hallandale Beach City of Oakland Park Broward County
Nothing in this MOU should be construed as limiting or impeding the basic spirit of
cooperation which exists between the participating agencies, listed above.
WHEREAS, Broward County has been identified as a"disparate" County; and
WHEREAS, the participating agencies have been identified as eligible jurisdictions able
to collectively implement the objectives and goals of the Edward Byrne Memorial Justice
Assistance Grant(hereinafter"JAG"); and
WHEREAS, the participating agencies have formed a working committee and developed
a course of action to achieve the goals and objectives of the JAG Program; and
WHEREAS, the City of Pompano Beach has been selected through this MOU, to
administer the program and serve as the fiscal agent for the disbursement of all funds received for
the JAG Program.
THEREFORE, in consideration of the mutual terms, conditions,promises,and covenants
hereinafter set forth,the participating agencies agree as follows:
Purpose
This MOU establishes the relationship between the parties for participation in the FY 2019
Edward Byrne Memorial Justice Assistance Grant(JAG)Local Solicitation Grant Program(Award
Number 2019-DJ-BX-0432).
Procedures
1. The City of Pompano Beach, Florida will serve as the lead agency and grant
administrator for the agencies in Broward County, Florida, participating in the JAG Program.
Pursuant to the JAG Program guidelines, funding for the JAG Program will be provided to the
City of Pompano Beach.
1
2. The City of Pompano Beach shall then disperse the funds to the parties in the
amounts determined by the JAG Program. For municipalities that currently contract with BSO
for law enforcement services, BSO shall retain the funds for use in the appropriate BSO Districts
pursuant to the contracts for law enforcement services.
3. Each party shall be responsible for submitting its own application for their
individual JAG Program to the City of Pompano Beach. The City of Pompano Beach, Grants
Management Office, will prepare the single application to include the Program Narrative and
Budget Narrative, and shall submit the application to the Department of Justice.
Below is the list of awards for each of the eighteen jurisdictions:
2019 EDWARD BYRNE MEMORIAL JAG AWARDS
Jurisdiction Name Award Amount
Broward County 20,901.60
City of Coral Springs 14,778.00
City of Dania Beach 12,765.60
Town of Davie 15,340.50
City of Deerfield Beach 20,252.70
City of Fort Lauderdale 74,280.60
City of Hallandale Beach 14,540.40
City of Hollywood 36,069.30
City of Lauderdale Lakes 17,937.00
City of Lauderhill 41,002.20
City of Miramar 28,258.20
City of North Lauderdale 14,799.60
City of Oakland Park 15,924.60
City of Pembroke Pines 22,351.50
City of Plantation 15,622.20
City of Pompano Beach 111,378.70
City of Sunrise 15,405.30
City of Tamarac 10,278.00
Total $501,886
*10% of the $501,886 grant award will be used for administrative purposes; City of Pompano
Beach will receive an administrative fee of 10% ($50,188.60) for costs associated with
implementing 2019 JAG.
Term and Termination
1. This MOU shall remain in effect from October 1, 2018 through September 30,
2022, and its continuation shall be subject to the availability of necessary funding from the JAG
Program.
2
2. A participating agency may withdraw from this agreement at any time by providing
thirty(30) days written notice of its intent to withdraw to all other participating agencies.
3. This MOU may be terminated upon the written consent of all parties to this MOU.
Amendments
This MOU may be modified at any time upon the written agreement of all of the
participating agencies.
Insurance and Indemnification
1. Each party agrees to maintain its own comprehensive general liability insurance,
professional liability insurance, automobile liability insurance and workers' compensation
insurance policy or maintain a self-insuring fund for the term of the Agreement in the
amounts determined by each party to adequately insure said party's liability assumed herein,
but in no event shall such coverage be less than the amount of statutory waiver of sovereign
immunity. The participating agencies agree to provide the City of Pompano Beach within thirty
(30) days of entering this Agreement with proof of insurance if requested.
2. Each party shall be responsible for the negligent acts or omissions of their
respective employees in accordance with § 768.28, F. S. and nothing herein shall be deemed a
waiver of those protections.
Guidelines
In performing its duties, responsibilities and obligations pursuant to this Agreement, each
party agrees to: (i)adhere to the requirement standards set forth in the Office of Justice Programs'
Financial Guide,as amended and Federal OMB Circular A-133,as applicable;and(ii),the special
conditions FY 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation
Grant Award issued by DOJ. All participating agencies shall enter into a formal sub-award
agreement between the City of Pompano Beach as Sub-award Grantor and the participating
agency as the Sub-award Grantee in a form substantially similar to the attached Exhibit 1.
Records
1. Each party understands that any and all records created as a result of participating
in this Program may be subject to public disclosure pursuant to the Public Records Statute,
§ 119.07, F.S., and shall be responsible for compliance with any public records request served
upon it and any resultant award of attorney's fees for noncompliance.
2. Each party shall maintain its own respective records and documents associated with
the MOU sufficient to demonstrate compliance with the terms of this Agreement for a period of
five(5)years from the date of execution of the MOU and shall allow the City of Pompano Beach
access to such records upon request.
3. Each party, its employees or agents, shall allow access to its records concerning
this MOU at reasonable times to the City of Pompano Beach, its employees, and agents. The
3
term "agents" shall include, but is not limited to, auditors retained or employed by the City of
Pompano Beach. The term "reasonable" shall be construed according to the individual party
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, Monday through Friday.
4. Upon reasonable notice, the participating agency shall provide the City of
Pompano Beach with any additional documentation, information, or reports as may be required
by the City of Pompano Beach.
Execution
This agreement may be executed in counterparts each of which shall be deemed an original
and all of which together shall be considered one and the same agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
4
"CITY":
Witnesses: CITY OF POMPANO BEACH
By:
REX HARDIN, MAYOR
By:
GREGORY P. HARRISON, CITY MANAGER
Attest:
(SEAL)
ASCELETA HAMMOND
CITY CLERK
Approved As To Form:
MARK E. BERMAN
CITY ATTORNEY
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me, by means of❑ physical presence
or ❑ online notarization, this day of , 2020, by REX
HARDIN as Mayor, GREGORY P. HARRISON as City Manager and ASCELETA
HAMMOND as City Clerk of the City of Pompano Beach, Florida, a municipal corporation, on
behalf of the municipal corporation,who are personally known to me.
NOTARY'S SEAL: NOTARY PUBLIC, STATE OF FLORIDA
(Name of Acknowledger Typed,Printed or Stamped)
Commission Number
j�
5/19/2020
L ag/finance/2020-726
5
�A' beach_
Florida's Wermesl Weltbme
SUBRECIPIENT AGREEMENT BETWEEN CITY OF POMPANO BEACH,
AND FOR
Edward Byrne Memorial Justice Assistance Grant Program
This is a Subrecipient Agreement ("Agreement"), made and entered into by and between City of
Pompano Beach, a municipal corporation organized and existing under the laws of the State of
Florida ("City") and ,
("Subrecipient"), (collectively referred to as the "Parties").
A. The U.S. Department of Justice ("DOJ") has identified Broward County as a "disparate"
County.
B. The City is a recipient of federal Edward Byrne Memorial Justice Assistance Grant ("JAG')
funds. As a non-federal pass-through entity for this program, the City sub-awards JAG funds
to eligible units of government. All sub-awards made by the City to eligible units of
government under this program require compliance with this Agreement upon signed
acceptance of the sub-award.
C. The Subrecipient has been identified as an eligible jurisdiction able to implement the
objectives and goals of the JAG program,Catalogue of Federal Domestic Assistance("CFDA")
Number 16.738.
D. The parties have entered a Memorandum of Understanding pertaining to the subject funds
but the DOJ and City require a more extensive,individual subrecipient agreement in the form
herein.
E. This Agreement must be consistent with the requirements outlined in 2 CFR 200.331, the
Federal Uniform Administrative requirements, Cost Principals, and Audit Requirements for
Federal Awards found in Title 2 Grants and Agreements, Part 200.
NOW THEREFORE, IN CONSIDERATION of the mutual terms,conditions, promises,covenants,and
payments hereinafter set forth, the Parties agree as follows:
Page-1-of22
SECTION I: PURPOSE
This Agreement establishes the relationship between the Parties for participation in the FY 2019
Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation Grant Program (Award
Number 2019-DJ-BX-0432). The Federal Award Identification Number is 2019-DJ-BX-0432 and
the Federal Award Date to the City was September 18, 2019. Pursuant to the Federal Funding
Accountability and Transparency Act (FFATA) the Federal award project description for the
Subrecipient is individually summarized in Exhibit A attached hereto and incorporated by
reference.
Upon acceptance of the sub-award, the terms and conditions outlined herein will become
binding. As a unit of government, the Subrecipient will maintain required state and federal
registrations and certifications for eligibility under this program. The Subrecipient must submit
required programmatic and financial reports documenting that eligible activities were completed
in accordance with the grant and program requirements.
SECTION II: AWARD
The Subrecipient's grant award is as follows:
Subrecipient's Name Sub-award Amount
The City will only reimburse Subrecipient for authorized activities. The City will not reimburse
for costs incurred for any purpose other than those specified in this Agreement. Failure to comply
with provisions of this Agreement, including failure to perform grant activities as specified in this
Agreement, will result in required corrective action up to and including financial consequences.
A financial consequence may be imposed for non-compliance in accordance with 2 C.F.R. § 200
and this Agreement, including but not limited to project costs being disallowed, withholding of
federal funds and/or termination of the project
Grant funds must not to be used for research and development and the Grant funds must not be
used for lobbying. Funds allocated under this Agreement shall not be used for prohibited
expenditures found in 34 U.S.C. § 10152(d), 42 U.S.C. § 3751, or other prohibited expenditures
as identified within the grant.
SECTION III: METHOD OF BILLING AND PAYMENT
Subrecipient may submit invoices for compensation no more often than on a monthly basis, but
only after the activities for which the invoices are submitted have been completed. An original
Page-2-of22
invoice transmitted electronically is due within fifteen (15) days of the end of the month except
the final invoice which must be received no later than thirty (30) days after expiration or earlier
termination of this Agreement. Invoices must designate the nature of the activities completed
and, as applicable, the personnel, hours, tasks, or other detail as requested by the City. All
payments made to Subrecipient are contingent upon approval of the City.
Invoices shall be submitted to:
City of Pompano Beach
Room 480, Finance Department
Attn: Melody Major
100 West Atlantic Blvd.
Pompano Beach, FL 33060
Melody.Maior@copbfl.com
SECTION IV: TERM
The term of this Agreement and the sub-award period of performance shall begin retroactive to
October 1, 2018 and shall end on September 30, 2022. The continuation of this Agreement
beyond the end of any City fiscal year is subject to the appropriation and availability of necessary
funding from the JAG Program.
SECTION V: GENERAL REQUIREMENTS
Subrecipient must comply with all requirements contained within the JAG Grant's special conditions
attached hereto and marked as Exhibit C Award #2019-DJ-BX-0432) applicable to Subrecipient's
portion of the funds. Additionally, Subrecipient must comply with requirements set forth in the
current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide
(Financial Guide), http://oip.gov/financiaiguide/DOJ/pdfs/2015 DOJ FinanciaiGuide.pdf, the
Edward Byrne Memorial Justice Assistance Grant program guidance, federal statutes, regulations,
policies, guidelines and requirements and Florida laws and regulations including but not limited to:
• Office of Management and Budget(OMB) Uniform Grant Guidance(2 C.F.R. §200)
Subpart A Definitions,Subparts B-D Administrative Requirements,Subpart E Cost
Principals,Subpart F Audit Requirements and all applicable Appendices. This guidance
supersedes previous OMB Circulars and Standard Conditions and is applicable to any new
sub-awards made under Federal grants awarded on or after December 26, 2014
http://www.ecfr.gov/cgi-bin/text-
idx?SID=62764122c780e5d1d2134127afadc30d&node=2:1.1.2.2.1 &rgn=div5
Page-3-of22
• Code of Federal Regulations: www.gpo.gov/fdsys/
2 C.F.R. § 175.15(b), "Award Term for Trafficking in Persons"
28 C.F.R. § 38, "Equal Treatment of Faith-Based Organizations"
28 C.F.R. § 66, "U.S. Department of Justice Common Rule for State and Local Governments"
(Common Rule)
28 C.F.R. §83, "Government-Wide Requirements for Drug-Free Workplace (Grants)"
28 C.F.R. §§ 18, 22, 23, 30, 35, 42, 61, and 63
• Public Law
Pub. L. No. 109-162,Title XI-Department of Justice Reauthorization, Subtitle B—
Improving the Department of Justice's Grant Programs, Chapter 1—Assisting Law
Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program
and Local Law Enforcement Block Grant Program:
http://www.apo.gov/fdsys/ake/PLAW-109publl62/pdf/PLAW-109pubil62.pdf.
• United States Code:www.gpo.gov/fdsys/
42 U.S.C.§§ 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968."
• State of Florida General Records Schedule GS1-SL for State and Local Government
Agencies: http://dlis.dos.state.fl.us/barm/genschedules/GS2-2008-Rev2010.pdf.
SECTION VI: STANDARD CONDITIONS
Subrecipient is bound by the following standard conditions:
6.1 Payment Contingent on Appropriation and Availability of Funds—The City's obligation to
reimburse Subrecipient for costs incurred under this Agreement is subject to the availability
of federal funds and annual appropriation by the City Commission of the City of Pompano
Beach, Florida.
6.2 System for Award Management (SAM)—Subrecipient must maintain current information
in SAM until it submits the financial report required under this award or receives the final
payment, whichever is later. This requires the Subrecipient to review and update the
information at least annually after the initial registration, and more frequently if required
by changes in its information or another award term.
6.3 Commencement of Project—If a project is not operational within 60 days after the date of
full execution of this Agreement, Subrecipient must report by letter to the City, the steps
taken to initiate the project, the reasons for delay, and the expected start date.
Page-4-of22
6.3.1 If a project is not operational within 90 days after the date of full execution of this
Agreement,the Subrecipient must submit a second statement to the City explaining
the implementation delay.
6.3.2 Upon receipt of the ninety (90) day letter, the City will determine if the reason for
the delay is justified or will, at the City's discretion, unilaterally terminate this
agreement. The City, where warranted by extenuating circumstances may extend
the starting date of the project past the ninety (90) day period, but only by formal
written amendment to this agreement.
6.4 Supplanting—Subrecipient acknowledges that funds received under this award will not be
used to supplant state or local funds but will be used to increase the amounts of such funds
that would, in the absence of federal funds, be made available for law enforcement
activities.
6.5 Personnel Changes— Upon implementation of the project, in the event there is a change
in Chief Officials for the Subrecipient or any contact information to include mailing address,
phone number, email or title change, project staff must notify the DOJ Grants
Management System (GMS) help desk to update the organizational information in GMS.
Project director changes require a grant adjustment in GMS.
6.6 Non-Procurement, Debarment and Suspension—Subrecipient must comply with 2 C.F.R.
§ 180, "OMB Guidelines to Agencies on Government Wide Debarment and Suspension
(Non-procurement)." These procedures require Subrecipient to certify that it will not
enter into any lower tiered covered transaction with a person who is debarred,suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction,
unless authorized by the City.
6.7 Federal Restriction on Lobbying — Subrecipient must comply with 28 C.F.R. § 69, "New
Restrictions on Lobbying" and must file the most current edition of the Certification and
Disclosure Form, if applicable, with each submission that initiates consideration of such
Subrecipient for award of a federal contract,grant,or cooperative agreement. In addition,
the Subrecipient must not use any federal funds, either directly or indirectly, in support of
the enactment, repeal, modification or adoption of any law, regulation or policy, at any
level of government, without the express prior written approval of the OJP.
6.8 The Coastal Barrier Resources Act-Subrecipient must comply and assure the compliance
of all contractors with the provisions of the Coastal Barrier Resources Act (Pub. L. No. 97-
348) dated October 19, 1982 (16 U.S.C. §§ 3501 et seq.) which prohibits the expenditure
of most new federal funds within the units of the Coastal Barrier Resources System.
Page-5-of22
6.9 Enhancement of Security- If funds are used for enhancing security, Subrecipient must:
6.9.1 Have an adequate process to assess the impact of any enhancement of a security
measure that is undertaken on the incidence of crime in the geographic area where
the enhancement is undertaken.
6.9.2 Conduct such an assessment with respect to each such enhancement and submit to
the City, the aforementioned assessment in its Final Program Report.
6.10 Intentionally Deleted-
6.11 Conferences and Inspection of Work-Conferences may be held at the request of any Party
to this agreement.At any time,a representative of the City,the U.S. Department of Justice,
or the City Auditor, have the right to visit the project site to monitor, inspect and assess
activities performed under this agreement.
6.12 Insurance Requirements - Subrecipient is an entity subject to Section 768.28, Florida
Statutes,and will be fully responsible for the acts and omissions of its agents or employees
to the extent permitted by law. Subrecipient must furnish verification of liability protection
in accordance with state law prior to final execution of this agreement.
SECTION VII: CIVIL RIGHTS REQUIREMENTS
7.1 Federal laws prohibit recipients of financial assistance from discriminating on the basis of
race, color, national origin, religion, sex, disability, or age in federally funded programs or
activities. The Subrecipient must comply with any applicable statutorily-imposed
nondiscrimination requirements, which may include the Omnibus Crime Control and Safe
Streets Act of 1968(42 U.S.C. §3789d);the Victims of Crime Act(42 U.S.C. § 10604(e));The
Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil
Rights Act of 1964(42 U.S.C. § 2000d);the Rehabilitation Act of 1973 (29 U.S.C. §7 94);the
Americans with Disabilities Act of 1990(42 U.S.C. § 12131-34);the Education Amendments
of 1972(20 U.S.C. §§1681, 1683, 1685-86);the Age Discrimination Act of 1975 (42 U.S.C. §§
6101-07);and Department of Justice Non-Discrimination Regulations 28 C.F.R. §42;see Ex.
Order 13279 (equal protection of the laws for faith-based and community organizations).
7.2 The City does not discriminate on the basis of race, color, religion, national origin, sex,
disability, or age. Subrecipient must notify program participants and beneficiaries that they
do not discriminate on the basis of race, color, national origin, religion, sex, disability, or
age in the delivery of services, benefits, or employment practices.
7.3 Subrecipient is responsible for ensuring that contractors and agencies to whom it passes
through funds are compliant with all Civil Rights requirements and that those contractors
Page-6-of22
and agencies are aware that they may file a discrimination complaint with the Subrecipient,
with the City or with the Office for Civil Rights (OCR), and how to do so.
7.4 Equal Employment Opportunity Plans
7.4.1 The Subrecipient must develop EEO Plans if they have 50 or more employees and
have received any single award of$25,000 or more from the Department of Justice.
The plan must be prepared using the online short form at
www.oip.usdoi.gov/about/ocr/eeop comply.htm, must be retained by the
Subrecipient and must be available for review and audit. The organization must also
submit an EEO Certification to the City.
7.4.2 If the Subrecipient is required to prepare an EEO Plan and has received any single
award of $500,000 or more from the DOJ, it must submit its plan to the DOJ for
approval. A copy of the DOJ approval letter must be submitted to the City. The
approval letter expires two years from the date of the letter.
7.4.3 The Subrecipient is exempt from the EEO Plan requirement if it has fewer than 50
employees; does not receive any single award of$25,000 or more from the DOJ; or
is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If
an organization is exempt from the EEO Plan requirement, it must submit an EEO
Certification of Exemption to the City.
7.4.4 The Subrecipient acknowledges that failure to comply with EEO requirements within
60 days of the project start date may result in suspension or termination of funding,
until such time as it is in compliance.
7.5 Americans with Disabilities Act - Subrecipient must comply with the requirements of the
Americans with Disabilities Act (ADA) (Pub. L. No. 101-336), which prohibits discrimination
by public and private entities on the basis of disability and requires certain accommodations
be made with regard to employment (Title 1), state and local government services, and
transportation (Title II), public accommodations (Title III), and telecommunications (Title
IV).
7.6 Rehabilitation Act of 1973 (28 C.F.R. § 42(G)) - If Subrecipient has 50 or more employees
and receives DOJ funding of$25,000 or more, it must take the following actions:
7.6.1 Adopt grievance procedures that incorporate due process standards and provide for
the prompt and equitable resolution of complaints alleging a violation of DOJ
regulations implementing Section 504 of the Rehabilitation Act of 1973,found at 28
Page-7-of22
C.F.R. § 42(G), which prohibits discrimination on the basis of a disability in
employment practices and the delivery of services.
7.6.2 Designate a person to coordinate compliance with the prohibitions against disability
discrimination contained in 28 C.F.R. §42(G).
7.6.3 Notify participants, beneficiaries, employees, applicants, and others that the
Subrecipient does not discriminate on the basis of disability.
7.7 Limited English Proficiency (LEP) - In accordance with DOJ Guidance pertaining to Title VI
of the Civil Rights Act of 1964(42 U.S.C. § 2000d), recipients of federal financial assistance
must take reasonable steps to provide meaningful access to their programs and activities
for persons with LEP. For more information on the civil rights responsibilities that recipients
have in providing language services to LEP individuals, please see the website at
www.lep.gov. The City strongly encourages Subrecipient to have a written LEP Language
Access Plan.
7.8 Immigration and Nationality Act - No federal funds will intentionally be awarded to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of
the employment provisions contained in 8 U.S.C. § 1324a(e), Section 274A(e) of the
Immigration and Nationality Act ("INA"). The City will consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation
by the Subrecipient of the employment provisions contained in Section 274A(e) of the INA
shall be grounds for unilateral cancellation of this contract by the City.
SECTION Vlll: FINANCIAL REQUIREMENTS AND RESPONSIBILITIES
8.1 Fiscal Control and Fund Accounting Procedures
8.1.1 All expenditures and cost accounting of funds shall conform to the Office of Justice
Programs Financial Guide, the Common rule, and OMB Uniform Grant Guidance (2
C.F.R. § 200)as applicable, in their entirety.
8.1.2 Subrecipient must have written procedures for procurement transactions.
Procedures must ensure that all solicitations follow 2 C.F.R. § 200.319 Competition.
The Subrecipient is required to establish and maintain adequate accounting systems
and financial records and to accurately account for funds awarded to them.
Subrecipient must have financial management systems in place that are able to
record and report on the receipt, obligation, and expenditure of grant funds. An
adequate accounting system for a Subrecipient must be able to accommodate a fund
Page-8-of 22
and account structure to separately track receipts, expenditures, assets, and
liabilities for awards, programs, and subrecipients.
8.1.3 All funds spent on this project must be disbursed according to provisions of the
project budget as approved in the JAG sub-award.
SECTION IX: SUB-AWARD MANAGEMENT AND REPORTING REQUIREMENTS
9.1 Obligation of Subrecipient Funds - Sub-award funds shall not under any circumstances be
obligated prior to the effective date or subsequent to the termination date of the period of
performance. Only project costs incurred on or after the effective date and on or prior to the
termination date of the Subrecipient's project is eligible for reimbursement. All payments
must be completed within thirty (30) days of the end of the sub-award period of
performance.
9.2 Performance
9.2.1 Sub-award Performance - The Subrecipient must comply with state and federal
requirements for sub-award performance under 2 C.F.R. §§ 200.76 and 200.77. The
sub-award must describe the timing and scope of expected performance as related to
the outcomes intended to be achieved by the project activities. Where appropriate,
the sub-award should provide specific performance goals, indicators, milestones, or
expected outcomes (such as outputs, or activities completed or public impacts of any
of these) with an expected timeline for accomplishment. Submitted programmatic
reports must clearly articulate, where appropriate, performance during the execution
of the award has met a standard against which the Subrecipient's performance can be
measured.These requirements should be aligned with agency strategic goals,strategic
objectives, or performance goals that are relevant to the program.
9.2.2 Performance of Agreement Provisions - In the event of default; non-compliance; or
violation of any provision of this Agreement by the Subrecipient, the Subrecipient's
consultants and suppliers,or both,the City may impose sanctions it deems appropriate
against Subrecipient, including withholding payments, cancellation, termination, or
suspension of this Agreement in whole or in part. In such event,the City will notify the
Subrecipient of its decision thirty (30) days in advance of the effective date of such
sanction. The Subrecipient will be reimbursed only for those activities satisfactorily
completed prior to the effective date of such sanction.
9.2.3 Reports-Subrecipient must submit Monthly Project Performance Reports to the City,
within fifteen (15) days after the end of the reporting period. In addition, if the sub-
Page-9-of 22
award period is extended beyond the "original" project period, additional Monthly
Project Performance Reports must be submitted.
9.2.3.1 Report Contents: Performance Reports must include to the status of all
objectives included in the sub-award. A detailed response is required in the
narrative portion for yes/no performance objectives. The narrative must also
reflect on accomplishments for the quarter and identify problems with project
implementation and address actions being taken to resolve the problems.
Additional information may be required if necessary to comply with federal
reporting requirements.
9.2.3.2 Submission Process, Frequency and Format: Performance Reports may be
submitted by the Subrecipient's representative and Performance Reports
must be submitted quarterly titled General Information Module, Goals and
Objectives Module,Activity/Program Selection Module and Law Enforcement
Module in a format required by the City and/or DOJ.
9.3 Financial Expenditure Reports
9.3.1 Subrecipient must submit a Monthly Project Expenditure Report to the City.
9.3.2 All project expenditures for reimbursement of Subrecipient costs must be submitted
on the City's Expenditure Report Forms.
9.3.3 All Project Expenditure Reports must be submitted in sufficient detail for proper
pre-audit and post-audit.
9.3.4 Before the "final" Project Expenditure Report will be processed, Subrecipient must
submit to the City, all outstanding project reports and must have satisfied all special
conditions. Failure to comply with the above provisions may result in forfeiture of
reimbursement.
9.3.5 Reports are to be submitted even when no reimbursement is being requested.
9.3.6 Reports must be electronically signed by the Subrecipient's Chief Financial Officer
or the Chief Financial Officer's designee.
9.4 Other Reports - Subrecipient must submit the Uniform Crime Report and other reports as
may be reasonably required by the City.
Page-10-of 22
SECTION X: MONITORING AND AUDITS
10.1 Access to Records—The City, U.S. Department of Justice, U.S. Comptroller General or any
of their duly authorized representatives, must have access to books, documents, papers
and records of the Subrecipient related to the sub-award, for the purpose of audit and
examination according to the Financial Guide and the Common Rule.
The City reserves the right to unilaterally terminate this Agreement if the Subrecipient
refuses to allow public access to all documents, papers, letters, or other materials subject
to provisions of Chapter 119, Florida Statutes, unless specifically exempted and/or made
confidential by operation of Chapter 119, Florida. Statutes, and made or received by the
Subrecipient or its contractor in conjunction with this Agreement.
10.2 Monitoring - Subrecipient must comply with the City's grant monitoring guidelines,
protocols, and procedures; and cooperate with the City on all grant monitoring requests,
including requests related to desk reviews, enhanced programmatic desk reviews, site
visits, contract reviews and audits. Subrecipient must provide all documentation necessary
to complete monitoring of the sub-award and verify expenditures. Further, Subrecipient
must abide by reasonable deadlines set by the City for providing requested documents.
Failure to cooperate with grant monitoring activities may result in sanctions affecting the
Subrecipient's sub-award, including, but not limited to: withholding and/or other
restrictions on the Subrecipient's access to funds, referral to the City Auditor for audit
review, designation of the Subrecipient as a High-Risk grantee, or termination of award(s).
10.3 Property Management-Subrecipient must establish and administer a system to protect,
preserve, use, maintain, and dispose of any property furnished to it by the City or
purchased pursuant to this Agreement consistent with federal property management
standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of
Justice Common Rule for State and Local Governments, or 2 C.F.R. § 200, as applicable.
This obligation continues as long as the Subrecipient retains the property, notwithstanding
expiration of this Agreement.
10.3.1 Property Use - Subrecipient must use equipment acquired under a Federal award
for the authorized purposes of the project during the period of performance,or until
the property is no longer needed. Subrecipient must use, manage, and dispose of
equipment acquired under a Federal award in accordance with 2 C.F.R. § 200.313,
"Equipment".
10.4 High Risk Subrecipients-Subrecipient must comply with any additional requirements that
may be imposed during the grant performance period if the City or the DOJ determines
the Subrecipient is a high-risk grantee. Cf. 28 C.F.R. §§ 66, 70.
Page-11-of22
10.5 Reporting, Data Collection and Evaluation-Subrecipient must comply with all reporting,
data collection and evaluation requirements, as prescribed by the Bureau of Justice
Assistance in the program guidance for JAG. Compliance with these requirements will be
monitored by the City.
10.6 Retention of Records—Subrecipient must maintain all records for a minimum of five (5)
years from the date of the financial statement and such records must be available for audit
and public disclosure upon request. Subrecipient must comply with State of Florida
General Records Schedule GS1-SL for State and Local Government Agencies:
http:Hdos.mvflorida.com/media/693574/general-records-schedulegsOl-sl.pdf
http://dos.myflorida.com/media/693578/gsO2.pdf.
10.7 Single Annual Audit
10.7.1 A Subrecipient that expends $750,000 or more in a year in federal awards must
have a single audit or program-specific audit conducted for that year. The audit
must be performed in accordance with 2 C.F.R. § 200(F) Audit Requirements and
other applicable federal law. This Agreement must be identified in the Schedule
of Federal Financial Assistance in the subject audit. The audit report must be
identified as federal funds passed through the City and include the contract
number, award amount, contract period,funds received, and funds disbursed.
10.7.2 A complete audit report that covers any portion of the effective dates of this
Agreement must be submitted within 30 days after its completion, but no later
than nine(9)months after the audit period. In order to be complete,the submitted
report must include any management letters issued separately and management's
written response to all findings, including audit report and management letter
findings. Incomplete audit reports will not be accepted by the City.
10.7.3 Audits must be completed by an Independent Public Accountant(IPA)and according
to Generally Accepted Government Auditing Standards (GAGAS). The IPA must be
either a Certified Public Accountant or a Licensed Public Accountant. Subrecipient
must procure audit activities according to 2 C.F.R. § 200.509 and include clear
objectives and scope of the audit in addition to peer review reports to strengthen
audit quality and ensure effective use of audit resources.
10.7.4 Subrecipient must promptly follow-up and take appropriate corrective action for
any findings on the audit report in instances of noncompliance with federal laws
and regulations, including but not limited to preparation of a summary schedule of
Page-12-of 22
prior audit findings and a corrective action plan. Subrecipient follow-up to audit
findings must abide by requirements in 2 C.F.R. § 200.511.
10.7.5 Subrecipient must make copies available for public inspection and ensure respective
parts of the reporting package do not include protected personally identifiable
information. Records must be made available upon request for a period of three
(3)years from the date the audit report is issued, unless extended in writing by the
City.
A Subrecipient that expends less than $750,000 in federal awards during a fiscal
year is exempt from the audit requirements of 2 C.F.R. § 200(F)for that fiscal year.
In this case, written notification, which can be in the form of the "Certification of
Audit Exemption"form, must be provided to the City by the Chief Financial Officer,
or designee, that the Subrecipient is exempt. This notice must be provided to the
City no later than June 30 following the end of the fiscal year.
10.7.6 If this Agreement is closed without an audit,The City reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
10.7.7 The Federal Audit Clearinghouse is the repository of record for 2 C.F.R. § 200(F).
Audits performed as a result of this requirement must be completed and submitted
to the Federal Audit Clearinghouse within the earlier of thirty (30) calendar days
after receipt of the auditor's report(s),or nine(9) months after the end of the audit
period. Submissions must include required elements described in Appendix X to
Part 200 on the specified Data Collection Form (Form SF-SAC) and be signed by a
senior level representative or chief official of the auditee.
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement:
[REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK]
Page-13-of22
AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND SUBRECIPIENT FOR THE
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
"CITY":
Witnesses: CITY OF POMPANO BEACH
By:
REX HARDIN, MAYOR
By:
GREGORY P. HARRISON, CITY MANAGER
Attest:
(SEAL)
ASCELETA HAMMOND, CITY CLERK
Approved As To Form:
MARK E. BERMAN, CITY ATTORNEY
CITY ATTORNEY
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me, by means of❑ physical presence or❑ online
notarization, this day of 2020, by REX HARDIN as Mayor, GREGORY P.
HARRISON as City Manager and ASCELETA HAMMOND as City Clerk of the City of Pompano Beach, Florida, a
municipal corporation,on behalf of the municipal corporation,who are personally known to me.
NOTARY'S SEAL: NOTARY PUBLIC,STATE OF FLORIDA
(Name of Acknowledger Typed, Printed or Stamped)
Commission Number
:jrm
5/19/2020
L:agr/fi na nce/2020-728
Page-14-of 22
SUBRECIPIENT
CITY of
By:
Page-15-of 22
EXHIBITA
Proiect Description
Eighteen jurisdictions within Broward County will benefit from the grant award which will provide
a range of criminal justice related activities that will assist local law enforcement efforts and local
initiatives to include: technology improvement programs, personnel, equipment, and training.
The goal of the project is to utilize funds designated for County municipalities to deter crime and
increase public safety. .
The Subrecipient's project is generally described as:
(insert project general
description)
Page-16-of22
EXHIBIT B
2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
PROGRAM BUDGET
ACCOUNT CATEGORY BUDGETED AMOUNT
Personnel
Fringe Benefits
Equipment
Supplies
Training
Other
Indirect cost
Administrative Fees
Total Sub-award to $
Subrecipient
SUBRECIPIENT'S BUDGET NARRATIVE
(insert general budget narrative)
Page-17-of 22
SUBGRANT AWARD CERTIFICATE
Subrecipient's Name: DUNS No.
Federal Award Date: 09/18/2019 Project Title: 2019 Byrne JAG Grant
Sub-award Period of Performance Start Date: 08/31/2020 End Date: 09/30/2022
Grant Number: 2019-DJ-BX-0432
Federal Award Identification No.: 2019-DJ-BX-0432 Federal Funds:
$ [insert amount City receives]
Federal award project period: 10/01/2018 to
09/30/2022
Federal award project description:
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of
local government, including tribes, to support a broad range of criminal justice related activities
based on their own state and local needs and conditions. Grant funds can be used for state and
local initiatives, technical assistance, training, personnel, equipment, supplies, contractual
support, and information systems for criminal justice, including for any one or more of the
following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3)
prevention and education programs; 4) corrections and community corrections programs; 5)
drug treatment and enforcement programs; 6) planning, evaluation, and technology
improvement programs; 7) crime victim and witness programs (other than compensation); and
8) mental health programs and related law enforcement and corrections programs, including
behavioral programs and crisis intervention teams.
Name of the Federal Awarding Agency: Department of Justice
Pass-through entity: City of Pompano Beach
Contact information for the awarding
official:
Greg Harrison
City of Pompano Beach
100 West Atlantic Blvd.
Room 430
Pompano Beach, FL 33060
Greg.Harrison@copbfl.com
Page-18-of22
Is the Award for Research and Development(R&D)? No
Indirect cost rate for the Federal award: N/A
CFDA Number: 16.738
Award is hereby made in the amount and for the period shown above of a subgrant under Part E of
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1 of such part
(42 U.S.C.3751-3759) ; the Consolidated Appropriations Act,2008, Public Law 110-161; and Public
Law 109-162,Title XI, Department of Justice Reauthorization, Subtitle B, Improving the Department
of Justice's Grant Programs, Chapter 1, Assisting Law Enforcement and Criminal Justice Agencies,
Section 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program, to
the above mentioned subgrantee and subject to any attached or special conditions.
This award is subject to all applicable rules,regulations,and conditions as contained in the Office of Justice
Programs (OJP) Financial Guide, Common Rule for State and Local Governments, or OMB Uniform Grant
Guidance(2 CFR Part 200), in their entirety. It is also subject to the attached standard conditions and such
further rules, regulations and policies as may be reasonably prescribed by the State or Federal
Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-
690.
This award is a cost-reimbursement agreement for satisfactory performance of eligible activities.
Requests for reimbursement may be submitted quarterly or monthly as designated in the Financial
Section of the agreement. Requests for reimbursement will be processed in conjunction with receipt
and review of programmatic performance reports to determine successful completion of minimum
performance for deliverables. Expenditures must be supported with documentation and verified
during annual monitoring. Failure to comply with provisions of this Agreement, or failure to meet
minimum performance specified in the Agreement will result in required corrective action up to and
including project costs being disallowed, withholding of federal funds and/or termination of the
project, as specified within the terms of the Agreement and OMB Uniform Guidance 200.338 -
200.342.
This grant shall become effective on the beginning date of the grant period provided that within 30 days
from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to
the City.
Subrecipient:
By:
Department of
day of , 20_
Date of Acceptance
Page-l9-of22
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The Subrecipient through its authorized representative,acknowledges receipt and acceptance of
subgrant award number 2019-DJ-BX-0432, in the amount of$ . [for the
description of the project submitted by Subrecipient in this grant application, for the period of
08/31/2020 through 09/30/2022,to be implemented in accordance with the approved subgrant
application, and subject to the City's Standard Conditions and any special conditions governing
this subgrant.
This sub-award requires that the Subrecipient adhere to the following:
No recipient or Subrecipient, or entity that receives a 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 restrict, the
reporting of waste, fraud or abuse in accordance with the law to a department or agency
authorized to receive such information. This is not intended to contravene requirements
applicable to classified, sensitive or exempt information.
In accepting this award, the Subgrantee certifies that it neither requires nor has required
employees or contractors to sign such internal confidentiality agreements or statements.
The Subrecipient undertakes a review to validate its compliance with 8 U.S.C. § 1373. If
determined to be in compliance at the time of review, the Subrecipient must submit
documentation that contains a validation to that effect and includes an official legal opinion from
counsel (including related legal analysis) adequately supporting the validation.
If the Subrecipient determines it is not in compliance at the time of review, sufficient and
effective steps must be taken to bring itself into compliance. They will thereafter submit
documentation that details the steps taken, which will contain a validation that it has come into
compliance and includes an official legal opinion from counsel (including related legal analysis).
Subrecipient
By:
Department of
day of , 20_
Page-20-of 22
ATTESTATIONS AND CERTIFICATIONS
This form is required to be completed by the authorized official, or authorized official designee, of all
Subgrantee units of government receiving Edward Byrne Memorial Justice Assistance Grant (JAG)
program federal pass-through funding from the City. In accepting this award,the subgrantee certifies
that it will comply with the requirements set forth below and/or any other requirements of the sub-
award. Failure to do so may result in a hold or freeze on the drawdown of federal funds, and/or
suspension or termination of the Agreement.
Procurement Standards: The Subgrantee, through its authorized representative, certifies the unit of
government below has written procurement policies and standards that are compliant with the
requirements set forth in the Office of Management and Budget (OMB) Uniform Requirements, 2
C.F.R.§§200.317-326,and OJP Financial Guide,Section 3.8.Additionally,the Subgrantee assures these
policies and standards will be utilized for all federal grant related procurement activities
Conflict of interest: Decisions related to use of these grant funds must be free of undisclosed
personal organizational conflicts of interest, both in fact and in appearance. The subgrantee,
through its authorized representative, certifies that the unit of government below is compliant
with OMS Uniform Requirements, 2C.F.R. § 200.112, and OJP Financial Guide Section 3.21
regarding Conflict of Interest, and will notify the City, in writing of any potential conflicts of
interest in accordance with this Agreement. The recipient must disclose in a timely manner, in
writing,all violation of state or federal criminal law involving fraud, bribery,or gratuity violations.
Organization Name:
By:
Department of
day of , 20
Page-21-of22
EXHIBIT C
Grant Award and Special Conditions
Page-22-of 22
U.S.Department of Justice
Office of Justice Programs
# � Bureau of Justice Assistance Grant PAGE 1 OF 30
1 RECIPIENT NAME AND ADDRESS(Including Zip Code) 4 AWARD NUMBER 2019-DJ-BR-0432
City of Pompano Beach
100 W Atlantic Blvd 5 PROJECT PERIOD FROM 10/01/2018 TO 09/30/2022
Pompano Beach,FL 33060-6099
BUDGET PERIOD FROM 10/01/2018 TO 09/30/2022
6.AWARD DATE 09/18/2019 7 ACTION
2a GRANTEE IRS/VENDOR NO 8 SUPPLEMENT NUMBER Initial
481194085 00
2b.GRANTEE DUNS NO
080181167 9 PREVIOUS AWARD AMOUNT $0
3 PROJECT TITLE 10 AMOUNT OF THIS AWARD $501,886
FY 19 JAG
11.TOTAL AWARD $501,886
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
This project is supported wider FY19(BJ.A-JAG State and JAG Local)Title I of Pub.L No 90-351(generally codified at 34 U.S.0 10151-10726),including
subpart 1 of part E(codified at 34 U.S C.10151-10158),see also 28 U S C 530C(a)
14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number)
16 738-Edwaid Byrne Memorial Justice Assistance Giant Piogram
15 METHOD OF PAYMENT
GPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16 TYPED NAME AND TITLE OF APPROVING OFFICIAL 18 TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Katharine T Sullivan Greg Harrison
Principal Deputy Assistant Attoiney Genial City Manager
17.SIGNATURE OF APPROVING OFFICIAL 19 SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A DATE
AGENCY USE ONLY
20 ACCOUNTING CLASSIFICATION CODES 21 UDJUGT0493
FISCAL FUND BUD DIV
YEAR CODE ACT OFC REG SUB POMS AMOUNT
X B DJ 80 00 00 501886
OJP FORM 4000/2(REV 5-87)PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2(REV 4-88)
U S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 2 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
1 Requirements of the award;remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award. By signing and accepting this award on behalf of the recipient,the authorized recipient
official accepts all material requirements of the award,and specifically adopts all such assurances or certifications as if
personally executed by the authorized recipient official.
Failure to comply with any one or more of these award requirements--whether a condition set out in full below,a
condition incorporated by reference below,or an assurance or certification related to conduct during the award period-
-may result in the Office of Justice Programs("OJP")taking appropriate action with respect to the recipient and the
award. Among other things,the OJP may withhold award funds,disallow costs,or suspend or terminate the award.
The U.S.Department of Justice("DOJ"),including OJP,also may take other legal action as appropriate.
Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment
or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S C 10271-10273),and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise(including under 31 U.S.0 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this
award.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted
and supplemented by DOJ in 2 C F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY
2019 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this FY 2019 award
supplements funds previously awarded by OJP under the same award number(e.g.,funds awarded during or before
December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that
are obligated on or after the acceptance date of this FY 2019 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"),see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.littn.
Record retention and access Records pertinent to the award that the recipient(and any subrecipient("subgrantee")at
any tier)must retain--typically for a penod of 3 years from the date of submission of the final expenditure report(SF
425),unless a different retention period applies--and to which the recipient(and any subrecipient("subgrantee")at
any tier)must provide access,include performance measurement information,in addition to the financial records,
supporting documents,statistical records,and other pertinent records indicated at 2 C.F.R.200.333
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the
recipient is to contact OJP promptly for clarification.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 3 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
3. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently,the"DOJ Grants Financial Guide"available at https://ojp gov/financialguide/DOJ/index him),including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide
4. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1,2017,various statutory provisions previously codified elsewhere in the U S.Code were editorially
reclassified(that is,moved and renumbered)to a new Title 34,entitled"Crime Control and Law Enforcement."The
reclassification encompassed a number of statutory provisions pertinent to OJP awards(that is,OJP grants and
cooperative agreements),including many provisions previously codified in Title 42 of the U.S.Code.
Effective as of September 1,2017,any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to
Title 34.This rule of construction specifically includes references set out in award conditions,references set out in
material incorporated by reference through award conditions,and references set out in other award requirements.
5. Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully
completed an"OJP financial management and grant administration training"by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1,2017,will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or
FPOC must have successfully completed an"OJP financial management and grant administration traimng"by 120
calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new
POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful
completion of such a training on or after January 1,2017,will satisfy this condition.
A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for
purposes of this condition is available at https://www.ojp gov/training/fiats htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection
The recipient should anticipate that OJP will immediately withhold("freeze")award fiinds 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 minnms"
indirect cost rate described in 2 C.F.R.200.414(f),and that elects to use the"de minimis"indirect cost rate,must advise
OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200
Uniform Requirements. The"de minimis"rate may be applied only to modified total direct costs(MTDC)as defined
by the Part 200 Uniform Requirements.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 4 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
7 Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal
funds during the period of performance for this award,the recipient promptly must determine whether funds from any
of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the
identical cost items for which funds are provided under this award If so,the recipient must promptly notify the DOJ
awarding agency(OJP or OV W,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ
awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to
eliminate any inappropriate duplication of funding.
& Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management(SAM),
currently accessible at https-//www.sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients
(first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the
recipient)the unique entity identifier required for SAM registration
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OR web site
at https://ojp.gov/funding/Explore/SAM him(Award condition. System for Award Management(SAM)and Universal
Identifier Requirements),and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to
any business or non-profit organization that he or she may own or operate in his or her name).
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE s OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
9. Employment eligibility verification for hiring under the award
1.The recipient(and any subrecipient at any tier)must--
A Ensure that,as part of the hiring process for any position within the United States that is or will be funded(in whole
or in part)with award funds,the recipient(or any subrecipient)properly verifies the employment eligibility of the
individual who is being hired,consistent with the provisions of 8 U S.0 1324a(a)(1)and(2)
B.Notify all persons associated with the recipient(or any subrecipient)who are or will be involved in activities under
this award of both--
(1)this award requirement for verification of employment eligibility,and
(2)the associated provisions in 8 U.S.0 1324a(a)(1)and(2)that,generally speaking,make it unlawful,in the United
States,to hire(or recruit for employment)certain aliens.
C.Provide training(to the extent necessary)to those persons required by this condition to be notified of the award
requirement for employment eligibility verification and of the associated provisions of 8 U.S.0 1324a(a)(1)and(2).
D.As part of the recordkeeping for the award(including pursuant to the Part 200 Uniform Requirements),maintain
records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with
Form I-9 record retention requirements,as well as records of all pertinent notifications and tramings.
2 Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition.
4.Rules of construction
A.Staff involved in the hiring process
For purposes of this condition,persons"who are or will be involved in activities under this award"specifically includes
(without limitation)any and all recipient(or any subrecipient)officials or other staffwho are or will be involved in the
hiring process with respect to a position that is or will be funded(in whole or in part)with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,the
recipient(or any subrecipient)may choose to participate in,and use,E-Verify(www.e-verify gov),provided an
appropriate person authorized to act on behalf of the recipient(or subrecipient)uses E-Verify(and follows the proper
E-Verify procedures,including in the event of a"Tentative Nonconfirmation"or a"Final Nonconfrmation")to
confirm employment eligibility for each hiring for a position in the United States that is or will be funded(in whole or
in part)with award funds.
C "United States"specifically includes the District of Columbia,Puerto Rico,Guam,the Virgin Islands of the United
States,and the Commonwealth of the Northern Mariana Islands
D.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or
OJP FORM 4000/2(REV 4-88)
U S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 6 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
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 4.13.,shall be understood to relieve any recipient,any subrecipient
at any tier,or any person or other entity,of any obligation otherwise imposed by law,including 8 U.S C 1324a(a)(1)
and(2)
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify
website(https.//www.e-verify gov/)or email E-Verify at E-Verify@dhs gov E-Verify employer agents can email E-
Verify at E-VerifyEmployerAgent@dhs.gov
Questions about the meaning or scope of this condition should be directed to OJP,before award acceptance.
10. Requirement to report actual or imminent breach of personally identifiable information(PI I)
The recipient(and any"subrecipient"at any tier)must have written procedures in place to respond in the event of an
actual or imminent"breach"(OMB M-17-12)if it(or a subrecipient)--(1)creates,collects,uses,processes,stores,
maintains,disseminates,discloses,or disposes of"personally identifiable information(PII)"(2 CFR 200.79)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 OJP Program Manager no later than 24 hours after an occurrence of an actual breach,or the detection of an
imminent breach
11. All subawards("subgrants")must have specific federal authorization
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that--for purposes of federal grants
administrative requirements--OJP considers a"subaward"(and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https.//ojp.gov/fundmg/Explore/SubawardAuthorization.htm(Award condition: All subawards("subgrants")must have
specific federal authorization),and are incorporated by reference here
12. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed$250,000
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold(currently,$250,000). This condition applies to agreements that--for purposes of
federal grants administrative requirements--OJP considers a procurement"contract"(and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https.//ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition. Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed$250,000)),and are incorporated by reference here
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 7 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
13. Unreasonable restrictions on competition under the award,association with federal government
SCOPE.This condition applies with respect to any procurement of property or services that is funded(in whole or in
part)by this award,whether by the recipient or by any subrecipient at any tier,and regardless of the dollar amount of
the purchase or acquisition,the method of procurement,or the nature of any legal instrument used.The provisions of
this condition must be among those included in any subaward(at any tier).
1.No discrimination,in procurement transactions,against associates of the federal government
Consistent with the(DOJ)Part 200 Uniform Requirements--including as set out at 2 C.F R 200 300(requiring
awards to be"manage[d]and administer[ed]in a mariner 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
competition"and forbidding practices"restrictive of competition,"such as"[p]lacing unreasonable 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 of such an associate),except as expressly set out in 2 C F.R
200.319(a)or as specifically authorized by USDOJ
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,contractor or subcontractor(at any tier),grant
recipient or-subrecipient(at any tier),agent,or otherwise--in undertaking any work,project,or activity for or on
behalf of(or in providing goods or services to or on behalf of)the federal government,and includes any applicant for
such employment or engagement,and any person or entity committed by legal instrument to undertake any such work,
project,or activity(or to provide such goods or services)in future.
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or
any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law.
OJP FORM 4000/2(REV 4-88)
U.S Department of Justice
Office of Justice Programs AWARD CONTINUATION
0 Bureau of Justice Assistance SHEET PAGE 8 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
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 subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including
requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the
part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp gov/funding/Explore/Prohib/tedConduct-Trafficking.htm(Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP
authority to terminate award)),and are incorporated by reference here
15. Determination of suitability to interact with participating minors
SCOPE.This condition applies to this award if it is indicated--in the application for the award(as approved by
DOJ)(or in the application for any subaward,at any tier),the DOJ funding announcement(solicitation),or an
associated federal statute--that a purpose of some or all of the activities to be carried out under the award(whether by
the recipient,or a subrecipient at any tier)is to benefit a set of individuals under 18 years of age.
The recipient,and any subrecipient at any tier,must make determinations of suitability before certain individuals may
interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https-//ojp.gov/ftuiding/Explore/Interact-Minors.btm
(Award condition. Determination of suitability required,in advance,for certain individuals who may interact with
participating minors),and are incorporated by reference here.
16 Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and
other events
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations,
policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where
applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"DOJ Grants Financial Guide").
17. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner(including within the timeframes)specified by OJP in the program
solicitation or other applicable written guidance Data collection supports compliance with the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws
18. OJP Training Guiding Principles
Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https-//ojp.gov/funding/ImplementiTrainingPrinciplesForGrantees-Subgrantees htm.
OJP FORM 4000/2(REV 4-88)
U S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 9 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
19. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold
award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits,
investigations,or reviews of DOJ awards.
20. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high-
risk"for purposes of the DOJ high-risk grantee list
21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an
equal employment opportunity program
22 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C F.R Part 54
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs"
23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C F R.Part 38(as may be applicable from time to tune),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 ofreligion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious
practice. Part 38,currently,also sets out rules and requirements that pertain to recipient and subrecipient
("subgrantee")organizations that engage in or conduct explicitly religious activities,as well as rules and requirements
that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C F.R.Part 38 is available via the Electronic Code of Federal Regulations(currently accessible at
https•//www.cefr.gov/cgi-bin/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part
38,under e-CFR"current"data.
ON FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 10 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
24. Restrictions on"lobbying"
In general,as a matter of federal law,federal funds awarded by OJP may not be used by the recipient,or any
subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal,
modification,or adoption of any law,regulation,or policy,at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient,or any
subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of
Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or
cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending,
or modifying any such award. See 31 U S C 1352. Certain exceptions to this law apply,including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might
fall within the scope of these prohibitions,the recipient is to contact OJP for guidance,and may not proceed Without the
express prior written approval of OJP.
25 Compliance with general appropriations-law restrictions on the use of federal funds(FY 2019)
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes. Pertinent restrictions,including from various"general
provisions"in the Consolidated Appropriations Act,2019,are set out at
https•//ojp gov/funding/Explore/FY19AppropriationsRestiietions.htm,and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might
fall within the scope of an appropriations-law restriction,the recipient is to contact OJP for guidance,and may not
proceed without the express prior written approval of OJP.
26. Reporting potential fraud,waste,and abuse,and similar misconduct
The recipient and any subrecipients("subgrantees")must promptly refer to the DOJ Office of the Inspector General
(OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other person
has,in connection with funds under this award--(1)submitted a claim that violates the False Claims Act,or(2)
committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar
misconduct.
Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the
OIG by--(I)online submission accessible via the OIG webpage at https://oigjustice.gov/hotline/contact-grants htm
(select"Submit Report Online");(2)mail directed to:Office of the Inspector General,U S Department of Justice,
Investigations Division,1425 New York Avenue,N W.Suite 7100,Washington,DC 20530;and/or(3)by facsimile
directed to the DOJ OIG Fraud Detection Office(Attu- Grantee Reporting)at(202)616-9881(fax).
Additional information is available from the DOJ OIG website at https://oig.justice gov/hotline.
OJP FORM 4000/2(REV 4-88)
U S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
r Bureau of Justice Assistance SHEET PAGE 11 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
27. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or
subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in
accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended,and shall not be understood by the agency making this award,to contravene
requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to
sensitive compartmented information),or any other form issued by a federal department or agency governing the
nondisclosure of classified information
1. In accepting this award,the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or
contractors from reporting waste,fraud,or abuse as described above,and
b. certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,
or abuse as described above,it will itmmediately stop any further obligations of award funds,will provide prompt
written notification to the federal agency making this award,and will resume(or permit resumption of)such
obligations only if expressly authorized to do so by that agency.
2 If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or
both--
a it represents that--
(]) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,
fraud,or abuse as described above;and
(2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and
b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will
immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to
the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly
authorized to do so by that agency
OJP FORM 4000/2(REV 4-88)
U.S Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PACE 12 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
28. Compliance with 41 U.S C.4712(including prohibitions on reprisal;notice to employees)
The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41
U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a
gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public
health or safety,or a violation of law,rule,or regulation related to a federal grant.
The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of
employee rights and remedies under 41 U.S.C.4712.
Should a question arise as to the applicability of the provisions of 41 U S C.4712 to this award,the recipient is to
contact the DOJ awarding agency(OJP or OVW,as appropriate)for guidance.
29 Encouragement of policies to ban text messagmg while driving
Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed Reg.
51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies
bannmg employees from text messaging while driving any vehicle during the course of performing work funded by this
award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease
crashes caused by distracted drivers
30 Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ
If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time
during the course of the period of performance under this award,the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include
the following: 1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient
was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and
email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency
OJP FORM 4000/2(REV 4-88)
U.S Department of Justice
Office of Justice Programs AWARD CONTINUATION
t Bureau of Justice Assistance SHEET PAGE 13 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
31. Noninterference(within the funded"program or activity")with federal law enforcement 8 U.S.C. 1373 and 1644;
ongoing compliance
1.With respect to the"program or activity"funded in whole or part under this award(including any such program or
activity of any subrecipient at any tier),throughout the period of performance,no State or local government entity,-
agency,or-official may prohibit or in any way restrict--(1)any government entity or-official from sending or
receiving information regarding citizenship or immigration status as described in 8 U S.C. 1373(a);or(2)a government
entity or-agency from sending,requesting or receiving,maintaining,or exchanging information regarding immigration
status as described in either 8 U.S C. 1373(b)or 1644 Any prohibition(or restriction)that violates this condition is an
"information-communication restriction"under this award.
2.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition
3.Allowable costs Compliance with these requirements is an authorized and priority purpose of this award.To the
extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a
local government,or a public institution of higher education,incurs to implement this condition.
4.Rules of Construction
A.For purposes of this condition.
(1)"State"and"local government"include any agency or other entity thereof,but not any institution of higher
education or any Indian tribe.
(2)A"public"institution of higher education is defined as one that is owned,controlled,or directly funded(in whole or
in substantial part)by a State or local government.(Such a public institution is considered to be a"government entity,"
and its officials to be"government officials")
(3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U S.C.2000d-4a)
(4)"Immigration status"means what it means under 8 U S.C. 1373 and 8 U S.C. 1644,and terms that are defined in 8
U.S.C. 1101 mean what they mean under that section l 101,except that"State"also includes American Samoa
(5)Pursuant to the provisions set out at(or referenced in)8 U S.0 1551 note("Abolition..and Transfer of
Functions"),references to the"Immigration and Naturalization Service"in 8 U.S C. 1373 and 1644 are to be read as
references to particular components of the Department of Homeland Security(DHS).
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,any public institution of higher education,or any other entity(or individual)to violate any
federal law,including any applicable civil rights or nondiscrinimation law.
IMPORTANT NOTE Any questions about the meaning or scope of this condition should be directed to OJP,before
award acceptance.
OJP FORM 4000/2(REV 4-88)
U.S Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 14 OF 30
is
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
32. No use of funds to interfere with federal law enforcement:8 U.S C. 1373 and 1644;ongoing compliance
1.Throughout the period of performance,no State or local government entity,-agency,or-official may use funds
under this award(including under any subaward,at any tier)to prohibit or in any way restrict--(1)any government
entity or-official from sending or receiving information regarding citizenship or immigration status as described in 8
U.S.C. 1373(a),or(2)a government entity or-agency from sending,requesting or receiving,maintaining,or
exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b)or 1644.Any prohibition
(or restriction)that violates this condition is an"information-communication restriction"under this award.
2.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
3.Allowable costs.Compliance with these requirements is an authorized and priority purpose of this award.To the
extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a
local government,or a public institution of higher education,incurs to implement this condition.
4.Rules of Construction.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference
(within the funded"program or activity")with federal law enforcement.8 U.S.C. 1373 and 1644,ongoing compliance"
condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
I Bureau of Justice Assistance SHEET PAGE 15 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
33. Authority to obligate award funds contingent on noninterference(withal the funded"program or activity")with federal
law enforcement 8 U S.C. 1373 and 1644,unallowable costs;notification
1.If the recipient is a"State,"a local government,or a"public"institution of higher education:
A.The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient
(or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that is
funded in whole or in part with award funds is subject to any"infornation-communication restriction."
B.In addition,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to
reimburse itself if--at the time it incurs such costs--the program or activity of the recipient(or of any subrecipient
at any tier that is a State,a local government,or a public institution of higher education)that would be reimbursed in
whole or in part with award funds was subject to any information-communication restriction.
C.Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation
by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and each subrecipient
(regardless of tier)that is a State,local government,or public institution of higher education,is in compliance with the
award condition entitled"Noninterference(within the funded'program or activity')with federal law enforcement 8
U S.C. 1373 and 1644;ongoing compliance."
D.The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance
with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the
recipient,or of any subrecipient at any tier that is either a State or a local government or a public institution of higher
education,may be subject to any information-commmunication restriction In addition,any subaward(at any tier)to a
subrecipient that is a State,a local government,or a public institution of lugher education must require prompt
notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an
information-Communication restriction
2.Any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher
education must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the program
or activity of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with
award funds is subject to any information-communication restriction
3.Absent an express written determination by DOJ to the contrary,based upon a fording by DOJ of compelling
circumstances(e a.,a small ainoumt 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 detennaiation,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the"Noninterference . 8 U S.C. 1373 and
1644,ongoing compliance"award condition.
4 Rules of Construction
A For purposes of this condition"information-communication restriction"has the meaning set out in the
"Noninterference..8 U.S C 1373 and 1644;ongoing compliance"condition.
B Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference..8 U S.C. 1373 and
1644,ongoing compliance"condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
is Bureau of Justice Assistance SHEET PAGE 16 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
34 Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement:8 U S.0
1373 and 1644;unallowable costs;notification
1.If the recipient is a"State,"a local government,or a"public"institution of higher education:
A The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient
(or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that is
funded in whole or in part with award funds is subject to any"information-communication restriction."
B.In addition,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to
reimburse itself if--at the time it incurs such costs--the program or activity of the recipient(or of any subrecipient
at any tier that is a State,a local government,or a public institution of higher education)that would be reimbursed in
whole or in part with award funds was subject to any information-communication restriction.
C.Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation
by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and each subrecipient
(regardless of tier)that is a State,local government,or public institution of higher education,is in compliance with the
award condition entitled"No use of funds to interfere with federal law enforcement:8 U S.C. 1373 and 1644;ongoing
compliance."
D.The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance
with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the
recipient,or of any subrecipient at any tier that is either a State or a local government or a public institution of higher
education,may be subject to any information-communication restriction.In addition,any subaward(at any tier)to a
subrecipient that is a State,a local government,or a public institution of higher education must require prompt
notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an
information-communication restriction.
2 Any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher
education must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the program
or activity of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with
award funds is subject to any information-communication restriction
3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling
circumstances(e g.,a small amount of award fiords obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award
funds that,under this condition,may not be made shall be unallowable costs for purposes of this award.In making any
such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the"No use of funds to interfere.. 8 U.S.C.
1373 and 1644;ongoing compliance"award condition.
4.Rules of Construction. The"Rules of Construction"set out in the"Authority to obligate award funds contingent on
noninterference(within the funded"program or activity")with federal law enforcement:8 U.S C. 1373 and 1644;
unallowable costs;notification"condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV 4-88)
U.S Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 17 of 30
ID Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
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 any her)
1.Noninterference No public disclosure of federal law enforcement information in order to conceal,harbor,or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law(including 8
U.S.C. 1324 and 18 U S.C.chs. 1,49,227),no public disclosure may be made of any federal law enforcement
information in a direct or indirect attempt to conceal,harbor,or shield from detection any fugitive from justice under 18
U.S C ch 49,or any alien who has come to,entered,or remains in the United States in violation of 8 U.S.C.ch. 12--
without regard to whether such disclosure would constitute(or could form a predicate for)a violation of 18 U.S.C.
1071 or 1072 or of 8 U.S.0 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 allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A For purposes of this condition--
(1)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see 8 U.S.C.
1101(a)(3)),
(2)the term"federal law enforcement information"means law enforcement sensitive information communicated or
made available,by the federal government,to a State or local government entity,-agency,or-official,through any
means,including,without limitation--(1)through any database,(2)in connection with any law enforcement
partnership or-task-force,(3)in connection with any request for law enforcement assistance or-cooperation,or(4)
through any decontliction(or courtesy)notice of planned,imminent,commencing,continuing,or impending federal
law enforcement activity;
(3)the term"law enforcement sensitive information"means records or information compiled for any law enforcement
purpose;and
(4)the term"public disclosure"means any communication or release other than one--(a)within the recipient,or(b)to
any subrecipient(at any tier)that is a government entity.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity')with federal law enforcement:8 U.S.0 1373 and 1644 and ongomg compliance"award
condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV 4-88)
U.S Department of Justice
Office of Justice Programs AWARD CONTINUATION
19 Bureau of Justice Assistance SHEET PAGE 18 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
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 the recipient accepts this award,and throughout the remainder of the
period of performance.Its provisions must be among those included in any subaward(at any tier).
1.No use of funds to interfere:No public disclosure of federal law enforcement information in order to conceal,harbor,
or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law(including 8
U.S.C. 1324 and 18 U.S.C.chs. 1,49,227),no funds under this award may be used to make any public disclosure of
any federal law enforcement information in a direct or indirect attempt to conceal,harbor,or shield from detection any
fugitive from justice under 18 U.S.C.ch 49,or any alien who has come to,entered,or remains in the United States in
violation of 8 U S.C.ch. 12--without regard to whether such disclosure would constitute(or could form a predicate
for)a violation of 18 U S.C. 1071 or 1072 or of 8 U.S.0 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 allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition
4.Rules of construction.
The"Rules of Construction"set out in the"Noninterference(within the funded"program or activity")with federal law
enforcement.No public disclosure of certain law enforcement sensitive information"award condition are incorporated
by reference as though set forth here in full.
OJP FORM 4000/2(REV 4-88)
US Department of Justice
Office of Justice Programs AWARD CONTINUATION
i Bureau of Justice Assistance SHEET PAGE 19 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
37. Noninterference(within the funded"program or activity")with federal law enforcement:Interrogation of certain aliens
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by this
award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance for
the award Its provisions must be among those included in any subaward(at any tier)
1.Noninterference with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations--including 8 U.S.C. 1357(a),under which certain
federal officers and employees"have power without warrant. to interrogate any alien or person believed to bean alien
as to his right to be or to remain in the United States,"and 8 C.F.R.287.5(a),under which that power may be exercised
"anywhere in or outside the United States"--within the funded prograin or activity,no State or local government
entity,-agency,or-official may interfere with the exercise of that power to interrogate"without warrant"(by agents of
the United States acting under color of federal law)by impeding access to any State or local government(or
government-contracted)correctional facility by such agents for the purpose of"interrogat[mg]any alien or person
believed to be an alien as to his[or her]right to be or to remain in the United States."
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition
4.Rules ofconstruction
A.For purposes of this condition:
(1)The term"alien"means what it means under section 101 of the Immigration and Nationality Act(INA)(see 8
U.S.C. 1101(a)(3)).
(2)The term"correctional facility"means what it means under the title I of the Omnibus Crime Control and Sate
Streets Act of 1968(see 34 U.S.C. 10251(a)(7))
(3)The term"impede"includes taking or continuing any action,or implementing or maintaining any law,policy,rile,
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.
B Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity')with federal law enforcement 8 U S.C. 1373 and 1644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 20 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
38. No use of fends 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 U S.C. 1357(a),under which certain
federal officers and employees"have power without warrant...to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States,"and 8 C.F.R.287.5(a),under which that power may be exercised
"anywhere in or outside the United States"—no State or local government entity,-agency,or-official may use funds
under this award to interfere with the exercise of that power to interrogate"without warrant"(by agents ofthe 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"mterrogat[ing]any alien or person believed to be an
alien as to his[or her]right to be or to remain in the United States"
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3 Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e g.,training)designed to ensure compliance with this
condition.
4.Rules ofconstruction.
The"Rules of Construction"set out in the"Noninterference(within the funded"program or activity")with federal law
enforcement:Interrogation of certain aliens"award condition are incorporated by reference as though set forth here in
full.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
_ Office of Justice Programs AWARD CONTINUATION
p Bureau of Justice Assistance SHEET PAGE 21 OF 30
+�'" " Grant
PROJECTNUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
39. Noninterference(within the funded"program or activity")with federal law enforcement Notice of scheduled release
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the
award,as of the date the recipient accepts the award,and throughout the remainder of the period of performance Its
provisions must be among those included in any subaward at any tier
1 Noninterference with"removal"process:Notice of scheduled release date and time
Consonant with federal law enforcement statutes--including 8 U S.C. 1231(for an alien incarcerated by a State or
local government,a 90-day"removal period"during which the federal government"shall"detain and then"shall"
remove an alien from the U S."begins"no later than"the date the alien is released from...confinement";also,the
federal government is expressly authorized to make payments to a"State or a political subdivision of the State ..with
respect to the incarceration of[an]undocumented criminal alien");8 U.S.C. 1226(the federal government"shall take
into custody"certain criminal aliens"when the alien is released");and 8 U.S C 1366(requiring an annual DOJ report
to Congress on"the number of illegal alien[felons]in Federal and State prisons"and programs underway"to ensure the
prompt removal"from the U S.of removable"criminal aliens")--within the funded program or activity,no State or
local government entity,-agency,or-official(including a government-contracted correctional facility)may interfere
with the"removal"process by failing to provide--as early as practicable(see para.4.0 below)--advance notice to
DHS of the scheduled release date and time for a particular alien,if a State or local government(or government-
contracted)correctional facility receives from DHS a formal written request pursuant to the INA that seeks such
advance notice.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition
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.The"Rules of Construction"set out in the"Noninterference(within the funded"program or activity")with federal
law enforcement:Interrogation of certain aliens"award condition are incorporated by reference as though set forth here
in full
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,or any other entity or individual to maintain(or detain)any individual in custody beyond the
date and time the individual otherwise would have been released
C.Applicability
(1)Current DHS practice is ordmarily to request advance notice of scheduled release"as early as practicable(at least
48 hours,if possible)."(See DHS Form I-247A(3/17)).If(e g,in light of the date DHS made such request)the
scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested,it
shall NOT be a violation ofthis condition to provide only as much advance notice as practicable
(2)Current DHS practice is to use the same form for a second,distinct purpose--to request that an individual be
detained for up to 48 hours AFTER the scheduled release.This condition does NOT encompass such DHS requests for
detention.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 22 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
40. No use of funds to interfere with federal law enforcement:Notice of scheduled release
SCOPE.This condition applies as of the date the recipient accepts the award,and throughout the remainder of the
period of performance.Its provisions must be among those included in any subaward at any tier.
1.No use of funds to interfere with"removal"process Notice of scheduled release date and time
Consonant with federal law enforcement statutes--including 8 U S.C. 1231(for an alien incarcerated by a State or
local government,a 90-day"removal period"during which the federal government"shall"detain and then"shall"
remove an alien from the U.S."begins"no later than"the date the alien is released from...confinement';also,the
federal government is expressly authorized to make payments to a"State or a political subdivision of the State.. with
respect to the incarceration of[an]undocumented criminal alien");8 U.S.C. 1226(the federal government"shall take
into custody"certain criminal aliens"when the alien is released");and 8 U.S C. 1366(requiring an annual DOJ report
to Congress on"the number of illegal alien[felons]in Federal and State prisons"and programs underway"to ensure the
prompt removal"from the U.S.of removable"criminal aliens")--no State or local government entity,-agency,or-
official(including a government-contracted correctional facility)may use funds under this award to interfere with the
"removal"process by failing to provide--as early as practicable(see para.4.C.below)--advance notice to DHS of
the scheduled release date and time for a particular alien,if a State or local government(or government-contracted)
correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.
2 Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition
4.Rules of construction
The"Rules of Construction"set out in the"Noninterference(within the funded"program or activity")with federal law
enforcement.Notice of scheduled release"award condition are incorporated by reference as though set forth here in
full
41 Requirement to collect certain information from subrecipients
Except as provided in this condition,the recipient may not make a subaward to a State,a local government,or a
"public"institution of higher education,unless it first obtains from the proposed subrecipient responses to the questions
identified in the program solicitation as"Information regarding Communication with the Department of Homeland
Security(DHS)and/or Immigration and Customs Enforcement(ICE)."All subrecipient responses must be collected and
maintained by the recipient,consistent with document retention requirements,and must be made available to DOJ upon
request.Responses to these questions are not required from subrecipients that are either a tribal
government/organization,a nonprofit organization,or a private institution of higher education.
OJP FORM 4000/2(REV 4-88)
US Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 23 OF 30
s
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
42. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and
procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial
Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits The
recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks,including
documentation related to any subawards made under this award Further,the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards,including,but not limited to-withholdings and/or other
restrictions on the recipient's access to award funds;referral to the DOJ OIG for audit review;designation of the
recipient as a DOJ High Risk grantee,or termination of an award(s).
43. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards("subgrants")of$25,000 or
more and,in certain circumstances,to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds. The details of recipient
obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm(Award condition:Reporting Subawards and
Executive Compensation),and are incorporated by reference here.
This condition,including its reporting requirement,does not apply to--(1)an award of less than$25,000,or(2)an
award made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
44. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes,regulations,award
conditions,and the DOJ Grants Financial Guide,and must include the applicable conditions of this award in any
subaward.Among other things,the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients The recipient agrees to submit,upon
request,documentation of its policies and procedures for monitoring of subawards under this award.
45. Use of program income
Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report,SF 425.
46. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharma,
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.cjp.gov/gsp_grantcondition.
The recipient(and any subrecipient at any tier)must document planned approaches to information sharing and describe
compliance with the GSP and appropriate privacy policy that protects shared information,or provide detailed
Justification for why an alternative approach is recommended
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 24 OF 30
is
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
47. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate comnectivity between jurisdictions,such systems shall employ,to the extent
possible,existing networks as the communication backbone to achieve interstate connectivity,unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
48 Compliance with 28 C F.R.Part 23
With respect to any information technology system funded or supported by funds under this award,the recipient(and
any subrecipient at any tier)must comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if
OJP determines this regulation to be applicable.Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at
its discretion,perform audits of the system,as per the regulation.Should any violation of 28 C.F.R.Part 23 occur,the
recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
49 Protection of human research subjects
The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R.Part 46 and all OJP
policies and procedures regarding the protection of human research subjects,including obtainment of Institutional
Review Board approval,if appropriate,and subject informed consent.
50. Confidentiality of data
The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of 34 U.S.0 10231
and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.The recipient further
agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28
C F.R.Part 22 and,in particular,28 C.F.R.22.23.
51 Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized
Representative contact information in GMS,including telephone number and e-mail address If any information is
incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System
(GMS)to document changes.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
1 Bureau of Justice Assistance SHEET PAGE 25 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
52. Law enforcement task forces-required training
Within 120 days of award acceptance,each current member of a law enforcement task force funded with award funds
who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,
must complete required online(internet-based)task force framing Additionally,all future task force members must
complete this training once during the period of performance for this award,or once every four years if multiple OJP
awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and
Leadership(www ctfli.org).The training addresses task force effectiveness,as well as other key issues including
privacy and civil liberties/rights,task force performance measurement,personnel selection,and task force oversight and
accountability If award funds are used to support a task force,the recipient must compile and maintain a task force
personnel roster,along with course completion certificates
Additional information regarding the training is available through BJA's web site and the Center for Task Force
Integrity and Leadership(www.ctfli org).
53. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of$650 per day A detailed
Justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
54 Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks--including 18 U S.C.922 and 34
U.S C.ch.409--if the recipient(or any subrecipient at any tier)uses this award to fund(in whole or in part)a specific
project or program(such as a law enforcement,prosecution,or court program)that results m any court dispositions,
information,or other records that are"eligible records"(under federal or State law)relevant to the National Instant
Background Check System(NICS),or that has as one of its purposes the establishment or improvement of records
systems that contain any court dispositions,information,or other records that are"eligible records"(under federal or
State law)relevant to the NICS,the recipient(or subrecipient,if applicable)must ensure that all such court
dispositions,information,or other records that are"eligible records"(under federal or State law)relevant to the NICS
are promptly made available to the NICS or to the"State"repository/database that is electronically available to(and
accessed by)the NICS,and--when appropriate--promptly must update,correct,modify,or remove such NICS-
relevant"eligible records".
In the event of minor and transitory non-compliance,the recipient may submit evidence to demonstrate diligent
monitoring of compliance with this condition(including subrecipient compliance) DOJ will give great weight to any
such evidence in any express written determination regarding this condition
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 26 OF 30
0 Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
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
Enviromnental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental
impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient
Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior
to obligatmg funds for any of these purposes.If it is determined that any of the following activities will be funded by
the award,the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below,whether or not they are being
specifically funded with these award funds.That is,as long as the activity is being conducted by the recipient,a
subrecipient,or any third party,and the activity needs to be undertaken in order to use these award funds,this condition
must first be met.The activities covered by this condition are:
a.New construction;
b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including
properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or
eligible for listing on the National Register of Historic Places;
c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an
incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or
education environments;and
e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the
identification,seizure,or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement,as directed by BJA.The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan,as detailed at littps://bja.gov/Fundmg/nepa.html,for
progrars relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients'existing programs or activities that will be funded by these award funds,the recipient,upon specific
request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
56. Establishment of trust fund
If award funds are being drawn down in advance,the recipient(or a subrecipient,with respect to a subaward)is
required to establish a trust fund account.Recipients(and subrecipients)must maintain advance payments of federal
awards in interest-bearing accounts,unless regulatory exclusions apply(2 C.F.R.200.305(b)(8)).The trust fund,
including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the award
funds in the trust fund(including any interest earned)during the period of performance for the award and expend
within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to OJP at
the time of closeout.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
10 Bureau of Justice Assistance SHEET PAGE 27 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
57 Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50%match for purposes of the DOJ Bulletproof Vest Partnership(BVP)program
58. Certification of body armor"mandatory wear"policies
If recipient uses funds under this award to purchase body armor,the recipient must submit a signed certification that
law enforcement agencies receiving body armor purchased with funds from this award have a written"mandatory
wear"policy in effect.The recipient must keep signed certifications on file for any subrecipients planning to utilize
funds from this award for ballistic-resistant and stab-resistant body armor purchases This policy must be in place for
at least all uniformed officers before any funds from this award may be used by an agency for body armor.There are no
requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers
while on duty.
59. Body armor-compliance with NIJ standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat
level,make or model,from any distributor or manufacturer,as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List(https://nij gov/topics/technology/body-armor/Pages/compliant-ballistic-armor aspx).in addition,
ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely
fitted,as set forth in 34 U S.0 10202(c)(1)(A).The latest NIJ standard information can be found here.https://nij.gov/
topics/technology/body-armor/pages/safety-mitiative.aspx.
60. Body armor-impact on eligibility for other program funds
The recipient understands that the use 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(SF-425)and semi-annual performance reports through
OJP's GMS(https://grants.ojp.usdoj gov) Consistent with the Department's responsibilities under the Goverment
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,the recipient must provide data that
measure the results of its work The recipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool(PMT)website(www bjaperformancetools.org) For more detailed information on
reporting and other JAG requirements,refer to the JAG reporting requirements webpage Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
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 training 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 4000/2(REV 4-88)
U S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
0 Bureau of Justice Assistance SHEET PAGE 28 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
63. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute,unless,as
set forth at 34 U.S.C. 10152,the BJA Director certifies that extraordinary and exigent circumstances exist,making such
expenditures essential to the maintenance of public safety and good order
64. Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,2018
The recipient may obligate(federal)award funds only after the recipient makes a valid acceptance of the award. As of
the first day of the period of performance for the award(October 1,2018),however,the recipient may choose to incur
project costs using non-federal funds,but any such project costs are incurred at the recipient's risk until,at a
minimum--(1)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions are
removed by OR(via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the
condition is removed.)
Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at-
risk,"if and when the recipient makes a valid acceptance of this award and 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"at-risk"earlier during the period of performance(such as project costs incurred prior to
award acceptance or prior to removal of an applicable withholding condition),provided that those project costs
otherwise are allowable costs under the award
Nothing in this condition shall be understood to authorize the recipient(or any subrecipient at any tier)to use award
funds to"supplant"State or local funds in violation of the recipient's certification(executed by the chief executive of
the State or local government)that federal funds will be used to increase the amounts of such funds that would,in the
absence of federal funds,be made available for law enforcement activities.
65. Use of funds for DNA testing;upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System("CODIS,"the DNA database operated by the FBI)by a government DNA
laboratory with access to CODIS
No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without
prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may
be accepted for entry into CODIS
66. Encouragement of submission of"success stories"
BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success
story,sign in to a My BJA account at https•//www.bja gov/Login.aspx to access the Success Story Submission form.If
the recipient does not yet have a My BJA account,please register at https//www.bja.gov/profile.aspx.Once
registered one of the available areas on the My BJA page will be"My Success Stories."Within this box,there is an
option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the BJA Success
Story web page at https.//www.bja.gov/SuccessStoryList.aspx.
OJP FORM 4000/2(REV 4-88)
US Department of Justice
Y Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 29 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
67 Withholding of funds:Required certification from the chief executive of the applicant government
The recipient may not obligate,expend,or draw down any award funds until the recipient submits the required
"Certifications and Assurances by the Chief Executive of the Applicant Government,"properly-executed(as
determined by OJP),and a Grant Adjustment Notice(GAN)has been issued to remove this condition.
68. Recipient integrity and perfonnance matters: Requirement to report information on certain civil,criminal,and
administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil,
criminal,and administrative proceedings connected with(or connected to the performance of)either this OJP award or
any other grant,cooperative agreement,or procurement contract from the federal government. Under certain
circumstances,recipients of OJP awards are required to report information about such proceedings,through the federal
System for Award Management(known as"SAM"),to the designated federal integrity and performance system
(currently,"FAPIIS")
The details of recipient obligations regarding the required reporting(and updating)of information on certain civil,
criminal,and administrative proceedings to the federal designated integrity and performance system(currently,
"FAPIIS")within SAM are posted on the OJP web site at https://ojp gov/fundmg/FAP11S.htm(Award condition-
Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporated by
reference here.
69 Withholding-DHS question attachment
The recipient may not obligate,expend or draw down funds until the Office of Justice Programs has received and
approved the required application attachment(s)described in the program solicitation as"Information regarding
Communication with the Department of Homeland Security(DHS)and/or Immigration and Customs Enforcement
(ICE),"and has issued a Grant Adjustment Notice(GAN)releasing this special condition.
70. Withholding of funds. Budget narrative or mfonnation
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the required budget information or narrative for the award,and a Grant Adjustment Notice(GAN)has
been issued to remove this condition.
71. Withholding of funds- Program narrative
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the program narrative for this award,and a Grant Adjustment Notice(GAN)has been issued to remove
this condition
72. Withholding of funds NIBRS set-aside in Disparate jurisdictions
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and BJA reviews
and accepts,documentation of compliance with the required NIBRS 3 percent set-aside by the recipient and each
disparate subrecipient,and a Grant Adjustment Notice(GAN)has been issued to remove this condition For each
jurisdiction,including the recipient and disparate subrecrpients,such documentation may be either(1)a budget that
clearly documents that the jurisdiction has dedicated at least 3 percent of the total amount of their allocation to NIBRS
compliance activities,or(2)documentation showing that the Jurisdiction has been certified as NIBRS compliant.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
€ Bureau of Justice Assistance SHEET PAGE 30 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
73. Withholding of funds: Memorandum of Understanding
The recipient may not obligate,expend,or draw down any award funds until OR has reviewed and approved the
Memorandum of Understanding(MOU),and a Grant Adjustment Notice(GAN)has been issued to remove this
condition.
OJP FORM 4000/2(REV 4-88)