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City of Tamarac Resolution R-2020-055
Temp. Reso. #TR13453 Page 1 July 8, 2020 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2020 1_5- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA ACCEPTING A 2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) AWARD IN THE AMOUNT OF $10,278.00 AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF POMPANO BEACH PENDING LEGAL REVIEW; AUTHORIZING THE CITY OF POMPANO BEACH TO SERVE AS LEAD AGENCY PROVIDING FOR THE ADMINISTRATION OF THE 2019 JAG GRANT; EXECUTING A MEMORANDUM OF UNDERSTANDING (MOU) PENDING LEGAL REVIEW BETWEEN THE CITY OF TAMARAC AND THE CITY OF POMPANO BEACH FOR THE DISPERSION OF JAG GRANT FUNDS AND WITH THE BROWARD SHERIFF'S OFFICE (BSO) FOR THE RETENTION OF JAG GRANT FUNDS FOR USE IN THE BSO TAMARAC DISTRICT PURSUANT TO CONTRACTS FOR LAW ENFORCEMENT SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to enhance its crime prevention and law enforcement programs; and WHEREAS, the U.S. Department of Justice (DOJ), Bureau of Justice Assistance provides grants for projects that reduce crime and improve public safety: and WHEREAS, DOJ requires that one party serve as the lead agency for cities throughout Broward County for the purposes of filing the application and administering the grant funds as indicated in the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation and Grant Award attached hereto as Exhibits A and B respectively and are incorporated herein by this reference; and Temp. Reso. #TR13453 Page 2 July 8, 2020 WHEREAS, the City of Tamarac agrees to have the City of Pompano Beach serve as the lead agency to file a joint application on behalf of the City and provide for the administration of the 2019 JAG program funds; and WHEREAS, the City of Pompano Beach agrccd to serve as lead agency and received notification that the City of Tamarac is eligible to receive $10,278.00 in JAG funds as indicated on the 2019 Edward Byrne Justice Assistance Local Solicitation Grant Memorandum of Understanding (MOU) attached HERETO as Exhibit C and incorporated HEREIN by this reference; and WHEREAS, up to 10% of the award may be used for costs associated with administering JAG funds and the City of Pompano Beach requests the full 10% or $1,027. 80 as an administrative fee, resulting in a net award of$9,250. ; and WHEREAS, DOJ requires and the City agrees to provide certifications of compliance with 8 U.S. Code § 1644 Communication between State and local government agencies and Immigration and Naturalization Service to be signed by the Tamarac City Manager and City Attorney respectively pending legal review and are attached HERETO as Exhibit D and is incorporated HEREIN by this reference; and WHEREAS, DOJ requires and the City agrees to answer a questionnaire regarding communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE) that is attached HERETO as Exhibit E and is incorporated HEREIN by this reference; and Temp. Reso. #TR13453 Page 3 July 8, 2020 WHEREAS, the Interim Director of Financial Services and BSO Tamarac District Commander recommend acceptance of the 2019 JAG award, approval of the above referenced MOU, and approval of an Edward Byrne JAG Subrecipient Agreement between the City of Pompano Beach and the City of Tamarac and is attached HERETO as Exhibit F and incorporated HEREIN by this reference; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to approve and execute an MOU, Subrecipient Agreement, and necessary documents pending legal review for the 2019 Edward Byrne JAG program between the City of Tamarac, City of Pompano Beach, BSO, and participating agencies; and WHEREAS, the City Commission of the City of Tamarac, Florida, authorizes the City of Pompano Beach to serve as the lead agency providing for the administration of the 2019 Edward Byrne Justice Assistance Grant (JAG) funds for the City of Tamarac. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. Temp. Reso. #TR13453 Page 4 July 8, 2020 SECTION 2: The City Commission of the City of Tamarac HEREBY accepts the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $10,278.00 and approves the execution of a Memorandum of Understanding (MOU), Subrecipient Agreement and necessary documents between the City of Tamarac, the City of Pompano Beach, the Broward Sheriff's Office (BSO), and participating agencies pending legal review. SECTION 3: The City of Pompano Beach is HEREBY authorized to serve as the lead agency and provide for the administration of the 2019 JAG program grant for the City of Tamarac. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #TR13453 Page 5 July 8, 2020 SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this Pl‘,day of \'i,jif/, , 2020. -) MICHELLE . kMEZ MAYOR ATTEST: NIFER JOHNSON, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: V/M BOLTON f �/ F DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: SAMUEL S. GOREN v CITY ATTORNEY EXHIBIT A OMB No. 1121-0329 Approval Expires 11/30/2020 U.S. Department of Justice 0 Office of Justice Programs Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) Program Fiscal Year 2019 Local Solicitation CFDA#: 16.738 Solicitation Release Date: July 25, 2019 Application Deadline: 8;00 p.m. eastern time on August 23, 2019 The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) is seeking applications for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This program furthers the Department's mission by assisting state, local, and tribal law enforcement efforts to prevent or reduce crime and violence. This solicitation incorporates the OJP Grant Application Resource Guide by reference. The OJP Grant Application Resource Guide provides guidance to applicants for the preparation and submission to OJP of applications for funding. If this solicitation expressly modifies any provision in the OJP Grant Application Resource Guide, the applicant is to follow the guidelines in this solicitation as to that provision. This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating the"Limitation on Use of Award Funds for Employee Compensation; Waiver" provisions in the "Financial Information" section of the OJP Grant Application Resource Guide. Eligibility Only units of local government may apply under this solicitation. By law, for purposes of the JAG Program, the term "unit of local government" includes a town, township, village, parish, city, county, borough, or other general purpose political subdivision of a state; or, it may be a federally recognized Indian tribal government that performs law enforcement functions (as determined by the Secretary of the Interior). A unit of local government also may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes; for example, in Louisiana, a unit of local government means a district attorney or parish sheriff. A JAG application is not complete, and a unit of local government may not access award funds, unless the chief executive of the applicant unit of local government (e.g., a mayor) 1 BJA-2019-15141 properly executes, and the unit of local government submits, the "Certifications and Assurances by Chief Executive of Applicant Government" attached to this solicitation as Appendix A. Eligible allocations under JAG are posted annually on the JAG web page. All recipients and subrecipients (including any for-profit organization) must forgo any profit or management fee. Contact Information For technical assistance with submitting an application, contact the Grants Management System (GMS) Support Hotline at 888-549-9901, option 3, or via email at GMS.HelpDeskAusdoj.gov. The GMS Support Hotline operates 24 hours a day, 7 days a week, including on federal holidays. An applicant that experiences unforeseen GMS technical issues beyond its control that prevent it from submitting its application by the deadline must email the National Criminal Justice Reference Service (NCJRS) Response Center at grantsAncirs.gov within 24 hours after the application deadline in order to request approval to submit its application after the deadline. For information on reporting technical issues, see"Experiencing Unforeseen GMS Technical Issues" under How to Apply(GMS) in the OJP Grant Application Resource Guide. For assistance with any other requirement of this solicitation, applicants may contact the NCJRS Response Center by telephone at 1-800-851-3420; via TTY at 301-240-6310 (hearing impaired only); by email at grantsAncirs.gov; by fax to 301-240-5830, or by web chat at https://webcontact.ncjrs.gov/ncjchat/chat.jsp. The NCJRS Response Center hours of operation are 10:00 a.m. to 6:00 p.m. eastern time, Monday through Friday, and 10:00 a.m. to 8:00 p.m. eastern time on the solicitation close date. Applicants also may contact the appropriate BJA State Policy Advisor. Post-Award Legal Requirements Notice If selected for funding, in addition to implementing the funded project consistent with the OJP- approved application, the recipient must comply with all award conditions, and all applicable requirements of federal statutes and regulations (including applicable requirements referred to in the assurances and certifications executed in connection with award acceptance). OJP strongly encourages prospective applicants to review information on post-award legal requirements and common OJP award conditions prior to submitting an application. For additional information on these legal requirements, see the "Administrative, National Policy, and Other Legal Requirements" section in the OJP Grant Application Resource Guide. Deadline details Applicants must register in the OJP Grants Management System (GMS) at https://grants.ojp.usdoi.gov/ prior to submitting an application under this solicitation. All applicants must register, even those that previously registered in GMS. Select the "Apply Online" button associated with the solicitation title. All registrations and applications are due by 8 p.m. eastern time on August 23, 2019. For additional information, see the "How to Apply (GMS)" section in the OJP Grant Application Resource Guide. 2 BJA-2019-15141 Contents A. Program Description 5 Overview 5 Program-specific Information 5 Permissible uses of JAG Funds—In general 5 Limitations on the use of JAG funds 6 Requirements specific to"disparate"jurisdictions 10 Required compliance with applicable federal laws 10 BJA Areas of Emphasis 12 Objectives 14 Evidence-based Programs or Practices 14 Information Regarding Potential Evaluation of Programs and Activities 14 B. Federal Award Information 15 Type of Award 15 Financial Management and System of Internal Controls 16 Budget and Financial Information 16 Cost Sharing or Match Requirement 16 Pre-agreement Costs (also known as Pre-award Costs) 16 Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs 16 Costs Associated with Language Assistance(if applicable) 17 C. Eligibility Information 17 D. Application and Submission Information 17 What an Application Should Include 17 How to Apply 22 E. Application Review Information 22 Review Process 22 F. Federal Award Administration Information 22 Federal Award Notices 22 Administrative, National Policy, and Other Legal Requirements 22 Information Technology (IT) Security Clauses 22 Statutory and Regulatory Requirements;Award Conditions 23 General Information about Post-federal Award Reporting Requirements 24 G. Federal Awarding Agency Contact(s) 24 H. Other Information 24 Freedom of Information Act and Privacy Act (5 U.S.C. § 552 and 5 U.S.C. § 552a) 24 Provide Feedback to OJP 24 3 BJA-2019-15141 Appendix A: Certifications and Assurances by the Chief Executive 25 Appendix B: Certain relevant federal laws, as in effect on April 8, 2019 27 Appendix C: Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE) 33 Appendix D: Additional Award Purposes 34 Appendix E: Application Checklist 37 4 BJA-2019-15141 Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2019 Local Solicitation CFDA #16.738 A. Program Description Overview The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to states and units of local government. BJA will award JAG Program funds to eligible units of local government under this FY 2019 JAG Program Local Solicitation. (A separate solicitation will be issued for applications to BJA directly from states.) Statutory Authority: The JAG Program is authorized by Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a). Program-specific Information Permissible uses of JAG Funds— In general In general, JAG funds awarded to a unit of local government under this FY 2019 solicitation may be used to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice, including any one or more of the following: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Corrections and community corrections programs • Drug treatment and enforcement programs • Planning, evaluation, and technology improvement programs • Crime victim and witness programs (other than compensation) • Mental health programs and related law enforcement and corrections programs Additionally, JAG funds awarded to a unit of local government under this FY 2019 solicitation may be used for any purpose indicated Appendix D. In connection with all of the above purposes (including those indicated in the appendix), it should be noted that the statute defines "criminal justice" as "activities pertaining to crime prevention, control, or reduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend 5 BJA-2019-15141 criminals, including juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not limited to prosecutorial and defender services,juvenile delinquency agencies and pretrial service or release agencies), activities of corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile delinquency." Limitations on the use of JAG funds Prohibited uses of funds—JAG funds may not be used (whether directly or indirectly) for any purpose prohibited by federal statute or regulation, including those purposes specifically prohibited by the JAG Program statute as set out at 34 U.S.C. § 10152. JAG funds may not be used (directly or indirectly) for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or public safety. Additionally, JAG funds may not be used (directly or indirectly)to pay for any of the following items unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order: • Vehicles, vessels, or aircraft* • Luxury items • Real estate • Construction projects (other than penal or correctional institutions) • Any similar items *Police cruisers, police boats, and police helicopters are allowable vehicles under JAG and do not require BJA certification. For information about requesting BJA certification for a listed prohibited item (including Unmanned Aircraft, Unmanned Aerial Vehicles and/or Unmanned Aerial System purchases) or for examples of allowable vehicles that do not require BJA certification, refer to the JAG FAQs. Cap on use of JAG award funds for administrative costs— Up to 10 percent of a JAG award, including up to 10 percent of any earned interest, may be used for costs associated with administering the award. Prohibition of supplanting;no use of JAG funds as match— JAG funds may not be used to supplant state or local funds but must be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. See the JAG FAQs for examples of supplanting. Although supplanting is prohibited, as discussed under What An Application Should Include, leveraging of federal funding is encouraged. Absent specific federal statutory authority to do so, JAG award funds may not be used as a match for the purposes of other federal awards. Other restrictions on use of funds— If a unit of local government chooses to use its FY 2019 JAG funds for particular, defined types of expenditures, it must satisfy certain preconditions. 6 BJA-2019-15141 • Body-Worn Cameras (BWC) - A unit of local government that proposes to use FY 2019 JAG award funds to purchase BWC equipment, or to implement or enhance BWC programs, must provide OJP with a certification(s) that each unit of local government law enforcement agency receiving the equipment or implementing the program has policies and procedures in place related to BWC equipment usage, data storage and access, privacy considerations, and training. The certification form related to BWC policies and procedures can be found at: https://www.bia.00v/Funding/BodyWornCameraCert.pdf. A unit of local government that proposes to use JAG funds for BWC-related expenses will have funds withheld until the required certification is submitted and approved by OJP. If the unit of local government proposes to change project activities to utilize JAG funds for BWC-related expenses after the award is accepted, the unit of local government must submit the signed certification to OJP at that time. Further, before making any subaward for BWC-related expenses, the unit of local government JAG recipient must collect a completed BWC certification from the proposed subrecipient. Any such certifications must be maintained by the unit of local government JAG recipient, and made available to OJP upon request. The BJA$WC Toolkit provides model BWC policies and best practices to assist departments in implementing BWC programs. Apart from the JAG Program, BJA provides funds under the Body-Worn Camera Policy and Implementation Program (BWC Program). The BWC Program allows jurisdictions to develop and implement policies and practices required for effective program adoption and address program factors, including the purchase, deployment, and maintenance of camera systems and equipment; data storage and access; and privacy considerations. Interested units of local government may wish to refer to the BWC web page for more information. Units of local government should note, however, that JAG funds maynot be g et used as any part of the 50 percent match required by the BWC Program. • Body Armor- Body armor purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the following requirements are met: The body armor must have been tested and found to comply with the latest applicable National Institute of Justice (NIJ) ballistic or stab standards. In addition, body armor purchased must be made in the United States. Finally, body armor purchased with JAG funds must be "uniquely fitted vests," which means protective (ballistic or stab-resistant) armor vests that conform to the individual wearer to provide the best possible fit and coverage, through a combination of: 1) correctly-sized panels and carrier, determined through appropriate measurement, and 2) properly adjusted straps, harnesses, fasteners, flaps, or other adjustable features. The requirement that body armor be "uniquely fitted" does not necessarily require body armor that is individually manufactured based on the measurements of an individual wearer. In support of OJP's efforts to improve officer safety, the American Society for Testing and Materials (ASTM) International has made available the Standard Practice for Body Armor Wearer Measurement and Fitting of Armor (Active Standard ASTM E3003) available at no cost. The Personal Armor Fit Assessment checklist is excerpted from ASTM E3003. A unit of local government that proposes to use FY 2019 JAG award funds to purchase body armor must provide OJP with a certification(s) that each unit of local government 7 B]A-2019-15141 law enforcement agency receiving body armor has a written "mandatory wear" policy in effect. See 34 U.S.C. § 10202(c). The certification form related to mandatory wear can be found at: www.bja.gov/Funding/BodyArmorMandatoryWearCert.pdf. There are no requirements regarding the nature of the policy other than it specify when mandatory wear is required for uniformed officers on duty. FAQs related to the mandatory wear policy requirement can be found at ojp.gov/bvpbasi/docs/FAQsBVPMandatoryWearPolicy.pdf. A mandatory wear concept and issues paper and a model policy are available at the BVP Customer Support Center, at vests@usdoj.gov or toll free at 1-877-758-3787. A unit of local government that proposes to use JAG funds to purchase body armor will have funds withheld until the required certification is submitted and approved by OJP. If the unit of local government proposes to change project activities to utilize JAG funds to purchase body armor after the award is accepted, the unit of local government must submit the signed certification to OJP at that time. Further, before making any subaward for the purchase of body armor, the unit of local government JAG recipient must collect a completed mandatory wear certification from the proposed subrecipient. Any such certifications must be maintained by the local government JAG recipient, and made available to OJP upon request. Apart from the JAG program, BJA provides funds under the Bulletproof Vest Partnership (BVP) Program. The BVP Program is designed to provide a critical resource to state and local law enforcement agencies for the purchase of ballistic-resistant and stab-resistant body armor. For more information on the BVP Program, including eligibility and application, refer to the BVP web page. Units of local government should note, however, that JAG funds may not be used as any part of the 50 percent match required by the BVP Program. It is also important to note that pursuant to the BVP program statute, at 34 U.S.C. § 10532(c), the use of JAG funding by a unit of local government may impact its eligibility for funding under the BVP program. If a unit of local government uses JAG funds to purchase armor vests, that unit of local government cannot also receive funding under the BVP program in the same fiscal year. For additional information on the BVP Program and eligibility restrictions related to receipt of JAG funding, review the BVP FAQs. • Interoperable Communications - Units of local government (and any subrecipients) that use FY 2019 JAG funds to support emergency communications activities (including the purchase of interoperable communications equipment and technologies such as Voice over Internet Protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission [FCC] Waiver Order) should review current SAFECOM guidance at: https://www.dhs.qov/safecom. This guidance is updated annually to provide current information on emergency communications policies, eligible costs, best practices, and technical standards for state, local, tribal, and territorial grantees investing federal funds in emergency communications projects. Additionally, emergency communications projects funded with FY 2019 JAG funds should support the Statewide Communication Interoperability Plan (SCIP) and be coordinated with the full-time statewide interoperability coordinator (SWIC) in the state of the project. As the central coordination point for a state's interoperability effort, the SWIC plays a critical role and can serve as a valuable resource. SWICs are responsible for the implementation of SCIP through coordination and collaboration with the emergency response community. The U.S. Department of Homeland Security Office 8 BJA-2019-15141 of Emergency Communications maintains a list of SWICs for each of the states and territories. Contact OEC(a�hq.dhs.gov for more information. All communications equipment purchased with FY 2019 JAG Program funding should be identified during quarterly performance metrics reporting. Further, information-sharing projects funded with FY 2019 JAG funds must comply with DOJ's Global Justice Information Sharing Initiative guidelines, as applicable, in order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community. Recipients (and subrecipients) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://it.ojp.gov/qsp grantcondition. Recipients (and subrecipients) will be required to document planned approaches to information sharing and describe compliance with GSP and an appropriate privacy policy that protects shared information or provide detailed justification for why an alternative approach is recommended. For JAG applicants considering implementing communications technology projects, it is worthwhile to consider the First Responder Network Authority (FirstNet) Program. The Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. §§ 1401 et seq.) established FirstNet as an independent authority within the National Telecommunications and Information Administration (NTIA). FirstNet's statutory mission is to take all actions necessary to ensure the establishment of a nationwide public safety broadband network (NPSBN). NPSBN will use the 700 MHz D block spectrum to provide Long-Term Evolution (LTE)-based broadband services and applications to public safety entities. The network is based on a single, national network architecture that will evolve with technological advances and initially consist of a core network and radio access network. While mission-critical voice communications will continue to occur on land mobile radio (LMR), in time, FirstNet is expected to provide public safety entities with mission-critical broadband data capabilities and services including, but not limited to: messaging, image sharing, video streaming, group text, voice, data storage, applications, location-based services, and quality of service, priority, and preemption. This reliable, highly secure, interoperable, and innovative public safety communications platform will bring 21st century tools to public safety agencies and first responders, allowing them to get more information quickly and helping them to make faster and better decisions. For more information on FirstNet services, the unique value of the FirstNet network to public safety, and how to subscribe for the FirstNet service, should your state or territory opt in, visit www.FirstNet.gov. To learn about FirstNet's programs and activities, including its consultation and outreach with public safety, the state planning process, FirstNet's history and promise and how it plans to ensure that the FirstNet network meets the needs of public safety, visit www.FirstNet.gov or contact info(c�firstnet.gov. • DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database - If JAG Program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS, the national DNA database operated by the Federal Bureau of Investigation (FBI) by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non- governmental DNA database without prior express written approval from BJA. In addition, funds may not be used for purchase of DNA equipment and supplies when the resulting DNA profiles from such technology are not acceptable for entry into CODIS. 9 BJA-2019-15141 Entry of Records into State Repositories - As appropriate and to the extent consistent with law, a condition will be imposed that would require the following: with respect to any "program or activity" that receives federal financial assistance under this solicitation that is likely to generate or upgrade court dispositions or other records that are relevant to National Instant Background Check System (NICS) determinations (which includes any dispositions or records whatsoever that involve any "alien [who] is illegally or unlawfully in the United States" (18 U.S.C. § 922(g)(5)(A) (generally prohibiting any such alien to possess any firearm or ammunition)), a system must be in place to ensure that all such NICS-relevant dispositions or records that are generated or upgraded are made available in timely fashion to state repositories/databases that are accessed by NICS. Requirements specific to "disparate" jurisdictions According to the JAG program statute, a "disparity" may exist between the funding eligibility of a county and its associated municipalities. See 34 U.S.C. § 10156(d)(4). Three different types of disparities may exist: • The first type is a zero-county disparity. This situation exists when one or more municipalities within a county are eligible for a direct award but the county is not, yet the county is responsible for providing criminal justice services (such as prosecution and incarceration)for the municipality. In this case, the county is entitled to part of the municipality's award because it shares the cost of criminal justice operations, although it may not report crime data to the FBI. This is the most common type of disparity. • A second type of disparity exists when both a county and a municipality within that county qualify for a direct award, but the award amount for the municipality exceeds 150 percent of the county's award amount. • The third type of disparity occurs when a county and multiple municipalities within that county are all eligible for direct awards, but the sum of the awards for the individual municipalities exceeds 400 percent of the county's award amount. Jurisdictions identified by BJA as disparate must identify a fiscal agent that will submit a joint application for the aggregate eligible allocation to all disparate municipalities. The joint application must determine and specify the award distribution to each unit of local government and the purposes for which the funds will be used. A memorandum of understanding (MOU) that identifies which jurisdiction will serve as the applicant or fiscal agent for joint funds must be completed and signed by the authorized representative for each participating jurisdiction. The signed MOU should be attached to the application. For a sample MOU, see: www.bia.gov/Funding/JAGMOU.pdf. Once an award is made, the fiscal agent will be responsible for distributing award funds to the other jurisdictions in the disparate group through subawards that include all appropriate award conditions. Unless specified differently, any reference in this solicitation to "applicant" or"recipient" includes each fiscal agent applying on behalf of a disparate group. Further, "subrecipients" includes those disparate jurisdictions that receive award funding from the fiscal agent, rather than directly from OJP. Required compliance with applicable federal laws By law, the chief executive (e.g., the mayor) of each unit of local government that applies for an FY 2019 JAG award must certify that the unit of local government will "comply with all 10 BJA-2019-15141 provisions of[the JAG Program statute] and all other applicable Federal laws." To satisfy this requirement, each unit of local government applicant must submit a properly executed Certifications and Assurances by the Chief Executive of the Applicant Government using the form shown in Appendix A. All applicants should understand that OJP awards, including certifications provided in connection with such awards, are subject to review by DOJ, including by OJP and by the DOJ Office of the Inspector General. Applicants also should understand that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in a certification submitted to OJP in support of an application may be the subject of criminal prosecution, and also may result in civil penalties and administrative remedies for false claims or otherwise. Administrative remedies that may be available to OJP with respect to an FY 2019 award include suspension or termination of the award, placement on the DOJ high risk grantee list, disallowance of costs, and suspension or debarment of the recipient. National Incident-Based Reporting System (NIBRS) 3 percent set-aside In FY 2016, the Federal Bureau of Investigation (FBI) formally announced its intention to sunset the Uniform Crime Reporting (UCR) Program's traditional Summary Reporting System (SRS) and replace it with the UCR Program's National Incident-Based Reporting System (NIBRS). By January 1, 2021, the FBI intends for NIBRS to be the law enforcement crime data reporting standard for the nation. By statute, JAG Program awards are calculated using summary Part 1 violent crime data from the FBI's UCR Program. See 34 U.S.C. § 10156. Once SRS has been replaced by NIBRS, JAG award amounts will be calculated using NIBRS data. In preparation for the FBI's 2021 NIBRS compliance deadline, beginning in FY 2018, BJA requires, through the application of a special condition, that direct JAG award recipients not certified by their state (or, as applicable, the FBI) as NIBRS compliant to dedicate 3 percent of their JAG award toward achieving full compliance with the FBI's NIBRS data submission requirements under the UCR Program. The 3 percent requirement will assist state and local jurisdictions in working toward compliance to ensure they continue to have critical criminal justice funding available through JAG when SRS is replaced by NIBRS in FY 2021. The requirement for a NIBRS set-aside will be applicable to all jurisdictions in a disparate group, but will not otherwise be applied to subawards. That is, the unit of local government serving as fiscal agent for a disparate group will be required by special condition to require each of the other jurisdictions in the disparate group to set aside 3 percent of FY 2019 JAG funds received by that jurisdiction to be used for NIBRS compliance activities, unless that jurisdiction has had the requirement waived by BJA, as described below. Units of local government must clearly indicate in their application narratives and budgets what projects will be supported with this 3 percent set-aside. The following are examples of costs and projects that relate to NIBRS implementation at the state or local level that could be funded under the JAG Program: software, hardware, and labor that directly support or enhance a state or agency's technical capacity for collecting, processing, and analyzing data reported by local law enforcement (LE) agencies and then submitting NIBRS data to the FBI; training personnel responsible for the state's Incident Based Reporting (IBR) program on receiving, processing, analyzing, and validating incident-based data from local LE agencies in their state; training local agencies in how to collect and submit NIBRS data; and technical assistance for LE agency personnel responsible for (1) managing 11 BJA-2019-15141 the agency's crime incident data, (2) processing and validating the data, and (3) extracting and submitting IBR data to the state UCR Program, according to the states, and/or directly to the FBI, according to the NIBRS standard. BJA will waive the set-aside requirement for units of local government that have been certified as NIBRS compliant by their state, or directly by the FBI, as of the posting date of this solicitation. Units of local government that achieve full compliance with NIBRS after receiving an award should email evidence of NIBRS compliance (certification of NIBRS compliance from their state or the FBI) to their State Policy Advisor listed in OJP's Grants Management System (GMS). Upon review of the documentation submitted, BJA will confirm the NIBRS compliance and then issue a Grant Adjustment Notice (GAN) to clear any withholding special condition associated with the NIBRS set-aside requirement. Units of local government must retain documentation on file that demonstrates the certification of NIBRS compliance. Such documentation must be made available for BJA review, upon request. Please note that in order for a state to certify NIBRS compliance of a unit of local government, that state must first be certified as NIBRS compliant by the FBI. In FY 2019 and forward, this requirement is applicable to all JAG recipients, meaning tribal jurisdictions must set aside the 3 percent for NIBRS compliance. BJA Areas of Emphasis BJA recognizes that many state and local criminal justice systems currently face challenging fiscal environments, and that an important, cost-effective way to relieve those pressures is to share or leverage resources through cooperation between federal, state, and local law enforcement. BJA intends to focus much of its work on the areas of emphasis described below, and encourages each recipient of an FY 2019 JAG award to join federal law enforcement agencies in addressing these challenges. Reducing Violent Crime— Recognizing that crime problems, including felonious possession and use of a firearm and/or gang violence, illegal drug sales and distribution, human trafficking, and other related violent crime, vary from community to community, BJA encourages units of local government to tailor their programs to the local crime issues, and to be data-informed in their work. Units of local government should consider investing JAG funds in programs to combat illegal gun violence, and to improve the process for ensuring that persons prohibited from purchasing guns (see, e.g., 18 U.S.C. § 922(g)) are prevented from doing so, by utilizing technology such as eTrace and NIBIN to analyze evidence as well as by enhancing complete, accurate, and timely reporting to the FBI's NICS. Units of local government are also encouraged to coordinate with United States Attorneys Offices and Project Safe Neighborhood (PSN) grantees in order to leverage funding for violence reduction projects, and to coordinate their law enforcement activities with those of federal law enforcement agencies, such as the FBI, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the United States Marshals Service, and the Department of Homeland Security. Officer Safety and Wellness —The issue of law enforcement safety and wellness is an important priority for BJA and DOJ. According to the 2018 Preliminary End-of-Year Law Enforcement Fatalities Report, released by the National Law Enforcement Officers Memorial Fund (NLEOMF), 2018 saw 144 law enforcement law enforcement line-of-duty deaths nationwide. This is a 12 percent increase over 2017, which had 129 line-of-duty deaths. Firearms-related deaths were the leading cause of law enforcement deaths (52) — a 12 BJA-2019-15141 13 percent increase when compared to 2017. Among those deaths, 14 occurred during an attempt to arrest a suspect, 8 while conducting an investigative activity, 6 while responding to a domestic or public disturbance, and 5 as a result of being ambushed. Additionally, there were 50 traffic-related deaths. Forty-two officers died due to circumstances other than firearms or traffic, the majority being job-related illnesses. Based on the latest report (2017) from the FBI's Law Enforcement Officers Killed and Assaulted (LEOKA) data, there appeared to be a continuing increase in assaults against law enforcement officers between 2016 and 2017. In 2017 there were 60,211 assaults versus 57,180 assaults in 2016. Of those assaulted, 17,476 were injured compared to 16,535 injured in 2016. The 2017 LEOKA data show that 21 officers died as a result of investigative or enforcement duties, 6 during pursuits, and 5 were ambushed. BJA sees a vital need to continue to focus on tactical officer safety concerns as well as on the health and wellness of law enforcement as that may have a direct effect on officer performance and safety. It is important for law enforcement to have the tactical skills necessary, and also to be physically and mentally well, to perform, survive, and be resilient in the face of the demanding duties of the profession. BJA encourages units of local government to use JAG funds to address these needs by providing training, and paying for tuition and travel expenses related to attending trainings such as those available through the BJA VALOR Initiative and soon to be available through the National Officer Safety Initiative program, as well as funding for health and wellness programs for law enforcement officers. Southwest Border Rural Law Enforcement— Securing U.S. borders (and internationally accessible waterways and airports) is critically important to the reduction, intervention, and prevention of transnational drug-trafficking networks, gangs, and combating all forms of human trafficking and related sexual assaults within the United States (including sex and labor trafficking of foreign nationals and U.S. citizens of all sexes and ages). Smuggling and trafficking operations to, from, and within the United States contribute to a significant increase in violent crime and U.S. deaths, to include law enforcement. BJA encourages units of local government using JAG funds to support law enforcement hiring, training, and technology enhancement, as well as information sharing, cooperation, and coordination among federal, state, local, tribal, and territorial law enforcement agencies to help address these problems. Responding to the Opioid Crisis—The opioid crisis is a public health emergency and responding to the crisis is one of DOJ's top priorities. In 2017, more than 72,000 Americans lost their lives to drug overdoses, according to the Centers for Disease Control and Prevention (CDC). In 2016, 63,632 Americans died from fatal drug overdoses and 52,404 died in 2015 (CDC). The majority of these deaths can be attributed to opioids. Law enforcement plays a vital role in efforts to stem overdoses, save lives, and fight illegal opioid distribution and abuse. BJA encourages local governments to use JAG funds to support law enforcement actions to fight the opioid epidemic such as addressing the supply of both diverted prescription drugs and illegal drugs, and supporting first responders when encountering overdoses. JAG funds can also be used for training and safety measures to prepare for potential encounters with synthetic opioids such as fentanyl. This may include covering the cost of providing naloxone to all officers and the cost of fentanyl detection testing. 13 BJA-2019-15141 Objectives In general, the FY 2019 JAG Program is designed to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice. Although the JAG Program provides assistance directly to states, through pass- through (and similar) requirements, the JAG Program also is designed to assist units of local government with respect to criminal justice. As discussed in more detail in the General Information about Post-federal Award Reporting Requirements discussion, a unit of local government that receives an FY 2019 JAG award will be required to produce various types of reports and to submit data related to performance measures and accountability. The objectives are directly related to the JAG Program accountability measures at https://bjapmt.olp.gov/help/jagdocs.html. The Objectives are directly related to the performance measures that demonstrate the results of the work completed, as discussed under What an Application Should Include. Evidence-based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making and program development in criminal justice,juvenile justice, and crime victim services. For additional information and resources on evidence-based programs or practices, see the OJP Grant Application Resource Guide. A useful matrix of evidence-based policing programs and strategies is available through BJA's Matrix Demonstration Project. BJA offers a number of program models designed to effectively implement promising and evidence-based strategies through the BJA "Innovation Suite" of programs including Innovations in Policing, Prosecution, Supervision, Reentry, and others (see https://www.bja.gov/Programs/CRPPE/innovationssuite.html). BJA encourages units of local government to use JAG funds to support these "crime innovation" strategies, including effective partnerships with universities and research partners and with non- traditional criminal justice partners. Information Regarding Potential Evaluation of Programs and Activities Applicants should note OJP may conduct or support an evaluation of the programs and activities funded under this solicitation. For additional information, see the OJP Grant Application Resource Guide section, entitled, "Information Regarding Potential Evaluation of Programs and Activities." BJA Success Stories The BJA-sponsored Success Stories web page features projects that have demonstrated success or shown promise in reducing crime and positively impacting communities. This web page is a valuable resource for states, localities, territories, tribes, and criminal justice professionals who seek to identify and learn about JAG and other successful BJA-funded projects linked to innovation, crime reduction, and evidence-based practices. BJA strongly encourages the recipient to submit success stories annually (or more frequently). If a unit of local government has a success story it would like to submit, it may be submitted through My BJA account, using "Add a Success Story" and the Success Story Submission form. Register for a My BJA account using this registration link. 14 BJA-2019-15141 B. Federal Award Information BJA estimates that it will make up to 1,147 local awards totaling an estimated $84,500,000. Awards of at least$25,000 are 4 years in length, and performance periods will be from October 1, 2018 through September 30, 2022. Extensions beyond this period may be made on a case- by-case basis at the discretion of BJA and must be requested via GMS no fewer than 30 days prior to the grant end date. Awards of less than $25,000 are 2 years in length, and performance periods will be from October 1, 2018 through September 30, 2020. Extensions of up to 2 years can be requested for these awards via GMS no fewer than 30 days prior to the grant end date, and will be automatically granted upon request. All awards are subject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by statute. Type of Award BJA expects that any award under this solicitation will be in the form of a grant. See the "Administrative, National Policy, and Other Legal Requirements" section of the OJP Grant Application Resource Guide for a brief discussion of important statutes, regulations, and award conditions that apply to many (or in some cases, all) OJP grants. JAG awards are based on a statutory formula as described below: Once each fiscal year's overall JAG Program funding level is determined, BJA works with the Bureau of Justice Statistics (BJS) to begin a four-step grant award calculation process, which, in general, consists of: (1) Computing an initial JAG allocation for each state, based on its share of violent crime and population (weighted equally). (2) Reviewing the initial JAG allocation amount to determine if the state allocation is less than the minimum award amount defined in the JAG legislation (0.25 percent of the total). If this is the case, the state is funded at the minimum level, and the funds required for this are deducted from the overall pool of JAG funds. Each of the remaining states receives the minimum award plus an additional amount based on its share of violent crime and population. (3) Dividing each state's final award amount (except for the territories and District of Columbia) between the state and its units of local governments at a rate of 60 and 40 percent, respectively. (4) Determining unit of local government award allocations, which are based on their proportion of the state's 3-year violent crime average. If the "eligible award amount" for a particular unit of local government, as determined on this basis, is $10,000 or more, then the unit of local government is eligible to apply directly to OJP (under the JAG Local solicitation) for a JAG award. If the "eligible award amount" to a 15 B]A-2019-15141 particular unit of local government, as determined on this basis, is less than $10,000, however, the funds are not made available for a direct award to that particular unit of local government, but instead are added to the amount that otherwise would have been awarded to the state. (Additional requirements related to "disparate"jurisdictions are summarized above). Financial Management and System of Internal Controls Award recipients and subrecipients (including recipients or subrecipients that are pass-through entities') must, as described in the Part 200 Uniform Requirements2 as set out at 2 C.F.R. 200.303, comply with standards for financial and program management. See OJP Grant Application Resource Guide for additional information. Budget Information Trust Fund — Units of local government may draw down JAG funds either in advance or on a reimbursement basis. Non-federal entities must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 CFR 200.305(b)(8)). Subrecipients that draw down JAG funds in advance are subject to the same requirement and must first establish an interest-bearing account. Tracking and reporting regarding JAG funds used for administrative costs —As indicated earlier, up to 10 percent of a JAG award, including up to 10 percent of any earned interest, may be used for costs associated with administering the award. Administrative costs (when utilized) must be tracked separately; a recipient must report in separate financial status reports (SF-425) those expenditures that specifically relate to each particular JAG award during any particular reporting period. No commingling — Both the unit of local government recipient and all subrecipients of JAG funds are prohibited from commingling funds on a program-by-program or project-by-project basis. For this purpose, use of the administrative JAG funds to perform work across all active awards in any one year is not considered commingling. Cost Sharing or Match Requirement The JAG Program does not require a match. However, if a successful application proposes a voluntary match amount, and OJP approves the budget, the total match amount incorporated into the approved budget becomes mandatory and subject to audit. For additional cost sharing and match information, see the DOJ Grants Financial Guide at https://oip.gov/financialquide/DOJ/index.htm.. Pre-agreement Costs (also known as Pre-award Costs) Pre-agreement costs are costs incurred by the applicant prior to the start date of the period of performance of the grant award. OJP does not typically approve pre-agreement costs. An applicant must request and obtain the prior written approval of OJP for any such costs. All such costs incurred prior to award and prior to approval of the costs are incurred at the sole risk of the applicant. (Generally, no applicant should incur project costs before submitting an application requesting federal funding for those costs.) Should there be extenuating circumstances that make it appropriate for OJP to consider approving pre-agreement costs, the applicant may contact the point of contact listed on the title page of this solicitation for the requirements concerning written requests for approval. If approved in advance by OJP, award funds may be used for pre-agreement costs, consistent 16 B]A-2019-15141 with the recipient's approved budget and applicable cost principles. See the section on "Costs Requiring Prior Approval" in the DOJ Grants Financial Guide at https://ojp.gov/financialquide/DOJ/index.htm for more information. Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs OJP strongly encourages every applicant that proposes to use award funds for any conference-, meeting-, or training-related activity (or similar event) to review carefully—before submitting an application—the OJP and DOJ policy and guidance on approval, planning, and reporting of such events. See the OJP Grant Application Resource Guide for information. Costs Associated with Language Assistance (if applicable) See the OJP Grant Application Resource Guide for information on costs associated with language assistance that may be allowable. C. Eligibility Information For information on eligibility, see the title page. For information on cost sharing or match requirements, see Section B. Federal Award Information. D. Application and Submission Information What an Application Should Include See the "Application Elements and Formatting Instructions" section of the OJP Grant Application Resource Guide for information on, among other things, what happens to an application that does not contain all the specified elements. (This solicitation expressly modifies the "Application Elements and Formatting Instructions" section of the OJP Grant Application Resource Guide by not incorporating paragraph two of that section (referring to nonresponsive applications or applications missing critical elements not "[proceeding] to peer review").) 1. Application for Federal Assistance (Standard Form (SF)-424) The SF-424 is a required standard form used as a cover sheet for submission of pre- applications, applications, and related information. See the OJP Grant Application Resource Guide for additional information on completing the SF-424. Intergovernmental Review: This solicitation ("funding opportunity") is subject to Executive Order 12372. An applicant may find the names and addresses of State Single Points of Contact (SPOCs) at the following website: https://www.whitehouse.gov/wp- content/uploads/2017/11/Intergovernmental -Review- SPOC 01 2018 OFFM.pdf. If the applicant's State appears on the SPOC list, the applicant must contact the State SPOC to find out about, and comply with, the State's process under E.O. 12372. In completing the SF-424, an applicant whose State appears on the SPOC list is to make the appropriate selection in response to question 19, once the applicant has complied with its State E.O. 12372 process. (An applicant whose State does not appear on the SPOC list should answer question 19 by selecting the response that the: "Program is subject to E.O. 12372, but has not been selected by the State for review."). 17 BJA-2019-15141 2. Project Identifiers Applications should identify at least three and no more than ten project identifiers that would be associated with proposed project activities. The list of identifiers can be found at www.bja.qov/fundinq/JAGIdentifiers.pdf. 3. Program Narrative The following sections should be included as part of the program narrative': (a) Description of the Issues — Identify the unit of local government's strategy/funding priorities for the FY 2019 JAG funds, the subgrant award process and timeline, and a description of the programs to be funded over the grant period. Units of local government are strongly encouraged to prioritize the funding on evidence-based projects. (b) Project Design and Implementation — Describe the unit of local government's strategic planning process, if any, that guides its priorities and funding strategy. This should include a description of how the local community is engaged in the planning process and the data and analysis utilized to support the plan; it should identify the stakeholders currently participating in the strategic planning process, the gaps in the needed resources for criminal justice purposes, and how JAG funds will be coordinated with state and related justice funds. (c) Capabilities and Competencies — Describe any additional strategic planning/coordination efforts in which the units of local government participates with other criminal justice juvenile justice agencies in the state. (d) Plan for Collecting the Data Required for this Solicitation's Performance Measures — OJP will require each successful applicant to submit specific performance data that demonstrate the results of the work carried out under the award. The performance data directly relate to the objectives identified under "Objectives" in Section A. Program Description. Post award, recipients will be required to submit quarterly performance metrics through BJA's Performance Measurement Tool (PMT), located at: https://bjapmt.oip.gov. The application should describe the applicant's plan for collection of all of the performance measures data listed in the JAG Program accountability measures at: https://biapmt.oip.gov/help/iagdocs.html. Applicants should visit OJP's performance measurement page at www.ojp.gov/performance for an overview of performance measurement activities at OJP. The application should demonstrate the applicant's understanding of the performance data reporting requirements for this grant program and detail how the applicant will gather the 1 For information on subawards(including the details on proposed subawards that should be included in the application), see"Budget and Associated Documentation"under Section D. Application and Submission Information. 18 BJA-2019-15141 required data should it receive funding. Please note that applicants are not required to submit performance data with the application. Performance measures information is included as an alert that successful applicants will be required to submit performance data as part of the reporting requirements under an award. Note on Project Evaluations An applicant that proposes to use award funds through this solicitation to conduct project evaluations should follow the guidance under Note on Project Evaluations in the OJP Grant Application Resource Guide. 4. Budget and Associated Documentation See the Budget Preparation and Submission Information section of the OJP Grant Application Resource Guide for details on the Budget Detail Worksheet, and on budget information and associated documentation, such as information on proposed subawards, proposed procurement contracts under awards, and pre-agreement costs. Please note that the budget narrative should include a full description of all costs, including funds set aside for NIBRS project(s) and administrative costs (if applicable). General requirement for federal authorization of any subaward; statutory authorizations of subawards under the JAG Program statute. Generally, a recipient of an OJP award may not make subawards ("subgrants") unless the recipient has specific federal authorization to do so. Unless an applicable statute or DOJ regulation specifically authorizes (or requires) particular subawards, a recipient must have authorization from OJP before it may make a subaward. JAG subawards that are required or specifically authorized by statute (see 34 U.S.C. § 10152(a) and 34 U.S.C. § 10156) do not require prior approval to authorize subawards. This includes subawards made by states under the JAG Program. A particular subaward may be authorized by OJP because the recipient included a sufficiently detailed description and justification of the proposed subaward in the application as approved by OJP. If, however, a particular subaward is not authorized by federal statute or regulation, and is not sufficiently described and justified in the application as approved by OJP, the recipient will be required, post-award, to request and obtain written authorization from OJP before it may make the subaward. If an applicant proposes to make one or more subawards to carry out the federal award and program, and those subawards are not specifically authorized (or required) by statute or regulation, the applicant should: (1) identify (if known) the proposed subrecipient(s), (2) describe in detail what each subrecipient will do to carry out the federal award and federal program, and (3) provide a justification for the subaward(s), with details on pertinent matters such as special qualifications and areas of expertise. Pertinent information on subawards should appear not only in the Program Narrative but also in the Budget Detail Worksheet and budget narrative. 5. Indirect Cost Rate Agreement(if applicable) See the Budget Preparation and Submission Information section of the OJP Grant Application Resource Guide for information. 19 BJA-2019-15141 6. Tribal Authorizing Resolution (if applicable) The following two paragraphs in this solicitation expressly modify the "Tribal Authorizing Resolution" provisions in the OJP Grant Application Resource Guide. An applicant is to follow the guidance in these two paragraphs instead of the guidance stated under the "Tribal Authorizing Resolution" heading in the Guide. An application in response to the solicitation may require inclusion of information related to a tribal authorizing resolution. A tribe, tribal organization, or third party that proposes to provide direct services or assistance to residents on tribal lands should include in its application a resolution, letter, affidavit, or other documentation, as appropriate, that demonstrates (as a legal matter) that the applicant has the requisite authorization from the tribe(s) to implement the proposed project on tribal lands. In those instances when an organization or consortium of tribes applies for an award on behalf of a tribe or multiple specific tribes, the application should include appropriate legal documentation, as described above, from all tribes that would receive services or assistance under the award. A consortium of tribes for which existing consortium bylaws allow action without support from all tribes in the consortium (i.e., without an authorizing resolution or comparable legal documentation from each tribal governing body) may submit, instead, a copy of its consortium bylaws with the application. An applicant unable to submit an application that includes a fully executed (i.e., signed) copy of legal appropriate documentation, as described above, consistent with the applicable tribe's governance structure, should submit an unsigned, draft version of such legal documentation as part of its application (except for cases in which, with respect to a tribal consortium applicant, consortium bylaws allow action without the support of all consortium member tribes). If selected for funding, OJP will make use of and access to award funds contingent on receipt of the fully executed legal documentation. 7. Financial Management and System of Internal Controls Questionnaire(including applicant disclosure of high-risk status) Every OJP applicant (other than an individual applying in his or her personal capacity) is required to download, complete, and submit the OJP Financial Management and System of Internal Controls Questionnaire (Questionnaire) at https://ojp.gov/funding/Apply/Resources/FinancialCapability.pdf as part of its application. See the OJP Grant Application Resource Guide for additional information and submission instructions for this Questionnaire. 8. Disclosure of Lobbying Activities Each applicant must complete and submit this information. See the OJP Grant Application Resource Guide for additional information and submission instructions for this disclosure. 9. Certifications and Assurances by the Chief Executive of the Applicant Government A JAG application is not complete, and a unit of local government may not access award funds, unless the chief executive of the applicant unit of local government (e.g., the mayor) properly executes, and the unit of local government submits, the "Certifications and Assurances by the Chief Executive of the Applicant Government" attached to this solicitation as Appendix A. 20 BJA-2019-15141 Please note that this certification takes the place of the review narrative attachment and contains assurances that the governing body notification and public comment requirements, which are required under the JAG statute (at 34 U.S.C. § 10153(a)(2)), have been satisfied. More specifically, this certification documents that the JAG application was made available for review by the governing body of the unit of local government, or by an organization designated by that governing body, for a period that was not fewer than 30 days before the application was submitted to BJA and that that an opportunity to comment on this application was provided to citizens prior to the application submission to the extent applicable law or established procedures make such opportunity available. OJP will not deny an application for an FY 2019 award for failure to submit these "Certifications and Assurances by the Chief Executive of the Applicant Government" by the application deadline, but a unit of local government will not be able to access award funds (its award will include a condition that withholds funds) until it submits these certifications and assurances, properly-executed by the chief executive of the unit of local government (e.g., the mayor). 10. Applicant Disclosure of Pending Applications Each applicant is to disclose whether it has (or is proposed as a subrecipient under) any pending applications for federally funded grants or cooperative agreements that (1) include requests for funding to support the same project being proposed in the application under this solicitation, and (2) would cover any identical cost items outlined in the budget submitted to OJP as part of the application under this solicitation. For additional information on the submission requirements for this disclosure, see the OJP Grant Application Resource Guide. 11. Applicant Disclosure and Justification — DOJ High Risk Grantees2(if applicable) An applicant that is designated as a DOJ High Risk Grantee is to submit in GMS, as a separate attachment to its application, information that OJP will use, among other pertinent information, to determine whether it will consider or select the application for an award under this solicitation. The file should be named "DOJ High Risk Grantee Applicant Disclosure and Justification." (See, also, "Review Process," below, under Section E. Application Review Information, for a brief discussion of how such information may considered in the application review process.) See the OJP Grant Application Resource Guide for additional information and submission instructions for this disclosure. 12. Research and Evaluation Independence and Integrity If an application proposes research (including research and development) and/or evaluation, the applicant must demonstrate research/evaluation independence and integrity, including appropriate safeguards, before it may receive award funds. For additional information regarding demonstrating research/evaluation independence and integrity, including appropriate safeguards, see the OJP Grant Application Resource Guide. 13. Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE) Each applicant must provide responses to the following questions as an attachment to the application: 2 A"DOJ High Risk Grantee"is a recipient that has received a DOJ High-Risk designation based on a documented history of unsatisfactory performance,financial instability, management system or other internal control deficiencies, or noncompliance with award terms and conditions on prior awards, or that is otherwise not responsible. 21 BJA-2019-15141 (1) Does your jurisdiction have any laws, policies, or practices related to whether, when, or how employees may communicate with DHS or ICE? (2) Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law that binds a city) that meet the description in question 1? (3) If yes to either: • Please provide a copy of each law or policy. • Please describe each practice. • Please explain how the law, policy, or practice complies with 8 U.S.C. § 1373. See Appendix C for a template that applicants may use to prepare this attachment. How to Apply An applicant must submit its application through the Grants Management System (GMS), which provides support for the application, award, and management of awards at OJP. Find information, registration and submission steps on how to apply in GMS in response to this solicitation under How to Apply (GMS) in the OJP Grant Application Resource Guide. E. Application Review Information Review Process OJP is committed to ensuring a fair and open process for making awards. BJA reviews the application to make sure that the information presented is reasonable, understandable, measurable, and achievable, as well as consistent with the solicitation. See the OJP Grant Application Resource Guide for information on the application review process for this solicitation. In addition, if OJP anticipates that an award will exceed $250,000 in federal funds, OJP also must review and consider any information about the applicant that appears in the non-public segment of the integrity and performance system accessible through SAM (currently, the Federal Awardee Performance and Integrity Information System, FAPIIS). Important note on FAPIIS: An applicant, at its option, may review and comment on any information about itself that currently appears in FAPIIS and was entered by a federal awarding agency. OJP will consider any such comments by the applicant, in addition to the other information in FAPIIS, in its assessment of the risk posed by the applicant. Absent explicit statutory authorization or written delegation of authority to the contrary, the Assistant Attorney General will make all final award decisions. F. Federal Award Administration Information Federal Award Notices See the OJP Grant Application Resource Guide for information on award notifications and instructions. Administrative, National Policy, and Other Legal Requirements OJP strongly encourages prospective applicants to review information on post-award legal requirements and common OJP award conditions prior to submitting an application. See the OJP Grant Application Resource Guide for additional information on administrative, national policy, and other legal requirements. 22 BJA-2019-15141 Information Technology (IT) Security Clauses An application in response to this solicitation may require inclusion of information related to information technology security. See the OJP Grant Application Resource Guide for information on information technology security. Statutory and Regulatory Requirements; Award Conditions If selected for funding, in addition to implementing the funded project consistent with the OJP- approved application, the recipient must comply with award conditions, as well as all applicable requirements of federal statutes and regulations (including applicable requirements referred to in the assurances and certifications executed at the time of award acceptance). OJP strongly encourages prospective applicants to review information on post-award legal requirements generally applicable to FY 2019 OJP awards and common OJP award conditions prior to submitting an application. Individual FY 2019 awards made pursuant to this solicitation will, as appropriate and to the extent consistent with law, include conditions that will require the recipient (and any subrecipient) that accepts the award to do various things, with respect to the "program or activity" that would receive federal financial assistance thereunder. Although the specific terms of each of those conditions are what will govern the awards, included among such conditions will be some that, generally speaking, will require the recipient (and any subrecipient) that accepts the award to do some or all of the following: • Not to violate 8 U.S.C. § 1373 (prohibiting restrictions on— (1) communication to/from the Department of Homeland Security (DHS) of information regarding the citizenship or immigration status of any individual; and (2) maintaining, or exchanging with any government entity, information regarding the immigration status of any individual). • Not to violate 8 U.S.C. § 1644 (prohibiting restrictions on communication to/from DHS of information regarding the immigration status of an alien). • Not to publicly disclose federal law enforcement information in an attempt to conceal, harbor, or shield certain individuals from detection, including in violation of 18 U.S.C. §§ 1071 or 1072, or 8 U.S.C. § 1324(a). • Not to impede the exercise of the authority of the federal government under 8 U.S.C. § 1266(a) & (c) (authorizing arrest and detention of certain aliens and providing that the federal government"shall take into custody" certain criminal aliens "when the alien is released") and 8 U.S.C. § 1231(a)(4) (relating to removal from the United States of aliens after detention/confinement at the federal, state, and local level), specifically by requiring such recipients to provide (where feasible) at least 48 hours' advance notice to DHS regarding the scheduled release date and time of an alien in the recipient's custody when DHS requests such notice in order to take custody of the alien pursuant to the Immigration and Nationality Act. • Not to impede the exercise by DHS agents, "anywhere in or outside the United States" (8 C.F.R. § 287.5(a)(1)), of their authority under 8 U.S.C. § 1357(a)(1) to "interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," specifically by requiring such recipients to permit DHS agents to have access to any 23 BJA-2019-15141 correctional facility in order to meet with an alien (or an individual believed to be an alien) and inquire as to his right to be or remain in the United States. The reasonable costs (to the extent not reimbursed under any other federal program) of complying with these conditions, including honoring any duly authorized request from DHS that is encompassed by these conditions, will be allowable costs under the award. General Information about Post-federal Award Reporting Requirements In addition to the deliverables described in Section A. Program Description, any recipient of an award under this solicitation will be required to submit the following reports and data. Required reports. Recipients typically must submit quarterly financial status reports, semi- annual progress reports, final financial and progress reports, and, if applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific award conditions. Future awards and fund drawdowns may be withheld if reports are delinquent. (In appropriate cases, OJP may require additional reports.) See the OJP Grant Application Resource Guide for additional information on specific post-award reporting requirements, including performance measures data. Accountability metrics data must be submitted through BJA's Performance Measurement Tool (PMT), available at https://bjapmt.oip.gov. The accountability measures are available at: https://biapmt.oip.gov/help/iagdocs.html. (Note that if a law enforcement agency receives JAG funds from a state, the state must submit quarterly accountability metrics data related to training that officers have received on use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public.) OJP may restrict access to award funds if a recipient of an OJP award fails to report required performance measure data in a timely manner. G. Federal Awarding Agency Contact(s) For OJP contact(s), see the title page of this solicitation. For contact information for GMS, see the title page. H. Other Information Freedom of Information and Privacy Act (5 U.S.C. § 552 and 5 U.S.C. § 552a) All applications submitted to OJP (including all attachments to applications) are subject to the federal Freedom of Information Act (FOIA) and to the Privacy Act. See the OJP Grant Application Resource Guide for information on DOJ and OJP processes with regard to application information requested pursuant to FOIA. Provide Feedback to OJP To assist OJP in improving its application and award processes, OJP encourages applicants to provide feedback on this solicitation, the application submission process, and/or the application review process. See the OJP Grant Application Resource Guide for information on providing solicitation feedback to OJP. 24 B3A-2019-15141 Appendix A Certifications and Assurances by the Chief Executive of the Applicant Government Template for use by the chief executive of the applicant unit of local government. Visit https://www.bia.gov/Funding/FY2019LocalJAGCEOCertification.pdf to download the most up-to-date version. Note: By law, for purposes of the JAG Program, the term "states" includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the U.S. Virgin Islands, Guam, and American Samoa. 25 B]A-2019-15141 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2019 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality's application for an award under the FY 2019 Edward Byrne Justice Assistance Grant("JAG")Program,and further to 34 U.S.C. §10153(a), I certify to the Office of Justice Programs("OJP"),U.S. Department of Justice("USDOJ"),that all of the following are true and correct: 1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf as chief executive and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above,to the applicant unit of local government. 2. I certify that no federal funds made available by the award(if any)that OJP makes based on the application described above will be used to supplant 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. 3. I assure that the application described above(and any amendment to that application)was submitted for review to the governing body of the unit of local government(e.g.,city council or county commission),or to an organization designated by that governing body, not less than 30 days before the date of thiscertification. 4. I assure that,before the date of this certification—(a)the application described above(and any amendment to that application)was made public;and(b)an opportunity to comment on that application(or amendment)was provided to citizens and to neighborhood or community-based organizations,to the extent applicable law or established procedure made such an opportunity available. 5. I assure that,for each fiscal year of the award(if any)that OJP makes based on the application described above,the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial),as OJP may reasonably require. 6. I have carefully reviewed 34 U.S.C.§10153(a)(5), and,with respect to the programs to be funded by the award(if any), I hereby make the certification required by section 10153(a)(5),as to each of the items specified therein. Signature of Chief Executive of the Applicant Unit of Date of Certification Local Government Printed Name of Chief Executive Title of Chief Executive Name of Applicant Unit of Local Government Rev.March 6,2019 26 BJA-2019-15141 Appendix B Certain relevant federal laws, as in effect on April 8, 2019 8 U.S.C. § 1373 Communication between government agencies and the Immigration and Naturalization Service (a) In general Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual. (b) Additional authority of government entities Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual: (1) Sending such information to, or requesting or receiving such information from,the Immigration and Naturalization Service. (2) Maintaining such information. (3) Exchanging such information with any other Federal, State, or local government entity. (c) Obligation to respond to inquiries The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information. 8 U.S.C. § 1644 Communication between State and local government agencies and Immigration and Naturalization Service Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service information regarding the immigration status, lawful or unlawful, of an alien in the United States. 8 U.S.C. § 1226(a) &(c) Apprehension and detention of aliens (a) Arrest, detention, and release On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. Except as provided in subsection (c) and pending such decision, the Attorney General-- 27 BJA-2019-15141 (1) may continue to detain the arrested alien; and (2) may release the alien on-- (A) bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General; or (B) conditional parole; but (3) may not provide the alien with work authorization (including an "employment authorized" endorsement or other appropriate work permit), unless the alien is lawfully admitted for permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization. (c) Detention of criminal aliens (1) Custody The Attorney General shall take into custody any alien who-- (A)is inadmissible by reason of having committed any offense covered in section 1182(a)(2) of this title, (B)is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or(D) of this title, (C)is deportable under section 1227(a)(2)(A)(i) of this title on the basis of an offense for which the alien has been sentencel to a term of imprisonment of at least 1 year, or (D)is inadmissible under section 1182(a)(3)(B) of this title or deportable under section 1227(a)(4)(B) of this title, when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense. (2) Release The Attorney General may release an alien described in paragraph (1) only if the Attorney General decides pursuant to section 3521 of Title 18 that release of the alien from custody is necessary to provide protection to a witness, a potential witness, a person cooperating with an investigation into major criminal activity, or an immediate family member or close associate of a witness, potential witness, or person cooperating with such an investigation, and the alien satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding. A decision relating to such release shall take place in accordance with a procedure that considers the severity of the offense committed by the alien. 8 U.S.C. § 1231(a)(4) (a) Detention, release, and removal of aliens ordered removed 4) Aliens imprisoned, arrested, or on parole, supervised release, or probation (A) In general Except as provided in section 259(a) of title 42 and paragraph (2), the Attorney General may not remove an alien who is sentenced to imprisonment until the alien is released from imprisonment. Parole, supervised release, probation, or possibility of arrest or further imprisonment is not a reason to defer removal. 28 BJA-2019-15141 (B) Exception for removal of nonviolent offenders prior to completion of sentence of imprisonment The Attorney General is authorized to remove an alien in accordance with applicable procedures under this chapter before the alien has completed a sentence of imprisonment- i. in the case of an alien in the custody of the Attorney General, if the Attorney General determines that (I) the alien.is confined pursuant to a final conviction for a nonviolent offense (other than an offense related to smuggling or harboring of aliens or an offense described in section 1101(a)(43)(B), (C), (E), (I), or (L) of this title and (II) the removal of the alien is appropriate and in the best interest of the United States; or ii. in the case of an alien in the custody of a State (or a political subdivision of a State), if the chief State official exercising authority with respect to the incarceration of the alien determines that (I) the alien is confined pursuant to a final conviction for a nonviolent offense (other than an offense described in section 1101(a)(43)(C) or (E) of this title), (II) the removal is appropriate and in the best interest of the State, and (III) submits a written request to the Attorney General that such alien be so removed. (C) Notice Any alien removed pursuant to this paragraph shall be notified of the penalties under the laws of the United States relating to the reentry of deported aliens, particularly the expanded penalties for aliens removed under subparagraph (B). (D) No private right No cause or claim may be asserted under this paragraph against any official of the United States or of any State to compel the release, removal, or consideration for release or removal of any alien. 8 U.S.C. § 1324(a) Bringing in and harboring certain aliens (a) Criminal penalties (1)(A) Any person who— i. knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien; ii. knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law; iii. knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation; 29 BJA-2019-15141 iv. encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or v. (v)(I) engages in any conspiracy to commit any of the preceding acts, or vi. (II) aids or abets the commission of any of the preceding acts, shall be punished as provided in subparagraph (B). (B)A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs— I. in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both; II. in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both; III. in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or(v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and IV. in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both. (C) It is not a violation of clauses (ii) or (iii) of subparagraph (A), or of clause (iv) of subparagraph (A) except where a person encourages or induces an alien to come to or enter the United States, for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year. (2) Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each alien in respect to whom a violation of this paragraph occurs- (A) be fined in accordance with title 18 or imprisoned not more than one year, or both; or (B) in the case of- (i) an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year, (ii) an offense done for the purpose of commercial advantage or private financial gain, or (iii) an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry, be fined under title 18 and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of 30 BJA-2019-15141 subparagraph (B)(i) or(B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years. (3)(A) Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18 or imprisoned for not more than 5 years, or both. (B) An alien described in this subparagraph is an alien who- (i) is an unauthorized alien (as defined in section 1324a(h)(3) of this title), and (ii) has been brought into the United States in violation of this subsection. (4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if- (A) the offense was part of an ongoing commercial organization or enterprise; (B) aliens were transported in groups of 10 or more; and (C)(i) aliens were transported in a manner that endangered their lives; or (ii) the aliens presented a life-threatening health risk to people in the United States. 8 U.S.C. § 1357(a) Powers of immigration officers and employees (a) Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant— (1) to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States; (2) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States; (3) within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States; (4) to make arrests for felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, expulsion, or removal of aliens, if he has reason to believe that the person so arrested is guilty of such felony and if there is likelihood of the person escaping before a warrant can be obtained for his arrest, but the person arrested shall be taken without unnecessary delay before the nearest available officer empowered to commit persons charged with offenses against the laws of the United States; and (5) to make arrests- (6) for any offense against the United States, if the offense is committed in the officer's or employee's presence, or 31 BJA-2019-15141 (7) for any felony cognizable under the laws of the United States, if the officer or employee has reasonable grounds to believe that the person to be arrested has committed or is committing such a felony, (8) if the officer or employee is performing duties relating to the enforcement of the immigration laws at the time of the arrest and if there is a likelihood of the person escaping before a warrant can be obtained for his arrest. Under regulations prescribed by the Attorney General, an officer or employee of the Service may carry a firearm and may execute and serve any order, warrant, subpoena, summons, or other process issued under the authority of the United States. The authority to make arrests under paragraph (5)(B) shall only be effective on and after the date on which the Attorney General publishes final regulations which (i) prescribe the categories of officers and employees of the Service who may use force (including deadly force) and the circumstances under which such force may be used, (ii) establish standards with respect to enforcement activities of the Service, (iii) require that any officer or employee of the Service is not authorized to make arrests under paragraph (5)(B) unless the officer or employee has received certification as having completed a training program which covers such arrests and standards described in clause (ii), and (iv) establish an expedited, internal review process for violations of such standards, which process is consistent with standard agency procedure regarding confidentiality of matters related to internal investigations. 8 U.S.C. § 1366(1) &(3) Annual report on criminal aliens Not later than 12 months after September 30, 1996, and annually thereafter, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report detailing— (1) the number of illegal aliens incarcerated in Federal and State prisons for having committed felonies, stating the number incarcerated for each type of offense; (3) programs and plans underway in the Department of Justice to ensure the prompt removal from the United States of criminal aliens subject to removal; *** 32 BJA-2019-15141 Appendix C Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE) Each applicant must provide responses to the following questions as an attachment to the application: (1) Does your jurisdiction have any laws, policies, or practices related to whether,when, or how employees may communicate with DHS or ICE? (2) Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law that binds a city) that meet the description in question 1? (3) If yes to either: • Please provide a copy of each law or policy; • Please describe each practice; and • Please explain how the law, policy, or practice complies with section 1373. Note: Responses to these questions must be provided by the applicant to BJA as part of the JAG application. Further, the requirement to provide this information applies to all tiers of JAG funding, for all subawards made to state or local government entities, including public institutions of higher education. All subrecipient responses must be collected and maintained by the direct recipient of JAG funding and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. 33 BJA-2019-15141 Appendix D Additional purposes for which JAG funds awarded to a unit of local government under this FY 2019 solicitation may be used: (a) To enforce state and local laws that establish offenses similar to offenses established in 21 U.S.C. § 801 et seq., to improve the functioning of the criminal justice system, with emphasis on violent crime and serious offenders, by means including providing additional personnel, equipment, training, technical assistance, and information systems for the more widespread apprehension, prosecution, adjudication, detention, and rehabilitation of persons who violate these laws, and to assist the victims of such crimes (other than compensation), including— (1) demand-reduction education programs in which law enforcement officers participate; (2) multi-jurisdictional task-force programs that integrate federal, state, and local drug-law-enforcement agencies and prosecutors for the purpose of enhancing inter-agency co-ordination and intelligence, and facilitating multi- jurisdictional investigations; (3) programs designed to target the domestic sources of controlled and illegal substances, such as precursor chemicals, diverted pharmaceuticals, clandestine laboratories, and cannabis cultivations; (4) providing community and neighborhood programs that assist citizens in preventing and controlling crime, including special programs that address the problems of crimes committed against the elderly and special programs for rural jurisdictions; (5) disrupting illicit commerce in stolen goods and property; (6) improving the investigation and prosecution of white-collar crime, organized crime, public-corruption crimes, and fraud against the government, with priority attention to cases involving drug-related official corruption; (7)(A) improving the operational effectiveness of law enforcement through the use of crime-analysis techniques, street-sales enforcement, schoolyard-violator programs, and gang-related and low-income-housing drug- control programs; and (B) developing and implementing anti-terrorism plans for deep- draft ports, international airports, and other important facilities; (8) career-criminal prosecution programs, including the development of proposed model drug-control legislation; (9) financial investigative programs that target the identification of money-laundering operations and assets obtained through illegal drug trafficking, including the development of proposed model legislation, financial investigative training, and financial information-sharing systems; (10) improving the operational effectiveness of the court process, by expanding prosecutorial, defender, and judicial resources, and implementing court-delay-reduction programs;' (11) programs designed to provide additional public correctional resources and improve the corrections system, including treatment in prisons and jails, intensive-supervision programs, and long-range corrections and sentencing strategies; (12) providing prison-industry projects designed to place inmates in a realistic working and training environment that will enable them to acquire 34 BJA-2019-15141 marketable skills and to make financial payments for restitution to their victims, for support of their own families, and for support of themselves in the institution; (13) providing programs that identify and meet the treatment needs of adult and juvenile drug-dependent and alcohol-dependent offenders; (14) developing and implementing programs that provide assistance to jurors and witnesses, and assistance (other than compensation) to victims of crimes; (15)(A) developing programs to improve drug-control technology, such as pretrial drug-testing programs, programs that provide for the identification, assessment, referral to treatment, case-management and monitoring of drug- dependent offenders, and enhancement of state and local forensic laboratories; and (B) developing programs to improve criminal justice information systems (including automated fingerprint identification systems)to assist law enforcement, prosecution, courts, and corrections organizations; (16) innovative programs that demonstrate new and different approaches to enforcement, prosecution, and adjudication of drug offenses and other serious crimes; (17) addressing the problems of drug trafficking and the illegal manufacture of controlled substances in public housing; (18) improving the criminal and juvenile justice system's response to domestic and family violence, including spouse abuse, child abuse, and abuse of the elderly; (19) drug-control evaluation programs that the state and units of local government may utilize to evaluate programs and projects directed at state drug- control activities; (20) providing alternatives to prevent detention,jail, and prison for persons who pose no danger to the community; (21) programs of which the primary goal is to strengthen urban enforcement and prosecution efforts targeted at street drug sales; (22) programs for the prosecution of driving while intoxicated charges and the enforcement of other laws relating to alcohol use and the operation of motor vehicles; (23) programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year-old juveniles, in courts with jurisdiction over adults, for the crimes of— (A) murder in the first degree; (B) murder in the second degree; (C) attempted murder; (D) armed robbery when armed with a firearm; (E) aggravated battery or assault when armed with a firearm; (F) criminal sexual penetration when armed with a firearm; and (G) drive-by shootings as described 18 U.S.C. § 36; (24) law-enforcement and prevention programs relating to gangs or to youth who are involved or at risk of involvement in gangs; (25) developing or improving, in a forensic laboratory, a capability to analyze DNA for identification purposes; and (26) developing and implementing anti-terrorism training programs and procuring equipment for use by local law-enforcement authorities; and 35 BJA-2019-15141 (b) To reduce crime and improve public safety, including but not limited to, the following: (1)(A) hiring, training, and employing on a continuing basis new, additional law enforcement officers and necessary support personnel; (B) paying overtime to presently-employed law enforcement officers and necessary support personnel for the purpose of increasing the number of hours worked by such personnel; and (C) procuring equipment, technology, and other material directly related to basic law-enforcement functions; (2) enhancing security measures— (A) in and around schools; and (B) in and around any other facility or location that is considered by the unit of local government to have a special risk for incidents of crime; (3) establishing crime-prevention programs that may, though not exclusively, involve law-enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity, including neighborhood-watch and citizen-patrol programs, sexual-assault and domestic- violence programs, and programs intended to prevent juvenile crime; (4) establishing or supporting drug courts; (5) establishing early-intervention and -prevention programs for juveniles, in order to reduce or eliminate crime; (6) enhancing the adjudication process of cases involving violent offenders, including violent juvenile offenders; (7) enhancing programs under (a), above; (8) establishing co-operative task forces between adjoining units of local government to work co-operatively to prevent and combat criminal activity, particularly criminal activity that is exacerbated by drug- or gang-related involvement; and (9) establishing a multi-jurisdictional task force, particularly in rural areas, composed of law-enforcement officials representing units of local government, that works with Federal law-enforcement officials to prevent and control crime. 36 BJA-2019-15141 Appendix E Application Checklist Edward Byrne Memorial Justice Assistance Grant(JAG) Program: FY 2019 Local Solicitation This application checklist has been created as an aid in developing an application. What an Applicant Should Do: Prior to Registering in GMS: Acquire a DUNS Number (see the OJP Grant Application Resource Guide) Acquire or renew registration with SAM (see the OJP Grant Application Resource Guide) To Register with GMS: For new users, acquire a GMS username and password* (see the OJP Grant Application Resource Guide) For existing users, check GMS username and password*to ensure account access (see the OJP Grant Application Resource Guide) Verify SAM registration in GMS (see the OJP Grant Application Resource Guide) Search for correct funding opportunity in GMS (see the OJP Grant Application Resource Guide) Select correct funding opportunity in GMS (see the OJP Grant Application Resource Guide) Register by selecting the "Apply Online" button associated with the funding opportunity title (see the OJP Grant Application Resource Guide) Read OJP policy and guidance on conference approval, planning, and reporting available at ojp.qov/financialquide/DOJ/PostawardRequirements/chapter3.10a.htm (see the OJP Grant Application Resource Guide) If experiencing technical difficulties in GMS, contact the NCJRS Response Center (see page 2) *Password Reset Notice—GMS users are reminded that while password reset capabilities exist, this function is only associated with points of contact designated within GMS at the time the account was established. Neither OJP nor the GMS Help Desk will initiate a password reset unless requested by the authorized official or a designated point of contact associated with an award or application. Overview of Post-Award Legal Requirements: Review the "Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2019 Awards" in the OJP Funding Resource Center at https://ojp.qov/fundinqiindex.htm. Scope Requirement: The federal amount requested is within the allowable limit(s) of the FY 2019 JAG Allocations List as listed on BJA's JAG web page. 37 BJA-2019-15141 Eligibility Requirement: Only units of local government may apply under this solicitation. By law, for purposes of the JAG Program, the term "units of local government" includes a town, township, village, parish, city, county, borough, or other general purpose political subdivision ofa state; or, it may be a federally recognized Indian tribal government that performs law enforcement functions (as determined by the Secretary of the Interior). A unit of local government also may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes. What an Application Should Include: Application for Federal Assistance (SF-424) (see page 17) Intergovernmental Review (see page 17) Project Identifiers (see page 18) Program Narrative (see page 18) Budget and Associated Documentation (see page 19) Indirect Cost Rate Agreement(if applicable) (see page 19) Tribal Authorizing Resolution (if applicable) (see page 20) Financial Management and System of Internal Controls Questionnaire (see page 20) Disclosure of Lobbying Activities (SF-LLL)(if applicable) (see page 20) Certifications and Assurances by Chief Executive (see Appendix A) Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE) (see Appendix C) OJP Certified Standard Assurances (see page 20) Applicant Disclosure of Pending Applications (see page 21) Applicant Disclosure and Justification — DOJ High Risk Grantees (if applicable) (see page 21) Research and Evaluation Independence and Integrity(if applicable) (see page 21) 38 BJA-2019-15141 FIX U.S.Department of Justice Office of Justice Programs PAGE 1 OF 30 Bureau of Justice Assistance Grant 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2019-DJ-BX-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 $5(11,886 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 under FY19(BJA-JAG State and JAG Local)Title I of Pub.L.No.90-351(generally codified at 34 U.S.C.10151-107261,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-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 Katharine T.Sullivan Greg Harrison Principal Deputy Assistant Attorney General City Manager 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE de/2A/ I �I 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 O.IP 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 Fy • Bureau of Justice Assistance . SHEET 1 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.C.3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its teens.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 ham 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.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 t"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 O.1P 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 OW 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 1 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/i)OJ/index.htm),including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially reclassified(that is,moved and renumbered)to a new Title 34,entitled"Crime Control and Law Enforcement."The reclassification encompassed a number of statutory provisions pertinent to OJP awards(that is,OJP grants and cooperative agreements),including many provisions previously codified in Title 42 of the U.S.Code. Effective as of September 1,2017.any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to Title 34.This rule of construction specifically includes references set out in award conditions,references set out in material incorporated by reference through award conditions.and references set out in other award requirements. 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully completed an"OJP financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January I,2017,will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendar days after—(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or after January 1,2017,will satisfy,this condition. A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for of this condition is available at h s//www.o ov/trainin fmts.htm. All trainings that satisfythis condition purposes trP'� .1P.g � g 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 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 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). OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 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 I.The recipient(and any subrecipient at any tier)must— A.Ensure that,as part of the hiring process for any position within the United States that is or will be funded(in whole or in part)with award funds,the recipient(or any subrecipient)properly verifies the employment eligibility of the individual who is being hired,consistent with the provisions of 8 U.S.C. 1324a(a)(1)and(2). B.Notify all persons associated with the recipient(or any subrecipient)who are or will be involved in activities under this award of both— (1)this award requirement for verification of employment eligibility.and (2)the associated provisions in 8 U.S.C. 1324a(a)(I)and(2)that,generally speaking,make it unlawful,in the United States,to hire(or recruit for employment)certain aliens. C.Provide training(to the extent necessary)to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1)and(2). D.As part of the recordkeeping for the award(including pursuant to the Part 200 Uniform Requirements),maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements,as well as records of all pertinent notifications and trainings. 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition. 4.Rules of construction A.Staff involved in the hiring process For purposes of this condition,persons"who are or will be involved in activities under this award"specifically includes (without limitation)any and all recipient(or any subrecipient)officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded(in whole or in part)with award funds. B.Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,the recipient(or any subrecipient)may choose to participate in,and use,E-Verify(www.e-verify.gov),provided an appropriate person authorized to act on behalf of the recipient(or subrecipient)uses E-Verify(and follows the proper E-Verify procedures,including in the event of a"Tentative Nonconfirmation"or a"Final Nonconfirmation")to confirm employment eligibility for each hiring for a position in the United States that is or will be funded(in whole or in part)with award funds. C."United States"specifically includes the District of Columbia,Puerto Rico.Guam,the Virgin Islands of the United States,and the Commonwealth of the Northern Mariana Islands. D.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or ow 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 SO Grant I I I 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.B.,shall be understood to relieve any recipient,any subrecipient at any tier,or any person or other entity,of any obligation otherwise imposed by law,including 8 U.S.C. 1324a(a)(1) 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(P1I) 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 P1I 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--OW considers a"subaward"(and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm(Award condition: All subawards("subgrants")must have specific federal authorization),and are incorporated by reference here. 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 OW 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 09/1 812 0 1,J 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 administered]in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S.statutory and public policy requirements")and 200.319(a)(generally requiring"[a]ll procurement transactions[to]be conducted in a manner providing full and open 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 Bureau of Justice Assistance SHEET PAGE 8 OF SO Grant PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/1812019 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/ProhibitedConduct Trafficking.htm(Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP authority to terminate award)),and are incorporated by reference here. 15. Determination of suitability to interact with participating minors SCOPE.This condition applies to this award if it is indicated--in the application for the award(as approved by DOJ)(or in the application for any subaward.at any tier),the DOJ finding announcement(solicitation),or an associated federal statute—that a purpose of some or all of the activities to be carried out under the award(whether by the recipient,or a subrecipient at any tier)is to benefit a set of individuals under 18 years of age. The recipient,and any subrecipient at any tier,must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/interact-Minors.htm (Award condition: Determination of suitability required.in advance,for certain individuals who may interact with participating minors),and are incorporated by reference here. 16. Compliance with applicable rules regarding approval,planning.and reporting of conferences,meetings,trainings.and other events The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations, policies.and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ), including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"DOJ Grants Financial Guide"). 17. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner(including within the timeframes)specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of2010,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/Implement/TrainingPrinciplesForCrrantees-Subgrantees.htm. 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 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(O.1P 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 time),specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently,among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice. Part 38,currently,also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee")organizations that engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R.Part 38 is available via the Electronic Code of Federal Regulations(currently accessible at httpsJ/www.ecfr.gov/cgi-bin/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under e-CFR"current"data. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice r Office ofJustice Programs I AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 10 OF 30 Grant PROJECT NUMBER 2019-DI-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/FY19AppropriatiansRestrictions.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--(1)online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select"Submit Report Online");(2)mail directed to:Office of the Inspector General.U.S.Department of Justice, Investigations Division,1425 New York Avenue,N.W.Suite 7100,Washington,DC 20530:and/or(3)by facsimile directed to the DOJ OIG Fraud Detection Office(Attn: Grantee Reporting)at(202)616-9881(fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. OW PC)RM 400(1/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 11 OF so Grant • PROJECT NUMBER. 2019-DJ-BX-0432 AWARD DATE 09/1 812 0 1 9 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 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. 1 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 12 OF 30 Grant PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2010 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 messaging while driving Pursuant to Executive Order 1.3513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed,Reg. 51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 30. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ If the recipient is designated"high risk"by a federal grant-making agency outside of DC),I,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()JP by email at OJP.ComplianceReporting;aojp.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 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--(I)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 1101,except that"State"also includes American Samoa. (5)Pursuant to the provisions set out at(or referenced in)8 U.S.C. 1551 note("Abolition...and Transfer of Functions"),references to the"Immigration and Naturalization Service"in 8 U.S.C. 1373 and 1644 are to be read as references to particular components of the Department of Homeland Security(DHS). B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any State or local government,any public institution of higher education,or any other entity(or individual)to violate any federal law,including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE:Any questions about the meaning or scope of this condition should be directed to OJP,before award acceptance. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 14 OF 30 r„• 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 I.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. oil'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 3o Grant PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18'2019 SPECIAL CONDITIONS 33. Authority to obligate award funds contingent on noninterference(within the funded"program or activity")with federal law enforcement:8 U.S.C.1373 and 1644;unallowable costs:notification 1.If the recipient is a"State,"a local government,or a"public"institution of higher education: A.The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient (or of any subrecipient at any tier that is a State,a local government.or a public institution of higher education)that is funded in whole or in part with award funds is subject to any"information-communication restriction." B.In addition,with respect to any project costs it incurs"at risk."the recipient may not obligate award funds to reimburse itself if—at the time it incurs such costs—the program or activity of the recipient(or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that would be reimbursed in whole or in part with award funds was subject to any information-communication restriction. C.Any drawdown of award funds by the recipient shall be considered.for all purposes,to be a material representation by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and each subrecipient (regardless of tier)that is a State,local government,or public institution of higher education,is in compliance with the award condition entitled"Noninterference(within the funded'program or activity')with federal law enforcement:8 U.S.C. 1373 and 1644:ongoing compliance." D.The recipient must promptly notify OJP(in writing)if the recipient.from its requisite monitoring of compliance with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the recipient,or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education,may be subject to any information-communication restriction.In addition,any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher education must require prompt notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an information-communication restriction. 2.Any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher education must provide that the subrecipient may not obligate award funds if,at the time of the obligation.the program or activity of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with award funds is subject to any information-communication restriction. 3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award funds that,under this condition,may not be made shall be unallowable costs for purposes of this award.In making any such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the"Noninterference...8 U.S.C. 1373 and 1644;ongoing compliance"award condition. 4.Rules of Construction A.For purposes of this condition"information-communication restriction"has the meaning set out in the "Noninterference...8 U.S.C. 1373 and 1644;ongoing compliance"condition. B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference...8 U.S.C. 1373 and 1644;ongoing compliance"condition are incorporated by reference as though set 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 16 OF 30 Grant PROJECT NUMBER 2019-DJ-EX-0432 AWARD DATE 09/1.8/2019 SPECIAL CONDITIONS 34. Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement:8 U.S.C. 1373 and 1644:unallowable costs;notification 1.if the recipient is a"State,"a local government,or a"public"institution of higher education: A.The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient (or of any subrecipient at any tier that is a State,a local government.or a public institution of higher education)that is funded in whole or in part with award funds is subject to any"information-communication restriction." B.in addition,with respect to any project costs it incurs"at risk."the recipient may not obligate award funds to reimburse itself if--at the time it incurs such costs--the program or activity of the recipient(or of any subrecipient at any tier that is a State,a local government.or a public institution of higher education)that would be reimbursed in whole or in part with award funds was subject to any information-communication restriction. • C.Any drawdown of award funds by the recipient shall be considered.for all purposes,to be a material representation by the recipient to 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 funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award funds that,under this condition,may not be made shall be unallowable costs for purposes of this award.In making any such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the"No use of funds to interfere... 8 U.S.C. 1373 and 1644;ongoing compliance"award condition. 4.Rules of Construction. The"Rules of Construction"set out in the"Authority to obligate award funds contingent on noninterference(within the funded"program or activity")with federal law enforcement:8 U.S.C. 1373 and 1644: unallowable costs;notification"condition are incorporated by reference as though set forth here in full. 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 Grant PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 0918i2019 • • • 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 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. I,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 (or could forma predicate for)a violation of 18 U.S.C. ihs s e would constitute 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--(I)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. • • OR FORM 4000/2(REV.4-88) U.S.Department of Justice At- w Office ofJustice Programs AWARD CONTINUATION 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.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. 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. 1 ON FORM 4000/2(REV.4-88) U.S.Department of Justice tlr Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 19 OF 30 `*J1 1 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 be an alien as to his right to be or to remain in the United States,"and 8 C.F.R.287.5(a),under which that power may be exercised "anywhere in or outside the United States"—within the funded program or activity,no State or local government entity,-agency,or-official may interfere with the exercise of that power to interrogate"without warrant"(by agents of the United States acting under color of federal law)by impeding access to any State or local government(or government-contracted)correctional facility by such agents for the purpose of"interrogat[ing]any alien or person believed to be an alien as to his[or her]right to be or to remain in the United States." 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this condition. 4.Rules of construction A.For purposes of this condition: (1)The term"alien"means what it means under section 101 of the Immigration and Nationality Act(INA)(see 8 U.S.C. 1101(a)(3)). (2)The term"correctional facility"means what it means under the title 1 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. OW 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 funds to interfere with federal law enforcement: Interrogation of certain aliens SCOPE.This condition applies as of the date the recipient accepts this award,and throughout the remainder of the period of performance for the award.Its provisions must he 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 of the United States acting under color of federal law)by impeding access to any State or local government(or government- contracted)correctional facility by such agents for the purpose of"interrogat[ing]any alien or person believed to be an alien as to his[or her]right to be or to remain in the United States." 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable.necessary.and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this condition. 4.Rules of construction. 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 Bureau of Justice Assistance SHEET PAGE 21 OF 30 Grant PROJECT NUMBER 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 (tor 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.The"Rules of Construction"set out in the"Noninterference(within the funded"program or activity")with federal law enforcement:Interrogation of certain aliens"award condition are incorporated by reference as though set forth here in full. B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any State or local government,or any other entity or individual to maintain(or detain)any individual in custody beyond the date and time the individual otherwise would have been released. C.Applicability (1)Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least 48 hours,if possible)."(See DHS Form 1-247A(3/17)).if(e.g.,in light of the date DHS made such request)the scheduled release date and time for an alien are such as not to allow for the advance notice that DIlS has requested,it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2)Current DHS practice is to use the same form for a second,distinct purpose--to request that an individual be detained for up to 48 hours AFTER the scheduled release.This condition does NOT encompass such DHS requests for detention. 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 SO *Jon � Grant PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/1812019 SPECIAL CO,yDITiONS 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. I.No use of funds to interfere with"removal"process:Notice of scheduled release date and time Consonant with federal law enforcement statutes--including 8 U.S.C. 1231 (for an alien incarcerated by a 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 ofItomeland Security(DHS)and/or Immigration and Customs Enfhrcement(ICE),"All subrecipient responses must be collected and maintained by the recipient,consistent with document retention requirements,and must be made available to DOI 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 Bureau of Justice Assistance SHEET PAGE 23 OF 30 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 OW 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--(I)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 DO.I's Global Justice Information Sharing Initiative(Global)guidelines.The recipient(and any subrecipient at any tier)must conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at:https://it.ojp.gov/gsp_grantcondition. • The recipient(and any subrecipient at any tier)must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information.or provide detailed justification for why an alternative approach is recommended. • • • OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION ', Bureau of Justice Assistance eSHEET PAGE 24 OF 30 Grant I PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 091182019 SPECIAL CONDITIONS 47. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA fur law enforcement information sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 48. Compliance with 28 C.F.R.Part 23 With respect to any information technology system funded or supported by funds under this award,the recipient and any subrecipient at any tier)must comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies.if OJP determines this regulation to be applicable.Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as per the regulation.Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 34 U.S.C. 1023l(c)-(d). The recipient may not satisfy such a line with federal funds. 49. Protection of human research subjects The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R.Part 46 and all OJP policies and procedures regarding the protection of human research subjects.including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent. 50. Confidentiality of data The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.The recipient further agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and.in particular,28 C.F.R.22.23. 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(CAN)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 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(intemet-based)task force training.Additionally,all future task force members must complete this training once during the period of performance for this award,or once every four years if multiple 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 OW 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 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. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice (611 Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 26 OF 30 w 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 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 he 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 1 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. 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. OW FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION 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/tecbnology/body-armor/Pages/compliant-ballistic-armor.aspx).In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted,as set forth in 34 U.S.C.10202(c)(1)(A).The latest NU standard information can be found here:https:!/nij.gov/ topics/technology/body-armor/pages/safety-initiative.aspx. 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 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. 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. OW FORM 4000/2(REV.4-88) U.S.Department of Justice Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 28 OF 30 Grant PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18.2_019 SPECIAL CONDITIONS 63. Expenditures prohibited without waiver No finds 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 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. 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 C ODIS. 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/profrle.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.asps, OJP FORM 400012(REV.4-88) 1 ';; U.S.Department ofJustice Office of Justice Programs AWARD CONTINUATION � ..:r = 0Bureau of Justice Assistance SHEET PAGE 29 OF 30 Grant I PROJECT NUMBER 2019-DJ-BX-0432 AWARD DATE 09/18/2019 I 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 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 OW web site at https://ojp.gov/funding/FAPIIS.htm(Award condition: Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporated by reference here. 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 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. 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 subrecipients.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. 1 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-D1-BX-0432 AWARD DATE 09./18i2019 SPECIAL.CONDITIONS 73. 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. OJP FORM 400012(REV.4-88) V" 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 jrm 5/19/2020 L:agr/finance/2020-726 5 FIRST AMENDMENT TO THE 2019 EDWARD BYRNE JUSTICE ASSISTANCE LOCAL SOLICITATION GRANT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE FOR PARTICIPATING AGENCY %ALIA,e- 4 'ty of Tamarac Date ichael C. Cernech, City Manager FOR 6 Appendix E Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement(ICE) Each applicant must provide responses to the following questions as an attachment to the application: (1) Does your jurisdiction have any laws, policies, or practices related to whether, when, or how employees may communicate with DHS or ICE? (2) Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law that binds a city) that meet the description in question 1? (3) If yes to either: • Please provide a copy of each law or policy; • Please describe each practice; and • Please explain how the law, policy, or practice complies with section 1373. Note: Responses to these questions must be provided by the applicant to BJA as part of the JAG application. Further, the requirement to provide this information applies to all tiers of JAG funding, for all subawards made to state or local government entities, including public institutions of higher education. All subrecipient responses must be collected and maintained by the direct recipient of JAG funding and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. 52 BJA-2018-13626 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2019 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality's application for an award under the FY 2019 Edward Byrne Justice Assistance Grant ("JAG") Program, and further to 34 U.S.C. § 10153(a), certify to the Office of Justice Programs ("OJP"), U.S. Department of Justice("USDOJ"), that all of the following are true and correct: 1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf as chief executive and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government. 2. I certify that no federal funds made available by the award (if any)that OJP makes based on the application described above will be used to supplant 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. 3. I assure that the application described above(and any amendment to that application) was submitted for review to the governing body of the unit of local government(e.g., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification. 4. I assure that, before the date of this certification—(a)the application described above(and any amendment to that application)was made public; and (b) an opportunity to comment on that application (or amendment)was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure made such an opportunity available. 5. I assure that, for each fiscal year of the award (if any)that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require. 6. I have carefully reviewed 34 U.S.C. § 10153(a)(5), and,with respect to the programs to be funded by the award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified therein. ature of Chief Executive of the Applicant Unit of Date of Certification ocal Government 1 ( -L C. C: ;='AiEC1.-- c tn-1 n11)-34I�h iZ Printed Name of Chief Executive Title of Chief Executive 11i i t -7Th-rn 1').,2 IN Name of Applicant Unit of Local Government AP ,r: i _ 7 ��/z a CI ` FA Rev. March 6,2019 Appendix E Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement(ICE) Each applicant must provide responses to the following questions as an attachment to the application: (1) Does your jurisdiction have any laws, policies, or practices related to whether, when, or how employees may communicate with DHS or ICE? (2) Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law that binds a city) that meet the description in question 1? (3) If yes to either: • Please provide a copy of each law or policy; • Please describe each practice; and • Please explain how the law, policy, or practice complies with section 1373. Note: Responses to these questions must be provided by the applicant to BJA as part of the JAG application. Further, the requirement to provide this information applies to all tiers of JAG funding, for all subawards made to state or local government entities, including public institutions of higher education. All subrecipient responses must be collected and maintained by the direct recipient of JAG funding and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal govemment/organization, a nonprofit organization, or a private institution of higher education. 52 BJA-2018-13626 prnpano [ beech_ Florida's Warmest Welcome SUBRECIPIENT AGREEMENT BETWEEN CITY OF POMPANO BEACH, AND the City of Tamarac 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 the City of Tamarac ("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 _City of Tamarac $ 10,278 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-of 22 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.Major@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://ojp.gov/financialguide/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 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-of 22 • 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.epo.eov/fdsys/pkg/PLAW-109pub1162/pdf/PLAW-109pub1162.pdf. • United States Code:www.epo.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-of 22 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 -of 22 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-of 22 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 I), 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 VIII: 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-of 22 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://dos.myflorida.com/media/693574/general-records-schedulegs0l-sl.pdf http://dos.mvflorida.com/media/693578/gs02.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-of 22 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/finance/2020-728 Page- 14-of 22 SUBRECIPIENT CITY of Tamarac Al P i / Page-15-of 22 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-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-of22 SUBGRANT AWARD CERTIFICATE Subrecipient's Name: City of Tamarac DUNS No._077270940 Federal Award Date: 09/18/2019 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: $ 10,278 [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: I) 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-of 22 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: City of Tamarac yd Department of ( i L � vlu. �. k14 - /24 �......r... ..._ 7 day of"S—vf y Date of Acceptance Page- 19-of 22 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$ 10,278 , [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 : City of Tamarac 7/7 fg' De rtment of o N-, day off L7, 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: _City of Tamarac Department of ert. > MLA Irset -.— day of -S-(Stf, 220�O A. Pit ?"- • B! A d Ee 6k•.,S4i Ysr .J Page-21-of22 EXHIBIT C Grant Award and Special Conditions Page-22-of 22 FUNDING AGREEMENT BETWEEN CITY OF TAMARAC AND THE BROWARD COUNTY SHERIFF FOR 2019 EDWARD BYRNE MEMORIALJUSTICE ASSISTANCE GRANT PROGRAM This Funding Agreement ("Agreement") is made and entered into by and between City of Tamara c a local unit of government in the County of Broward and political subdivision of the State of Florida ("City"), and Gregory Tony, as Sheriff of Broward County, on behalf ofthe Broward County Sheriffs Office, a Florida constitutional officer for Broward County (1'BSOJ/) (collectively referred to as the "Parties"). RECITALS A. The U.S. Department of Justice ("DOY) has identified Broward County as a "disparate 11 County. B. The DOJ awarded the City of Pompano, as lead agency in the disparate county, a grant in the amount of $501,886.00 under the FY19 Bureau of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award Number 2019-DJ-BX-0432, a copy of which is attached to this Agreement as Exhibit A ("Grant'l C. The City of Pompano then entered into various agreements with Broward County and municipalities in Broward County to subaward portions of the Grant. The City of Pompano sub-awarded $ 10 278 .00 of the Grant to City (the 11Sub-Award 11 ) for City to fund a proportionate share of a crime analyst position (the "Grant Funded Position}}) and/or for the City to undertake a certain public safety program (the "Projecf') as more fully explained and detailed in the BSO Scope of Sub-Award Use attached as Exhibit B. D. City and BSO desire to memorialize the terms under which City will serve as a non- federal pass-through entity to provide the Sub-Award to BSO and BS0 1 s obligations in connection with the Grant. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1. DEFINITIONS 1.1. Board means the Board of City Commissioners of City of Tam arac 1.2 . Contract Administrator means the Citis Grants Administration Division Administrator or such other person designated by the City Administrator. 1.3. City Administrator means the administrative head of City appointed by the Board . 1.4. Services means all services to be performed by BSO under this Agreement , includ i ng all obligations imposed by the DOJ upon the Grant Recipient and Sub -Recipients pursuant to the Gr ant Agreement (Exhibit A) as it pertains to the Grant-Funded Position and/or the Project as FY19 Edward Byrne Memorial JAG Program Award Number 2019-DJ-BX-0432 Page 1 of 11 DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 well as all matters described in the BSO Scope of Sub-Award Use (Exhibit B) as it pertains to the Grant Funded Position and/or the Project. Exhibit A Exhibit B Exhibit C ARTICLE 2. EXHIBITS Grant Agreement BSO Scope of Sub-Award Use Grant Program Budget for City Sub-Award ARTICLE 3. SCOPE OF SERVICES BSO shall perform all Services consistent with the terms of this Agreement and the Exhibits incorporated herein as it relates to the Grant-Funded Position. BSO's obligations include, the requirements outlined in 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 200 (together, the "Part 200 Uniform Guidance"). This Agreement is intended to be, and should be construed as, consistent with Part 200 Uniform Guidance . ARTICLE 4. TERM The term of this Agreement shall be contemporaneous with the Grant's remaining term which shall be from March 27, 2023 through September 30, 2024 ("Term"), and if the Grant's terms allow, shall continue thereafter as a month-to-month agreement until the subject funds are expended. The continuation of this Agreement beyond the end of the City fiscal year is subject to the appropriation and availability of necessary funding from the Grant. ARTICLES. FUNDING OF SUB-AWARD 5.1 . City will provide funding to BSO from the Sub-Award actually received by City for BSO to utilize for the purposes stated in or incorporated into this Agreement. The maximum amount of reimbursement to BSO for which City may be responsible to BSO under this Agreement is Nine Thousand Nine Hundred Sixty-Nine Dollars and Sixty-Six Cents($ 9,969 .66 ), as more specifically described in the Grant Program Budget for City Sub-Award attached as Exhibit C. 5.2. City will reimburse BSO only for authorized Services and activities under the Grant and this Agreement, and only to the extent of funding actually provided to City from the City of Pompano under the Grant and the Sub -Award. BSO shall only submit invoices for costs that are reimbursable under the Grant and for expenses that were incurred for purposes permitted under the Grant. City will not reimburse BSO for costs incurred for any purpose other than those specified in the exhibits to this Agreement and the Grant. Failure of BSO to comply with the provisions in this Agreement or the Grant will result in required corrective action up to and including financial consequences and termination. A financial consequence may be imposed by City for BSO's noncompliance in accordance with 2 C.F.R . § 200 .338 and this Agreement, including disallowance of project costs and withholding of federal funds . FY19 Edward Byrne Memorial JAG Program Award Number 2019-DJ-BX-0432 Page 2 of 11 DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 5.3. B5O provides City with general law enforcement services under a separate written agreement ("General Law Enforcement Services Contract") and the B5O services contained herein are separate and apart and completely distinguishable from the B5O services being provided to the City under the General Law Enforcement Services Contract. The funds identified in section 5.1 herein are in addition to the funds paid by City to B5O under the parties' General Law Enforcement Services Contract. ARTICLE 6. METHOD OF BILLING AND REIMBURSEMENT 6.1. B5O shall submit to City electronically to City one invoice for reimbursement for the proportionate share of a Grant Funded Position (if applicable) immediately after full execution of this Agreement as the services have been incurred and being provided to City . 6.2 . BSO acknowledges that Grant funds may not under any circumstances be expended prior to October 1, 2018, or after September 30, 2024 ("Eligible Period") or if the Grant term is extended, through that extended time frame. BSO agrees it will not seek reimbursement of any costs or expenses other than those incurred during the Eligible Period . City shall have no obligation to reimburse BSO for any amounts for costs or expenses not incurred during the Eligible Period. 6.3 , Invoices must be submitted to : City of Tamarac Office of the City Manager 7525 NW 88th Avenue Tamarac, FL 33321 Email Address:,Tanya.Williams@Tamarac.org ARTICLE 7. SOVEREIGN IMMUNITY; INDEMNIFICATION Nothing herein is intended to serve as a waiver of sovereign immunity by either Party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. City and BSO are political subdivisions as defined in Section 768.28, Florida Statutes, and shall be responsible for the negligent or wrongful acts or omissions of its employees pursuant to Section 768.28, Florida Statutes ARTICLE 8. FINANCIAL REQUIREMENTS AND RESPONSIBILITIES BSO shall ensure that all expenditures and cost accounting of funds associated with the Grant and this Agreement shall conform to the Office of Justice Grants Financial Guide, and 0MB Uniform Guidance (2 C.F .R. § 200.319), as applicable, in their entirety. BSO must maintain written procedures for procurement transactions. Procedures must ensure that all solicitations follow 2 C.F.R . § 200.319, "Competition." BSO is required to establish and FY19 Edward Byrne Memorial JAG Program Award Number 2019-DJ-BX-0432 Page 3 of 11 DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 maintain adequate accounting systems and financial records and to accurately account for funds awarded to it. 850 shall 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 BSO must be able to accommodate a fund and account structure to separately track receipts, expenditures, assets, liabilities for awards, and programs. All funds spent on this project must be disbursed according to provisions of the Project Budget as approved in the Grant and this Agreement. See Project Budget attached as Exhibit C. ARTICLE 9. MANAGEMENT AND REPORTING REQUIREMENTS 9.1 . Performance: In the event of default, noncompliance, or violation of any provision of this Agreement, and after City gives BSO thirty (30) days to cure said default, noncompliance or violation, City may impose sanctions that are fair and reasonable under the circumstances which may include withholding future payments, cancellation, or termination of this Agreement (collectively referred to herein as Sanctions) in whole or in part. If such cure by BSO does not occur within the thirty (30} day notice period then in such event, City will notify 850 of its decision of the Sanction that will be implemented by City against BSO. If this Agreement is cancelled or terminated pursuant to this section, BSO shall be reimbursed only for those activities satisfactorily completed in compliance with this Agreement prior to the effective date of such sanction. 9.2. Perfo r mance Reports: 850 shall provide any additional information reasonably requested by the Contract Administrator, including without limitation any information that may be required for City or 850 to comply with federal reporting requirements. ARTICLE 10. MONITORING AND AUDITS 10.l. Access to Records: City, the City of Pompano Beach, DOJ, U.S. Comptroller General, or any of their duly authorized representatives, shall have access to books, documents, pape rs, and records of B5O and BSO's Contractors related to the Grant or this Agreement for the purpose of audit and examination according to the DOJ Grants Financial Guide. 10.2. Prop er ty Managem ent : BSO must establish and administer a system to protect, preserve, use, maintain, and dispose of any property furnished to it by City or purchased pursuant to this Agreement consistent with federal property management standards set forth in the DOJ Grants Financial Guide, and Part 200 Uniform Guidance. This obligation continues as long as BSO retains the property, notwithstanding expiration or termination of this Agreement. 10.3. Retention of Records: BSO must maintain all records relating to the Grant 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. Both parties must comply with State of Florida General Records Schedule GSl-SL for State and Local Government Agencies: h ttps :ljfiles. floridados.gov/media/706717 /gsl-sl-june-2023 . pdf FY19 Edward Byrne Memorial JAG Program Award Number 2019-DJ-BX-0432 Page 4 of 11 DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 BSO must also comply with State of Florida General Records Schedule GS2 for Criminal Just ice Agencies: https ://files. florid ados. gov/med i a/706718/gs2 -j u n e-2023. pdf 10.4. Single Annual Audit 10.4.1. BSO must have a single audit or program-specific audit conducted each year. The audit must be performed in accordance with 2 C.F.R. Part 200, Subpart F, "Audit Requirements," and other applicable federal law. This Agreement must be identified in BSO's Schedule of Federal Financial Assistance in the subject audit. BSO's audit report must identify this Agreement and include the contract number, award amount, contract period, funds received, and funds disbursed. 10.4.2. A complete audit report that covers any portion of the effective dates of this Agreement must be submitted to City within 30 days after completion and must be finalized no later than nine (9) months after the audit period. In order to be complete, the submitted audit report to City must include 850 management's written response to all findings. It must also include management letters, if any, and BSO management's response to the management letters. 10.4.3. Audits must be completed by an Independent Public Accountant ("IPA") and according to Generally Accepted Government Auditing Standards. The IPA must be either a Certified Public Accountant or a Licensed Public Accountant. BSO must procure audit activities according to the Part 200 Uniform Guidance 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 . 10.4.4. 850 must promptly follow up and take appropriate corrective action for any findings in the audit report in instances of noncompliance with federal laws and regulations, including but not limited to prepa r ation of a summary schedule of prior audit findings and a corrective action plan. BSO's follow-up audit findings must comply with the requirements in Part 200 Uniform Guidance . 10.4.5 . 850 must make copies of the audit available for public inspection and ensure respective parts of the reporting package do not include protected personally identifiable information . The audit and its supporting records must be made available upon request for a period of three (3) years after the date the audit report is issued. 10.4.6. 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 ofthirty (30) calendar days after rece ipt of the auditor's reports, or nine (9) months after the end of the audit period . Submission must i nclude required elements described in Appendi x X to Part 200 Uniform Guidance on the specified Data Collection Form (Form SF-SAC) and be signed by BSO's chieffinancial officer or designee. FY19 Edward Byrne Memorial JAG Program Award Number 2019-DJ -BX-0432 Page 5 of 11 DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 ARTICLE 11. TERMINATION 11.1. This Agreement may be terminated for cause by City if it identifies a breach by BSO that is not corrected within thirty (30) days after receipt of written notice of default from City. This Agreement may also be terminated for convenience by the Board or by BSO w ith a thirty (30) day advanced written notice to the other party . Termination for convenience shall be effective on the termination date stated in written notice provided by the terminating party. This Agreement will automatically terminate immediately after written notice of such termination if the Grant or Sub -Award is terminated. 11.2 . Notice of termination shall be provided in accordance with the "Notices" section of this Agreement. ARTICLE 12. MISCELLANEOUS 12 .1. Contract A dm in is tra t or Aut hority : The Contract Administrator is authorized to coordinate and communicate with BSO to manage and supervise the performance of this Agreement . 12.2. Public Records . To the extent BSO is acting on behalf of City as stated in Section 119 .0701, Florida Statutes, BSO shall: 12 .2.1. Keep and maintain public records required by County to perform the services under this Agreement; 12.2.2. Upon request from City, provide City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law. IF BSO HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO BSO'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Kimberly Dillon, City Clerk, @ Phone number: 954-597-3505, @ e-mail address: Kimberly.Dillon@Tamarac.org, Address: 7525 NW 88 Avenue, Tamarac, Fl 33321-2401; 12 .2.3. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion or termination of this Agreement if the records are not transferred to City; and 12.2.4. Upon completion or termination of this Agreement, transfer to City, at no cost, all public records i n possession of BSO or keep and mainta in public records required by City to perform the services. If BSO transfers the records to City , BSO shall destroy any duplicate public records that are exempt or confidential and exempt. If BSO keeps and maintains the public records, BSO shall meet all applicable requirements for retaining FY19 Edward Byrne Memorial JAG Program Award Number 2019-DJ-BX-0432 Page 6 of 11 DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 public records. All records stored electronically must be provided to City upon request in a format that is compatible with the information technology systems of City . A request for public records regarding this Agreement must be made directly to City, which will be responsible for responding to any such public records requests. BSO will provide any requested records to City to enable City to respond to the public records request. 12.3. Noti ces . In order for a notice to a party to be effective under this Agreement, notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a contemporaneous copy via e-mail, to the addresses listed below and shall be effective upon mailing or hand delivery (provided the contemporaneous email is also sent). The addresses for notice shall remain as set forth in this section unless and until changed by providing notice of such change in accordance with the provisions of this section. FOR CITY: CITY OF TAMARAC Attn: Office of the City Clerk 7525 NW 88 th Aven ue Ta m ar ac, FL 33321-2 401 Email address: Tanya .Willi ams@Tamar ac.o rg FOR BSO : Colonel Oscar Llerena Executive Director of Administration Broward Sheriff's Office 2601 West Broward Blvd. Fort Lauderdale, Florida 33312 Email address: Oscar _Llerena@sheriff.org and Norma McGraw Grants Manager Broward Sheriff's Office 2601 West Broward Blvd. Fort Lauderdale, Florida 33312 Email address: Norma _McGraw@sheriff.org FY19 Edward Byrne Memorial JAG Program Award Number 2019-DJ-BX-0432 Page 7 of 11 DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 With copies to: Terrence Lynch, General Counsel Office of the General Counsel Broward Sheriff's Office 2601 West Broward Blvd. Fort Lauderdale, Florida 33312 Email address: Terrence_Lynch@sheriff.org 12.4. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term of this Agreement. Either party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification ofthis Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party. 12.5. Compliance with La ws. Both parties must comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations including, without limitation, American with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973, and any related federal, state, or local laws, rules, and regulations. 12.6. Severability. In the event any part of this Agreement is found to be unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect. 12.7. Joint Preparation . This Agreement has been jointly prepared by the Parties and shall not be construed more strictly against either Party . 12.8. Interpretation . The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all of the subsections of such section, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to (/days" means calendar days, unless otherwise expressly stated. 12.9 . Pr iority of Prov ]s ion s. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated FY19 Edward Byrne Memorial JAG Program Award Number 2019-0J-BX-0432 Page 8 of 11 DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 in this Agreement and any provision of Articles 1 through 12 of this Agreement, the provisions contained in Articles 1 through 12 shall prevail and be given effect. 12.10. Law , Jurisdiction , Venue, Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim ari sing from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida . BY ENTERING INTO THIS AGREEMENT, BSO AND CITY HEREBY EACH EXPRESSLY WAIVE ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 12 .11. Amendments. No modification, amendment, or alteration in the terms or conditions contained in this Agreement shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by duly authorized representatives of City and 850. 12 .12. Prior Agreements. This Agreement represents the final and complete understanding of the Parties regarding the subject matter and supersedes all prior and contemporaneous negotiations and discussions regarding that subject matter. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. 12.13. Incorporation by Reference. Any and all Recital clauses stated above are true and correct and are incorporated in this Agreement by reference. The attached Exhibits are incorporated into and made a part of this Agreement . 12.14. Counterparts and Multiple Originals. The parties agree that this Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become effective when counterparts have been signed by each of the parties and delivered to the other parties; it being understood that all parties need not sign the same counterparts . Facsimile , scanned and electronic mail copies in "portable document format " (".pdf") form and e-signature/d igital signatures are acceptable and shall constitute effective execution and delivery of this Agreement as to the partie s and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by fac simile ore -signature/digital signatures shall be deemed to be the i r original signatures for all purposes. (The remainder of this page is intentionally left blank.) FY19 Edward Byrne Memorial JAG Program Award Number 2019-DJ-BX-0432 Page 9 of 11 DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 AGREEMENT BETWEEN CITY OF TAMARAC AND THE BROWARD COUNTY SHERIFF FOR 2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: City of Tamarac , through its BOARD OF CITY COMMISSIONERS, signing by and through its City Administrator or other authorized agent/representative, authorized to execute same by Board action and the Sheriff, signing by and through his duly authorized representative/agent to execute same . FY19 Edward Byrne Memorial JAG Program Award Number 2019-DJ-BX-0432 City, by and through its City Administrator or Authorized Representative Page 10 of 11 DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 AGREE ME NT BETWEEN _ .... C ..... ITY""""--'O"""F_T'-'-A"'"'"M ____ A ___ RA:...:.C=-_____ AND THE BROWARD COUNTY SHERIFF FOR 2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FY18 Edward Byrne Memoria l JAG Program Award Number 2019-DJ-BX-0884 B5O Gregory Tony, Sheriff of Broward County Co Executive Director-Department of Administration 30 dayof OLrob-ev I 2023 ApJ.?roved as to form & legal sufficiency s j ect to the execution by the parties By:~---"-'~=-------1-- Terrence Lynch, General Counsel Broward Sheriff's Office Page 11 of 11 DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U.S. Department of Jus tice Office of Justice Programs Bureau of Justice Assistance RECIPIENT "iAME AND ADDRESS I Including Z,p Code) City of Pompano Beach I 00 W Atlantic Blvd Pompano Beach , FL 33060-6099 2a GRANTEE IRSNENDOR NO 481 I 94085 2b GR.\NTEE DUNS NO 0801 8 I I 67 PROJECT TITLE FY 19 JAG I 2 SPECIAL CONDfTIONS EXHIBIT A Grant Grant PAGE I OF 30 4 AW"-RD NUMBER 2019-DJ-BX-0432 1 5 PROJECT PERIOD FROM BL'DGET PERIOD FROM 6 AWARD D.-\TE 09/18 /2019 8 SUPPLEMENT NUMBER 00 9 PREVIOUS AW" RD AMOUNT 10 AMOUNT OF THIS ,-\WARD 1 1 TOT,-\L AWARD I 010 I 120 I 8 TO 09/3012022 10101 1201 8 TO 0913012022 7 ACTION ln 111a! $ 0 $501,886 $501 .886 THE ABOVE GRANT PROJECT IS APPROVED SL 'BJECT TO SUCH CONDITlONS OR LIMITATIONS \S .-\RE SET FORTH ON THE ATTACHED PAGE1SJ 13 ST.Ht.:TORY AUTHORITY FOR GRANT TlllS pru1ect os supported under FY 19(BJ.~ -J-1.G State and J,-\G Local) Ttti< I of Pub L 'io 00-351 (generally cod,fied at 34 t.: SC I 0151-10726). including subpllfl I of pan E {cod1lied at 34 U S C I 0151 -IO 158). see also 28 t.: S C 530C(a) 14 CAT"LOG OF DOMESTlC FEDERAL ASSISTANCE (CFD" NwnberJ 16 738 -Edward Byrne :vfemonal Juslice Assistance Grant Program 15 METHOD OF PA Y:VIE:'iT GPRS AGENCY APPROVAL 16 TYPED 'iAME .-IND TITLE OF APPROVING OFFICI.-IL Katharine T Sullivan Pnnc1pal Deputy ~ss1stant A..ttomey General 17 SIGNATURE OF APPROVING OFFTCIAL GRANTEE "CCEPTANCE 18 TYPED NAME A'.\iD TITLE OF Al:THORIZED GRANTEE OFFICIAL Greg Harrison Cit:, \ilam1ger 19 SIGNATURE OF At.;THORIZED RECIPIENT OFFICIAL 19A DATE AGENCY USE ONLY 20 ACCOUNTING CLASSIFICHION CODES 21 \;DJL'GT0493 FISCAL FUND BUD DIV YEAR CODE "CT OFC REG St.;B POMS A:VIOt.:NT X B DJ 80 00 00 501886 OJP FORM 400012 (REV 5-87) PREVIOUS EDITIONS ~RE OBSOLETE OJP FORM 400012 {REV •-88i FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U S Department of Justice Otlice of Justice Programs Bureau of Justice Assistance PROJECT ~C~,JBER 2019-DJ-BX-0432 AWARD CONTINUATION SHEET Grant AW~RD DATE 09/18!20 IQ SPECl.-lL CO.\DJTJO.\'S Requirements of the award; remedies for non-compliance or for materially false statements P~GE OF 30 The co nd111on s of th1s award arc matenal rcquircmenLS of the award Compliance with any assurances or ccrt1fications subm iucd by or on bcha l f of th e recipie nt that relate 10 conduct during the pcnod of performance also 1s a material requi rement ol"this award. By signing and accepung this award on behalf of the 1ccipien1. the authorized recipient official accepts a.II mat erial rcquircmen1s ()f the award , and spcc1fically adopts all such assurances or ccnificauons as if personally executed b 1hc authorized recipient official Failure 10 com pl y with an_ one or more of these awurd requirements --whether a cond1 t1 on set out in full bclo", a conduion incorporated by reference below . or an assurance or ccr1 ilica11on related to co nduct during the award period - -may rcsuh ,n th e Office of Jusucc Progtams ("OJP") taking appropriate actton with respect to the rcc1p1cnt and the award. Among 01her things . the O.IP may, 1thhold award fundS-. disallow costs . or suspend or terminate 1he award The 'S Ocpanmen t of Jusucc ("DOJ "). including OJP . al o may take other legal action as appropnate n materially false . fictitious . or fraudulent stalement tO the federal government related to this award (or concealment r omission of a material Fact) may be the subject of criminal prosccuu on (mcludmg under 18 U C 1001 and /o r 1621 . and/or 34 U S C I 0271-10273 ), and also may lead to impos iuon of oi ii penalties and administrauvc remedies lor false claims or otherwise ( including under 3 I U S C 3729-3 730 and 3801-38 I 2) hould any pr ovision of a requirement of this award be held 10 be invalid 01 unenforceable by its term s, that prov 1s1on shall Jirs1 be applied with a limned construc11on so as 10 give II the ma-:1m um effect permmcd by law. hould II be held , instead . that the prov1s1on 1s uncrl . 1n alld or -uncnforceal;,le . such prov15 1on shall b deemed severable from 1his award 2 Applicabili1y of Part 200 Uniform Requirements The Uniform Admini tra11ve Requirements. Cos1 Principles. and Audit Requm:ments in 2 C.F R. Part 200. as adopted and supplemtnted by DOJ in 2 CF R Part 2800 (together. the "Part 200 Uniform Requirements") apply to this FY 2019 award from OJP The Part 200 Uniform Rc:quiremcnts were first adopt.:d b DOJ on December 26 . 2014 . If this FY 2019 award supplements funds prC\'1ousl awarded by OJP under the same award number (e.g .. funds a\ ardcd during or before December 2014 ). th e Pan 200 Uniform Requirement apply w11h respect 10 all funds under that award number ( regardless of the award date . and regardless ofwh~thcr dcm•ed from the in itial award or a suppkmental award) that a11: obligated on or after the acceptance da te of th is FY 2019 award For more information and resources on the Pan 200 Uniform Requirements as the>• relate to OJP awards and subawards ("subgrants"). see the OJP wcb~ite at hnps ://ojp.gov/funding/Part200UniformRequirements .htm . Record rc1cn11on and access Records pertinent 10 the awar d 1ha1 the rec1p1c:nt (and any subrccipic.nt ("subgrantce") at an tier) must re tain -ryp1cally for a pc nod of 3 years from the date of submission of the rma J e,-:pend1ture_ report ( F 42 ·1. unless a differen t retention pcnod applies -and 10 which 1he recipient (and any subrccipient ("subgrai11cc ") at any lier) must provide access . include performance: measurement informa11on . ,n addn1on 10 the financial records. suppo rting documents . statis tical records . and other pertinent records indicated al 2 C.F R, 200 .333 In the event 1ha1 an award-related qucsuon arises from documents or other materials prepared or distr ibuted by OJP that ma)' appear 10 conOict with . or differ in some way from . the pro is ions of the Part 200 Uniform Requirements. the recip 1en1 is to contact OJP prompt!) for claritication OJP FORM 4000/c (REV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U S Department of Justice Omce of Justice Programs Bureau of Justice Assistance PROJECT Nt.:MBER 2019-DJ-BX-0432 AWARD CONTINUATION SHEET Grant AWARD DATE 09/18/2019 SPECIAL CO .\DIT!O\'S 3 Compliance with DOJ Grants Financial Guide P.\GE OF 30 References to the DOJ Gran1s Fi nancial Guide are to the DOJ Grants F1nanc1al Guide as posted on the OJP website (cu rrently, the "DOJ Grants Financ ial Guide " available at h11ps ://ojp .govlrmancialguldc/DOJ'1nde him ). mc.luding any updated version that may be posted dunng the period of pcrfomiance The recipient agree lo com pl y with the DOJ Grants Financial Guide 4 Reclassificauon of various statutory provisions to a new Title 34 of the United States Code On September I. 2017 . various statutory prm'IS1ons prtv1ou ty cod1ticd else, her¢ in the U . Code were cduorially reclassified (that 1s. moved and renumbered to a ni'., T11le •~. cn111led "'Crime Co ntr ol and La, Enforcem ent " The rcclas~ificauon encompassed a numb.:r of statu tory provisions penincnt to OJP awards (tha t is. OJP grams and cooperative agrc~mcnLS). incl uding many prov1s1ons prcv iou ly codified In Title 42 of the U Code . Effccllve as of September I. 2017. any reference: in this award document to a statutory provision that has been reclassified to the new Title 34 of the U. .Co de: is to be read as a reference to Ihat statutory provision as reclassified to Title 34 This rule of construction specifically includes references set out in award conditions. references set out m material incorporated by reference through award conditions . and references set out in other award requirements Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all manc1 a l Points of Contact (FPOCs ) for this award must have successfully completed an "OJP financial management and gmm adm1111strauon training" by 120 days aflcr the date of the rec1pienl's acceptance of the award ucccssful completion of such a training on or after Janu21") I. 2017 . will satisfy this condition In 1he event that either the: P Coran FPOC for this award £hanges during the period o pc rfofmancc . the new POC or FPOC mu t have succcssfull • completed an "OJP financial management and_grant adm1mma11on trammg " by 120 cale ndar days af1er -(I) the date of OJ P's approval of the "Change Grantee Ccmact" GA (rn Lhc case of a ne1\ POC), or (2) the date the POC enter s info rmat ion on the new FPOC m GM Im the case ofa new FPOC). Successful compleuon of such a trainin g on or aficr Ja nuary I.2017 . will satisfy this condition A 11s1 of OJP trainings tha1 OJP will consider "OJP financial management and grant adminis1ra11on training" for purposes of this condition 1s available at hllps //wv. ,. ojp gov/training/fmts.htm. All trainings that satisfy this condition include .a session on grant fraud prcvenuon and de tect ion The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the rcc 1p1cnt fails to comply with this condition The rec1p1cnt's frulurc to comply also may lead OJP to impose additional appropriate conditions on this award 6 Requirements related to "de minim is" indirect cost rate A rcc1p1ent that 1s e ligible under the Pan 200 Uniform Rcqu1rcmenLS and other applicable law lo use the "de min11111s" indirect cost rate described rn 1 C.F.R. 200 414(1). and that elects to use the "de mrn1mis" indirect cost rate , mus t advise OJP in wriung of both its cliglbihty and 11s elccuon. and must comply with all associated rcquircmcnLS m the Pan 200 Uniform Rcqu 1remcnts , The "de minimis" rate may be apphed only to modified total din:cl coSLS (MTDC) as defined by the Part 200 Uniform Requirements . OJP FORM 4000/: (REV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 © -- ' . -. . U S Depanment of Justice Otlice of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant P~GE 4 OF 30 PROJECT Nt;MBER 2019-DJ-BX-0432 AWARD DATE 09/18120 I g SPECIAL C0\DIT/O•\'S 7 Requirement to report potentially duplicative funding Ir the recipient currently has other ac t, c awards or Federal funds . or if the rcc1picn1 receives an~ 01her award of federal fun.ds during the period o f performance for this award . the rccrp1cn1 promptly mus1 dctcrmme whether funds from any of those 01hcr federal awa,ds have been , arc being . or arc to be used ( in whole or m pan) for one or more of the identical cost items for which funds are provided under th is award lfso. I.ht rccip1cn1 mus1 prompt! no11fy the DOJ awarding agenc~ fOJP or OVW , as app ropriate) in wriung of1hc potenual duplicauon. and , ,fso rcqucs1cd by the DOJ award ing agency , must seek a budget-modification or changc -of-proJCCt-scopc grant ad1ustmcn1 11011cc tGA ') to elimtnalc any inap propriate duplication of fimdmg 8 Requirements related to System for Award Management and Universal Identifier Requirements The rccip1cn1 mus1 comply with applicable requirements regarding the System for Award Managcmcn1 (SAM)_ currc-ntly accessible at hnps://ww\\'.Sam gov/ Thi s includes applicable requirements regarding registration with SAM. as wcl I as maintaining the currency or information ,n SAM Th e recipient also must comply with apphcablc rcstrtctions on subawards ("subgrants") to first-tier subrecipients (first-ucr" ubgrantecs''). mcludmg restnwons on subawards Lo entities that do nol acquire and provide (to the recip ie nt) the unique entity identifier required fo r AM reg1strat1on The dc1ails ufthc recipient's obligatJons rcl:ued to SAM and to unique entity identifiers are posted on the OJP web site a1 h11ps :l/ojp .go /fundmg/Explore/SAM him (Award condition : ystcm for Award Management fSAM) and Universal ldcn11ficr Requirements). and are 1n corpora1ed b} 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/::! tREV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 US . Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT "lt.:MBER 2019-DJ-BX-0432 .~WARD DATE 09/18/201 q SPECIAL CO\"DJT/0.\S 9 Employment eligibility verification for hiring under the award I The recipient (and any subrec1pient at any tier) must-- OF 30 A Ensure that. as pan of the h iri ng process for any pos ,u on within the nited talcs thal I or will be funded (in whole or m pan) with award funds . the recipient 1or an} subrccip1cnt) properly verifies the employment eligibility of the indi\•idual who is be ing hired, cons1s1ent with the prov1S1on of 8 U .S C I 324a(a)( I) and C-). B Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (I) this award requirement for verification of employment eligibility. and 12) the associated provisions m 8 USC I 324a(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 thi condition to be notified of the award requirement for employment eligibility venfica11 on and of the associ ated prov1 s1o ns of 8 U.S C I 324a(a)( I) and (21 D As pan of1he rccordkeeping fo r the award ( including pursuant 10 the Part 200 Uniform Requirements). maintain records of all cmplo},meni elig1b1llty vcr1fica1 ions pertincn110 compliance with this award condition in accordance with Form 1-9 rc:cord retentio n rcquircmcnis. as well as records of all pcrtmen1 notifications and trainings . 2 Monitoring The recipient's monitoring responsibilities include monitoring ofsubrecip1ent compliance with this condition 3 Allowable costs To the extent that such costs are not reimbursed under an,· 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 arc or wi ll be involved in activities under this award" specifically includes (without lim 1tauon) a ny and all recipient (or any subrccipient) officials or other s taff who are or , 111 be involved in the hmng proce.ss wnh respect to a pos ition that is orw,11 be funded (m whole or m par!) ,~11h award funds B. Employment eligibility confirmation with E-Verify For purposes of sati sfying the rcqu1rcmcn1 of th 1s condnion regarding vcrilica1lon orcmploymcn1 ellgibilit . the rcc1p1ent (or any s ubrccipient) may choose 10 part ici pate m _ and use . E-Verify (www.c-vcriFy.gov). provided an appropriate person au thorized to act on bchall'ofthc recipient (or subrcc1picnt) uses E-Venfy (and follows the proper E-Vcrify procedures, includ ing m the cvcn1 ofa "Ten1.a11vc 'onconfirmation" or a ''Final Nonconfirma1ion"l to confirm cmplo ,ment eligibility for each hiring for a posnion m the United States that is or will be funded (m whole or in part) with award funds C. "United States" spec,fically includes the District of Columbia. Puerto Rico, Guam, the Virgin Islands of the U nited States, and the Common, ealth of the Northern Mariana Islands D_ Nothmg in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or OJP FORM 40001:' (REV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U S . Depanment of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NCMBER 2019-DJ-BX-0432 AWARD CONTI N UATION SHEET Grant AWARD DATE 09118'1019 SPEO~L CO \DIT/0.\'S P~GE 6 OF 30 any person or other entity. to violate any federal law, including any applicable civil rights or nondiscrimination law E Nothing in this condition. including in paragraph 4 B .. shall be understood to relieve any recipient. any subrcc1pient at any tier. or any person or other entity. of any obi igat1on otherwise imposed by law. including 8 U S C. 1324ara)( I) and (2) Questions about E-crify should be directed 10 DHS . For more information about E-Vcnry visit the E-Venf~ website (https:/f" w e-verify.govf) or email E-Verify at E-Vcnfy@dhs.gov E-Verify employer agents can email E- Verity al E-VerifyEmployerAgent@dhs gov Questions about the meaning or scope of this condition should be directed to OJP. before award acceptance IO Requirement to report acrual or imminent breach of personally identifiable information (Pll) The rcc 1p1cnt (and any" ubrcc1p1cn1" at any lier) must hav~ wnncn pr ocedures tn place 10 respond an the: even! of an actual or ,mmmcnt "breach " (0MB M-17-12) 1f 11 (or a sub rcc1p1~n1 ) •• ( 1 l creates. collects. uses. processes. s1ori:s . 111aima1ns. d1sseminatc.S . dis loses. or disposes of "personally identifiable mforma11on (Pl!)" 12 CFR 200 791 with 11, the scope of an OJP g rant-funded pr ogram or acti1'1 . or(_) uses or operates a "Federal 1nforrna1ion S)'S tem " (0MB Circular A-130) T he rec,p1cnt 's breach proc.:durcs must 111clude a requircmcn1 to repon actual or hnmincnt breach of PII to an OJP Program tanager no later than 24 hours after an occurrence of an ac tual breach. or 1hc de1ec1,on of an imminent breach 11 All subawards I "subgrants") must have specific federal authorization The rec1p 1cn1 , and any subrec1p1cnt ("sllbgrantee") ·at any 11cr. mus1 comply \\1lh all apphca~lc requirements for authoriza11on of any s uba\\'ard This condit ,on applies 10 agreements that --for purposes of ederal grants administrati c requirements -OJP considers a "subaward" (and therefore does no1 consider a procurement "contract") The deta ils of the requirement for aulhonzallon or any subaward are posted on the OJP web s11c at https :ff oJp .gov/funding/Explore/SubawardAu1horiza1ion .htm (A ward condition: All sub aw ards ( "subgrants") must have speci fi c federal authon2a11on). and arc incorporated b • reference here 12 Specific post-award approval required to use a noncompelltive approach in any procurement contract that would exceed $250.000 T he recipient. and any subrccipicnt ("subgrantec"l at an tacr. must comply with all applicable requirements l0 obtain s pecific advance approv.al to use a noncompetitive approach in any procurement contract that would exceed the impllfied Acquisition Threshold (currently. S250.000). This condition applies 10 agrcemcnl5 lhat -for purposes of federal g.ra ms administrative requirements -OJP considers a procurement ''contract" (and therefore does not consider a subaward) The details of the requirement for advance approval 10 use a noncompcmivc approach 111 a procurement contract under an OJP award arc posted on the OJP web site aJ https ://ojp.go /fundmg/Exp lore o ncompetitiveProcurcmcnt htm (A ward co ndiuon pccific post-award appro al required 10 use a noncompetitive approach ma procurtment contract (1f contra c t wou ld exceed $250.000)), and art incorporated by reference here OJP FORM 4000/c tREV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U.S. Depanment of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NU!\,IBER c0J9-DJ-BX-043c AWARD CONTINVATION SHEET Grant AWARD DATE 09/181]01 Q SPECl.-il CO\"DJTIO:\'S 13 Unreasonable restrictions on competition under the award: association with federal government P~GE 7 OF 30 COP . This cond111on applies with respect 10 an~ procurement of property or services that is funded (111 , hole or in part) by LhlS award . whether by the rcc1p1en1 or by any subrcc1p1ent at any uer . and regardless of the dollar amount of the purchase or acquisition. the method of procurement , or 1he nature of an) legal instrument used . The prov1s1ons of this condition mus t be among those included 111 any subaward (at any tier) I No discrimination, in procurement transactions. against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -including as sci out at 2 C F R 200.300 (requiring awards to be "manage[d) and administer[ ed] in a manner so as 10 ensure that Federal fund mg 1s expended and associated programs are implemented in full accordance wuh U statuto . and publ ic pohc requirements") and 200.319(a) (general~• rcqumng "[a]II procurement 1ransac11ons [101 be conducted 1n a manner providing full and opc11 competi11on '' and forbidding practices "rcs1racuve of competition." such as "[p )lacing unreasonable requirements on firms in order for them lO qualify to do business" and taking "la]ny arbllrary action in the procurement process")-no rccip1c:nl (or subrcc1p1enL at an ucr) ma. (man procurement transacuon ) d1scnmmate against a11y person o r entil) on the basis of such person or cn111y·s status as an "assnc1a1e o f th e ti:deral go crnmcnt" (or on the basis of s uch person or cmuy's slat.us as a parent. affrila1c . or s ubs1d11lr) of such an associate). c>:cept as c>:prcssl)-set out ,n 2 CF R 200 3 I 9(a) or as pec,licall) authorized b) U DO.I 2 Monitoring The recipient's monitoring responsibilities include monitoring ol subrec1pien1 compliance with this condition 3 A 11 ow able 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 T he term "assoc iate o f the federal government " means any person orcn1i1y engaged or employed (m the past or al present) by or on behalf of the federal government -as an employee, contractor or ubcontract<>r lat any uer). grant rec1p1en1 or -subrcc1p1en1 (a t any tier ). agent . or otherwis e -m undenakang any work. proJC Ct. or aC1Jv i1y for or on behalf of (or in pro iding goods or services 10 or on behalf of) the federal government. and includes any apphcant for such emplo mcnt or engagement. and any person or entity commined by legal 1nru-umen1 to undcnakc any such work, project. or ac1iv1ry tor 10 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 lier, or any person or other cnuty, to violate any federal law . including any applicable cl\•11 rights or nondiscriminauon law. OJP FORM 4000/~ (REV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT Nt:I\IBER 20 I 9-DJ-BX-043'.! A WARD CONTINUATION SHEET Grant AWARDD,HE 09/18/2019 SPEC UL CO :\D/Tl0.\'5 P~GE 8 OF 30 14 Requirements pertaining to prohibited conduct related to lraftickmg in persons ( including reporting requirements and OJP authorit}· to terminate award) The recipient. and an_ subrec1p 1cn t r"s ubgrantee ") at an , tier , mus t comp! with all applicable requirements (i nc luding requirements to repon allcgauons) pcrtammg to proh1b1 tcd conduct related 10 the 1ranickmg or persons. whe ther on the pan of rcc1p 1ems , subrecipicnts ("subgrantccs"), or 111d1v1duals defined !for purposes of 1h1s cond111on) as "employees " or the rcc1picn1 or of any s ubrcc1p 1cnt The details o !' the recipient 's obliga11ons related to prohibited conduct related 10 traOickmg in persons arc pos ted on the OJP web snc at hnps .floJp.gov /funding/Explorc/Proh1bitedConduct-Trafficl-tng .htm tAward condition : Prohibned conduct by recipients and subrccip1cn1s related 10 trafficking in persons li ncluding rcponing requirements and OJP authority to terminate award )). and arc incorpomi:d by reference here 15 Determination of suitability to imeract with participating minors . COPE. This condition applies 10 this award if 11 1s indicated -1n the apphcauon for the award {as approved by DOJ)(or m the appl1cat1on for an subaward . at an tier). the DOJ fundm!!. announcement tsohc11a11on). or an associated federal statute -that a purpose or some· or afl of the activities to be earned out under l11e award (whether by the recipienL or a subrecipient al any Lier) is to benefit a set of individuals under 18 years of age The recipient. and any ubrecipient al any tier. must make determinations of suitability before certain individuals may interact with participat ing mmors. This requirement applies regardless of an individual 's employment status The details of this requi rement arc pom:d on 1hc OJP web site at https ://oJp.gov/fundmg/Explore/lnteract-Minors.htm ( ward condi uon . Detcrmina1ion ofsunabili1_ required . in advance. for cenain individual s who may interact with partici pating minor l. and arc incorpora ted b • reference here 16 Compliance with applicable rules regarding approval. planning. and reporting of conferences . meetings . trainings. and other events The rec1p1cn1 . and an subrecip1tnt ( "subgrantd:" I at any ucr . must comply wnh all 11pphcablc laws . rcgulallons. policies. and oflic1aJ DOJ gu idance (including specific cost limits . prior approval and reporting rcqu1rcmcn1s , where app licable) governing the use of federal fu nds for expenses related 10 conferences (as that term 1s defined by DOJ ). including the provision of food and/or beverages a1 such conferences. and costs of ancndance at such confere nces Info rmatio n on the pcninent DOJ defini11on of conferences and the rules applicable 10 tlllS award appears in the DOJ Grants Financial Guide (currently . as section 3 IO of"Postaward Requirements" in the "DOJ Grants Financial Guide") 17 Requirement for data on performance and effectiveness under the award The rec1prc n1 mus t co llec t and ma in tain data that measure the pc rfom1ancc and ~ffcotivcncss of work under lh 1s award . The data mus t be provided 10 OJP in the manner t including wnhin the llmtframes ) specified by OJP in th~ program so li ci ta1ion or other applicable written guidance Data collcc11on supports compliance with the Go crn mcn 1 Performance and Results Act (GPRA I and the GPRA Modem1za.1.1on Act o 20 I 0. and other appl icable laws . 18 OJP Training Guiding Principles Any training or training ma terials that the recipient --or any subrecipien l ("subgran1ee") at any lier --develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Gran tees and Subgrantees. available at https://ojp gov/funding/1mplement/TrainingPrinc1plesForGrame -Subgrilntccs hun . OJP FORM 4000/c tREV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U S. Depanment of Justice Otrice of Justice Programs Bureau of Justice Assistance PROJECT !'<CMBER 2019-DJ-BX-0432 AWARD CONTINUATION SHEET Grant AWARD DATE 0011 s:20 1 o SPECIAL C'O .\'DlTJOSS 19 Effect of failure to address audit issues PAGE o OF 30 The rcc1p1em unders1.and s and agrees that the DOJ awarding agenc) 1OJP or OVW . as app ro pr ia te ) ma) withhold award funds . or ma y impo e other related requ irements , if ras determined by the DOJ awarding agency ) the recipient docs not sati factonly and promptly address ou ts tandin g issues from aud11s required by the Par1 200 Un iform Requirements (or b. the terms of thi s award ), or other outstanding 1.~sucs that arise in connecuon wuh audits. in estlgations. or rC\1iews ofDOJ awards . 20 Potential imposition of additional requirements The recipient agrees to comply with an add111onal rcqu1rerncnts that may be imp ose d by the DOJ awarding agen cy (OJP or OVW . as appropriate) during th~ per iod of paforman cc for this award. if th e recipient 1s designa te d as "h1g h- risk" for purposes of the DOJ h1gh-nsk grantee list 21 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C F R Part 42 The re c 1p1 cnt. and any subrecip 1em ( "subgrantee") at any tier. must comply with all applicable requirements of 28 CF R. Part 42. specifically including any applicable requirements in Subpart E of28 CF.R Part 42 th at relate to an equal employment opportunity program 22 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 CF R Part 54 The rec1p 1en1. and any sub rccipient ("subgrantee") at any tier. must comply with all applicable requirements of 28 C.F R. Pan 54. which relates to nondiscriminauon on the basis of sex in certain "education programs ." Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C F R Part 38 The re ci pient. and an) subrcc1p1ent ("subgrantee") at any tie r. mu t comply with all applicable requirement s of 28 CF R. Part 38 (as ma y be applicable fr om time to ume). specifically includin g any applicab le rcqu1rcmcn1S regarding written notice to program beneficiaries and prospect ive program beneficiaries Current ly. among other things. 28 CF R. Pan 3 8 includes rules that proh ibn specific forms of disc rimina11on on the basi s of religion . a religious b«:lief. a refusal to hold a rel igious belief. or refusa l lO att end or pamc1patc in a religi ous practi.:e Pan 38. currently. also set s out rules and requirements that perta in to recipient and subrcc1p1cnt ( "s ubgrantce '' J organizauo ns that engage in or conduct exp! ic11ly rel igious aqivnies. as well as rules and requirements that pertain to rcc1p1ems and sub recipicnl:S that arc rai th-based or religious organ1zat1ons The text of28 C.F.R . Pan 38 is available via the Electronic Code of Federal Regulations (cu rrent ly acces si ble at https ://www.ecfr .gov /cg1-bin /ECFR?page=browse). by browsing to Title 28 -Jud ic ial Administration . Chap1cr I. Part 38. under e-CFR "current" data OJP FORM 4000/2 (REV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 lJ S Department of Justice Office of Justice Programs @ . . Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DJ -BX-D<132 AWARD DATE 09/18/20 I q SPECl.-iL CO .\DITJO\S 24 Restrictions on "lobbying" P~GE ID OF 30 ln ge neral . as a matter of federal law. federal fu nds awarded by OJP may no1 be used b~ the recipient or any subrecrpieni ("s ubgrantce") al any 11c r. either d1rcc1I • or ind1rectl _. to s uppon or oppose the enactment. repeal. modilicauon . o r adoption of any la,~. regulauon . or poilc~. at an y !eve.I ofgo emmcnt . Sec 18 C . 1913 (There may be exceptions 1f an applicable federal s1a1u1c speciftcally authorizes ccna.1n act1v11te that 01hcrw1sc would be barred b~ law ) Another lcderal law generall prohibns fed~ral funds a warded by OJP from being used by the rec1p11:n1 . or any subrcciprent at any tie r, to pay any person 10 rnflucncc Cor anempl 10 influence) a federal agc n ~. a Member of Con¥ress. or Congress (or an official or employee of an~ of them) wrth res peel to the awarding of a federal grant or coopera11 ,,c agreement subgran1. coniracL subcon1ra c1. or loan. or wi1h res.pee l to acuons such as renewing. extendi ng, o r mod ify ing any such a,\ard Sec 31 U. C 1352. Certain cxccp11ons to this la" apply. 1ndud111g an exception 1ha1 applies to Indian tribes and mbal organi2a11ons Should any question arise as to whether a particular use of federal funds by a recipient (or subrcc1pient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance. and may not proceed wi1hout the express prior wrinen approval of OJP, 25 Comp I 1ance with general appropriations-law restrictions on the use of federal funds I FY 20 I 9) The recipient. and any subrcc1pie111 ("subgrantee") at any tier. must comply with all applicable restrictions on the use of federal funds sel out in federal appropriations statutes. Pertinent restrictions. including fr o m various "general provisions" in the Consolidated Appropriations Act. 2019. arc et out al https.//ojp.gov/fundmg/Explore/FY 19Approprration Res1rictions .htm. and are incorporated by reference here Should a question anse as to whether a panicular use of federal funds by a recipient (or a ;ubrecipient) would or might fall wi thin the scope of an approprratrons-law resmc\1on. 1he recipient is to contact OJP o r g uidanc e. and may not proceed without the ci.:press prior wnnen approval ofOJP 26 Reportin g potential fraud. waste, and abuse. and similar misconduct The recipient and any subrecipicnts f"subg rantees") mus1 prompll~ refer 10 the DOJ Office: of the Inspector General (01G) BTI)' credible evidence that a pnncrpal, employee . agcn subrec1p1c nt, contractor. subcontractor, or other person has, in connection with funds under this award --( 1) submiued a claim that v1ola1cs the False Cl arms Act; or (2) commined a criminal or civil violation of laws pertaining to fra ud. confltct of in terest bribery. gra1u 11). or s1m1lar misconduct Potcnual fraud . was1e . abuse. or misconduct involv111g or rclaung to fu nds under this award should be rcponed to 1hc OIG by-( I) onlrne submission accessible via the O JG webpage at hnps:/10 1g.Jus1ice govlh01linc/con1ac1-grams hun tsclcct "Submit Report Online .. ); {2) marl drrectcd to Office of the lnspec1or General. U.S. Depanmcnt of Justice . lnvcst igat1ons Division . 142.; c:w York Avenue .. W Surlc 7100 . Washington. DC 20·30_ and/or (3) b facs 1m1lc directed to the DOJ O IG Fraud Detection Office (Ahn Grantee Reporting) al {202) 616-9881 (fa.'() Additional information is available from the DOJ OIG website al hnps ://oig.justice.gov /hotline OJP FORM 400012 (REV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U S. Department cif Justice Ottice of Justice Programs Bureau of Justice Assistance PROJECT NC M BER 201 Q-DJ-BX-0432 AWARD CONTINUATION SHEET Grant AWARD DATE 09/18/20 I g SPEC'l..JL CO'\'DIT/0\S 27 Restrictions and certifications regarding non-disclosure agreements and related matters P~GEIIOF30 ·o recipicn1 or subrcc1p1cn1 J"subgrantee ") under 1h1 award . or enti ty that rccel\•c.s a procurement co ntract or s ubcontract with any funds unde r this award . may require any employee or contractor 10 sign an internal confidentiality agreement or sta tem ent that proh,bns or otherwise res tr icts , or purports 10 proh1b11 or rcstnCL the reporting (in acco rdance wnh law ) ofwas1e . fraud . or abuse to an invcs11gath•e or la" enforcement reprcsen1am'c ofa federal department or agency authorized to receive such information The foregoing is not mtcndccl and shall no, be understood by the agenc~ makrng 1h1s award. 10 contravene requirements applicable to Standard Form 3 12 (which relates to classified rnforma11on ). Form 4414 (which relates to sen 11ive compartmcmed information). or an) other form issued by a federnl department .or agency governrng the nondisclosure of classified information In accepting this award. the recipient-- a. represents that it neither requires nor has required internal confidentiality agrccment.s or statements from employees or contractors that currently prohibit or otherwise currently restrict (Or purport to prohibit or restrict) emplo. cc or contracLors from reporting waste. fraud. or abuse as described above : and b ccmlies tha t, ,r It learns or 1s no11fied that u ,s or has been rcqumng ,ts employees or contractors to execute agreements or 1a1emcn1s that proh1bll or oth erwise res1rrct tor pu,pon 10 proh1bll or restrict), reponmg or waste . fraud. or abuse as dcscnbed above . 11 will 1mmcdia1cl~ stop any fun hc robligat1 on · of award funds . wrll provide prompt wrinen no 11ficauon 10 the federal agenc~ makrn g thi award. and wrll resume (or pcrmrt resumptron of) uch obligations only if expressly authorized to do so by that agency 2 lfthe recipient does or rs authorized under th,s award lo make subawards ("subgrants"). procurement contracts. or both-- a it represenls that-- ( I) 11 has determined that no other entlt)' that the rcc1picn1 ' app1Jca11on proposes may or will receive award funds (whether through a subaward ("subgrant"l. procurement contract. or subcon tra ct under a procuremen1 contract) either requires or has required in ternal contidcn11al1 agreements or s1atements from employees or contractors that currently proh1b1t or otherwise c urreml~ re:smct tor purport to prohibit or res 1nct J employees or contractors from rcponrng waste. fraud. or abuse as de scribed above : and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation: and b il ce rt1frc s thaL if it learns or is notified that an)' subrecip1cnt , contractor. or subcon tra ctor cnlit that recc rves ru nd s under this award 1s or has been requiring it employees or contractors to execute agreements or sta tement s that prohibn or othc.rw1sc restrict tor purport 10 prohibit or restrict). reporting of waste . fraud , or abuse as described above. It will ,mmediatel stop any further obligallons of award funds to or by that entity . will provide prompt wrmcn notifrcauon to the federal age nc y mak ing this award. and will resume tor permit rcsumptron of) such obltg.a1ions on ly if express I authorized to do so by that agency OJP FORM 4000/c (REV a!-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U S. Department of Justice Otlice of Justice Programs Bureau of Justice Assistance PROJECT '/UMBER c0IQ-DJ-BX-0432 AWARD CONTI NU ATION SHE ET Grant AWARD DATE 09/18120 I q SPECIAL CO\DIT/0.\S 28 Compliance with 41 USC 4712 (including prohibitions on reprisal. notice to employees) P~GE 12 OF 30 The (ccip1cn1 (a nd any subrcc1p1en1 at any 11er) must comply wuh . and I subJCCt 10 . all applicable prov1 ions of 41 U SC 4 7 I 2. including all applicable prov1S1orts tha1 proh1bn . under s pe cified c1rcums1ances . discnmmauon aga inst an cmplo cc as reprisal for the emplovec's disclo s ure of information rela1ed 10 gross m1s managem crn of a lcdcral granl a gross waste of federal funds , an abuse of au1hori1y rcla11ng 10 a federal gran t. a subs1an11al and specific danger 10 public health or safety. or a violauon or law, rule . or rcgula11on relmed 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 4 712. Should, question arise as to the applicabili1y of the pro,•isions of41 USC 4712 to this award, the recipient is to con 1ac1 the DOJ awarding agency (OJP or OV . as appropriate) for guidance 29 Encouragement of policies to ban text messaging while driv ing Pursuan1 10 Execullvc Order 1 '513 . "Federal Leadership on Reducing Tex t Mes. aging While Driving ." 7-1 Fed. Reg 51125 (Octo ber I. 20091 . DOJ encourages rcc1p1cn1 and subrcc1picn1s ("s uhgran1ccs") to adopt and enfor ce policies banning em pl oyees from text me ssaging while driving any vch1ck during the course of performing work fund ed by this award . and IO ·estabhsh workplace safety polic ies and co nducl cducauon _ awarcn.:ss . and other outrcach to decrease crashes caused by distracted drivers . 30 Requirement to disclose whether recipient 1s des ignated "high risk" by a federal grant-making agency outside of DOJ If the rec1p1cn11 de s ignated "high risk" b~ a federal gram-making agen cy outs1dt ofDOJ. current ly or at any urnc during the course of the period of performance under thts award . 1he rec1p1cn1 mus1 disclose tha1 act and certain relat.:d informauon 10,OJP by email al OJP ComplianccRcponmg@oJ p.usdoJ.gov For purposes of this disclosure , high ri sk includes any status under which a federal awarding agenc _ pr ovides addiuonal ovcrs1gh1 du, to 1hc rcc.1p1en1 's past performance . or other programmauc or financial concerns with the r~c1p1ent The rccipicnl's disclosure must include the following : I. The federal awarding agcn c~ that currently designates the rcc1p1ent high risk . 2 The date 1he rcc1p1cn1 was dc:signa·ted high risk . 3 The high-risk po int of contact al that federal awarding agency (name . ph one number. and email address ). and 4 The reasons for the high-risk s1aius . as set out by the federal awarding agency OJP FORM 4000/c !REV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U S Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT \'C!\IBER 20 I Q-DJ-BX-0432 AWARD CO NTINl,ATION SHEET Grant AWARD DATE 09/1 8."20 IQ SPECl.-il CO,\'DIT/0.\S P~GE 13 OF 30 31 Noninterference (within the funded "program or activity") with federal law enforcement 8 USC 1373 and 1644. ongoing compliance I With respect to the "program or activny" funded in whole or pan under 1t11s award pnc luding any such program or activi of any subrecipient at as,y lier). throughout the period of performance . no tau: or local government entity . - agency , or -orfk,al may proh1b 11 or in any wa} rcstnc1-( I) any government cntn or -official from sendiilg or recei Ing information regarding c1u2cnsh1p or 1mm1grat1on status as described 111 8 U SC. 13 73(a). or (2) a government cnwy or -agcnC)' from se ndin g, requesting or receiving . mam1ammg . or exchanging informa tion regarding 1mm1gration status as descr ibed in either 8 C l373 (b) or 1644 n_ prohihnion (or resmc11on ) that violates this condition 1s an "i nfo rmauon-commumca11on rc.s1tic11on" under this award 2 The recipient's monitering responsibilities include monitoring ofsubrecipient compliance with the requirements of this condition 3 llowabk costs Compltance with these requirements I an authonzed and priorny purpose of this award To the e:\'.tent that such costs arc not reimbursed under any other federal program . awatd funds may be obligated or the reasonable. necessary . and allocable: costs (1f any) that the rcc1p1cm . or an . subrec1piem at any 11cr that ,s a State. a local government. or a publtc ins111u11on of higher cduca11on . incurs 10 1mplcmc ru 1h1s cond111on 4 Rules of Construction A For purposes of this condition (I) "State" and "local government" include any agency or other entity thereof. but not anv institution of higher education or any Indian tribe . (2) A "public" ms1itut1on of higher educa11on is defined as one that ,s owned . controlled. or direct!~ funded (in whole or in subs1anti ,al part) by a State or local go cmmen1. (Such a public insutuuon 1s considered to be a "go"ernment entitv." and 11s oflicials to be "government oniclals ") (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) "lmmigra111,,n status" means what it means under& U.S C. 1373 and 8 U S .C 1644 : and terms that are dcl,ned in 8 U.S.C . 1101 mean what they mean under that section 110 I. except that "S tate" also includes American Samoa (")Pursuant to the provisions set out at for referenced in) 8 US.C. 1551 note ("Abolition . and Translcr of Functions"), references to the "lmm1gra11on and Naturalization Service" in 8 U.S .C. 1373 and 1644 arc to be read as references to panicular componentS o f the Dcpanmcnt of Homeland Security (OHS) B. Nothing in this condi1ton shall be understood to authorize or require any recipient. any subrecip1ent at any lier, any State or local government, any publ ic institution of higher education, or any other entity (or individual) to violate any federal law . including an)' applicable civil rights or nondiscrimination law IMPORT ANT NOTE Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance OJP FORM 4000/c (REV 4-88) FY19 JAG Subgrant Awa r d Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U S Department of Justice Otlice of Justice Programs Bureau of Justice Assistance PROJECT N\..:11,IBER 2019-0J-BX-0432 AWARD CONTINUATION SHEET Grant 09/18 '20!9 SP£C/4L CO:\'DIT/0.\'S P~GE 14 OF 30 32 No use of funds to interfere with federal law enforcement: 8 USC 1373 and 1644 : ongoing compliance I Throughout the period of performance . no talc or local government cnllt)._ -agency, or -official ma) use runds under th1 award ( including under an _ ubaward _ ut any tier) to prohibit or in any way rcs1nc1-r 1 l an y govemmeru enrn I or -ot'lic,al from scndmg or rcc1:1ving informauon regard ing c111zcnship or immigration status as described in 8 U. C l373(aJ. or (1 } a government e.n1,ry or -agenc~ from sending . rcquc sung or recc,vmg . rnamta im ng , or exchanging inrormation regarding 1mm1gration status as described in either 8 U .. C I 373{b) or l6ti4 Any proh1b11 1on (or restncuon1 that violates this condition is an "informa11on-commun1cation restriction " under this award 2 The recipient's monitoring responsibilities include monitoring ofsubrecipient comp!Jance with the requirements of this condition 3 Allowable costS. Compliance \\Uh these rcqu,rcmems ,s an authorized and priorit y purpose of 1his award To the c,acnt that such costs arc not reimbursed under an y other federal program . award funds may be obligated for the reasonable. nccessa~. and allocable costs 1,f any) that the recipient. or an , subrcc1p1cnt a1 any tier that 1s a 1a1e.. a local go emmenL or a public ins1ttu1ion of higher cducauon . mcurs 10 rmplemcnt th, cond111on 4 Rules ofCons1ruc11on Bo1h the "Rules of Construction" and tht "Important Note " set out in the "N oninterference 1w11hm the funded "program or act ivity ") with cdcral la,, enfo rce ment : 8 USC 1373 and 164 4. ongoing compliance" cond,uon arc in corporated b~ reference !IS th ough set fo rth here in full OJP FORM 4000C (REV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U S Department of Jusrice OHice of Justice Programs Bureau of Justice Assistance PROJECT NU'vlBER 2019-DJ-BX-Q,i32 A WARD CONTINllATION SHEET Grant AWARD DATE 09/18120 I 9 SPECI . .JL ('O\D!T/0.\S P~GE 15 OF 30 33 , Authorit~ 10 obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement 8 U.S C 1373 and 1644, unallowable cos1s: notification 1 lfthe recipient is a "Stale," a local governmenl. or a "publ ic" inslitution of higher education A. The rcc 1p icnt may not obligate award funds ,f, at the 11me of the obligauon. the "program or activity" of the recipient (or of any ubrcc1pient at an~ tier that is a State_ a local go ernmtnL or a public institution of higher education) that is funded 1n whole or in pan wi1h ~ward f-unds 1s subject to any "111forma11on-communica1ion rcstnction." B In addition . wtth respect 10 any proJcct costs 11 incurs "at nsk." the rec1picn 1 ma~ not obligate award funds 10 reimburse use If 1f--at the t,mc 11 in urs uch costs -the program or acll\!lt 'of the rec1p1ent (or of an~ s ubrecipient at any tier 1hat 1s a talc _ a local govcrnmcnL or a publi c msti1u11on of higher education) tha1 would be reimbursed in whole or 111 part wtth award funds was subJCCl to i!J'ly mfom1ation-communicat1on restriction C An~ drawdown of award funds by the rec 1p1cnl shall be considere d. for all purpose . 10 be a material rcprescnlat1on by the recipient to OJ P that . as of the date tl1c recipient requests the drawdown . the rec 1p1en1 and each subrec1p1cnt (regardless ofucr) that is a ta te . local government, or public msrnuuon of higher cduca11on . is m comphance with the R\\ard condition entitled "Nonmterfcrcncc 1w11hm the funded 'program or ac11v ity') with federal la" enforcement: 8 U.S C 1373 and 1644 : ongoing compliance" D The rccipi cn1 mu~t prompt!~ nottty OJP t in wnung} ,fthc rcci11en l. rom 11 rcquis 11c mon11onng of compliance with award cond111ons or otherwise. has credible c 1dcncc that md1ca1cs tha1 the funded program o r acti\'1ty of lht recipient . or of an~ subrec1p1en1 at an) tie r that 1s cnher a La te or a local g overn ment or a public msLitut,on of higher education. ma~• be subject to any mformauon-commun 1cat1on rcstri c11 on In addition. any s ubaward lat an . ucr) to a subrc c1p 1cnt that ts a ta te. a lo cal go crnmcnt or a public institution of higher education must requ ire prompl not1ficauon to the Cnlll) tha1 made the subaward. should the subrecip1ent have such credibk evidence regarding an information-communication restriction 2. Any 5ubaward (at an y 11er) to a s ubrc 1p1cr11 tha1 is a Stale. n local government. or a public insutu11on of higher educat ion mus1 provide tha1 the ubrcc,picot ma y not obligate award fund s if. al the time of the o bligation. the program or activity of the subrec 1p 1en1 t o r of any further s11ch s u brcc1p1cn1 at any tier) thal is funded in whol e or in part wllh award funds is subject to any information-communication restriction 3 . Abscn1 an e press wrmcn determination b~ DOJ to 1he contrary. based upon a finding by DOJ of compelling circunmanccs (cg ., a small amount of award funds obl1ga1ed by the rccipienl at the t ime of a subrcc1p1en1 's minor and trans it o ry non-compliance. which was unknown to the recipient desp11e diligent monnonng). any obllgauons of award funds that, under this condition , ma_ not be made shall be unallowable cosLS for purposes of 1h is award In making an • such determination, DOJ will give great weight to evidence submi tt ed b the rec ipient th at demonstrates diligent monitoring ofsubrecipient compliance with the requirements set out in the ·• on intcrferencc .. 8 U-5.C 1373 and I 644; 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 US.C. 13 73 and 1644 ; ongoing compliance" condition B Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference . 8 USC 1373 and 1644: ongoing compliance" condition are incorporated by reference as though set forth here in full OJP FORM 4000 1: {REV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 @ . . . . . - U S Department of Justice Otlice of Justice Programs Bureau of Justice Assistance AWARD CONTIN ll ATIO N SHEET Grant P~GE 16 OF 30 PROJECT :'-'UMBER 20JQ-OJ-BX-0432 0911 s1:i.o, Q SPECl.-il CO .\D/T/0.\S 34 Authoru to obligate award funds contingent on no use of funds to interfere with federal law enforcement: 8 U S C I 3 73 and 1644: unallowable costs: notification I If the recipient is a "State," a local government. or a "public" institution of higher education: A. The rcc1p1cn1 may not ob i tgate award funds 1C at the 11me of the o bligation . the "program or ac1ivity" of the recipient (or of an~ subre ipienl at any lltr that 1s a State. a local go emmcnt, or a public ins titution of higher education) that is funded m whole or in par\ with award funds is subject to any "tnformauo n-c ommun1cauon restriction." B. In add11ion . with respect 10 any proJcct costs II mcurs "at risk." the rec1p1cn1 may not obligate award funds to rc 1mb u.rsc itself if--at the time II mcurs such costs-the pr ogram or act1v1r of the recipient (or of any sub rcctp1cnt at an)' tier that 1s a State . a local government. or a public insll!ution of higher cducauonJ that would be reimbursed in whole: or m pan\\ ith award runds was subJect to any 1nforma1ion-communication restriction C n~ drawdown of award funds by the recip1en1 shall be considered. for all purposes. 10 be a matcnal representation by the rc c1p11:nt \O O.!P that, as of the dale the rcc 1p1en1 requesls the dra,,down . the recipient and each sub rc c1picn1 1rcgardless ofuer) that 1s a State , local go cmmcnt , or pub lic 11\s11tut1on of higher cducauon. ism cQmpliance with the award conditio n cn111led ":-So use of funds 10 interfere wnh federal law enforcement 8 U • C 1373 and 1644 . ongomg comp I iance " D The recipient must promptly no11fy OJP t m \\Tiling) 1f the rcc1p1cm. from its requisite monnormg of compliance wn.h a.\vard cond11ions or otherwise . has cre dib le cv1dc11cc 1ha 1 indicates that the funded program or act1V11) of 1hc rec1p1cn1. or of any subrecipient at any tier tha t 1s either a Slate or a loca l government or a public inst1tut1on ofh1g.her educa tion . ma~ be subject 10 any 1nformat1on-communication restric tion In addiuon. an · s ubaward tat any tier) 10 a subrec1pien 1 that 1s a late . a local go cmmcnt. or a public institution of higher edu at ion must requJTe prompt noufication 10 the entity that made the subawa rd . sho uld the subrecipicnt have such cre dibl e evidence rega.rding an 1nformat1on-communication re striction 2. ny subaward (al any tier ) to a subrec1picnt 1hat 1s a Sta te . a local go ,•crnmcnt. or a public insutution ofh1ghcr educauon must provide that the subrecip1en1 may not obligate award funds ,r: at the 1,mc of the obligat1on . the program or actwny oftlie subrecipicnt (or of any funhcr such subrec1p1en1 at any tier) that is funded in whole or m part with award funds is subject to any information-communication restrictio n 3 Absent an ex press wnncn de1crmina11on by DOJ to tJ1c contra , based upon a finding b DOJ of compelling circ umstances {e .g .. a small am ount of award funds obligated b~• the rcc1p 1en1 a1 the time of a subrecipic nt 's minor and transitory non-compliance , which was unknown 10 the recipicn1 despite diligent mon11onng). any obligations of awa.rd funds that. under th is condition , ma not be made shall be una!lowable costs lbr pu.rposc:s of this award . In making any such de1crrninai io n, DO.I will give great weight 10 evidence submitted b)• the rccip1cn1 that demonstrates diligent moni toring ofsubrccipicnt compliance with the rcqu11cments set out in the " o use of funds to interfere 8 USC 1373 and 1644 ; ongo111g compliance " award conduion 4. Rules of Construction. The "Ru les 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 164 4; unallowable costs; notification" condition are incorporated by reference as though set forth here in full OJP FORM 40001: tREV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U S Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT '.':UMBER 2019-DJ-BX-0•13: AW ARD CONTINUATION SHEET Grant AWARD DATE 09/18'20l9 SPECIAL CO\'D/T/0:\S PAGE 17 OF 30 35 Noninterference (within the funded "program or activity") with lederal law enforcement No public disclosure of certain law enforcement sensitive information COP E. Th is condi tion applies with respect to the "program or activity" that is funded (in whole or in part) by the awartL as o the date the recip1cn1 accep ts thi s award _ and throughout the remainder of the period of performance. Its prov is ions mu st be among th ose incl uded in any subawa rd (at any tier) I Noninterference : No public disclosure of federal law enforcement information m order to conceal. harbor. or shield Consistent w~th the purposes and o bJCCt1\1cs of federal la\, c.nforcc.ment statutes and federal cnmmal )a\, (mcludmg 8 . C. 1324 and 18 S .C. chs. I , 49, 227). no public dis closure ma~ be made ofan~ federal la\\ enforcement 1nformatlcm in a direct or 111direct attempt 10 conceal. harbor, or hie Id fro m dc1ect1011 an y fugitive from j ustice under 18 U S.C. ch . 49, or any alien who has come 10. entered , or re mains m the Unued ta1cs in \'JOlation of8 .. C . ch 12 -- without regard 10 whether such disclosure would constitute (Or could for m a predicate fo r) a vio la uon of 18 SC. 1071 or 1071 or of8 USC 1324(a). 2 Monitoring The recipient's monitoring respons1bil ,ties include monitoring of subrecipient comp I 1ance with this condition 3 Allowable costs To the extent that such costs are not reimbursed under any other federal program , award funds may be obi igated 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-- I I) the term "alien" means what it means under section IO I of the Immigration and Nationality Act (see 8 USC 11 0l(al(3)L (2) the term "federal law enforcement infonnat1on " means la \ enforcement sensi 11vc mformiuion eommumca tcd or made avai lable , by the fede ral government , 10 a State or local go ,,crnmcnt cn111-y . -agency, or -official, through an y means. including. without limitation-\ I) through an , database . 12) m connection with any la\ enforcement panncrsh1p or -task -force, (3 ) 1n connectio n with any request for law enforccmtnt assistance or -cooperatton. or 14 ) through any dcconfl1c11on (or courtesy) no11ce of planned. imminent . commencing. co ntinuing. or impending federal law enforcement ac11v1ty : (3) the term "law enforcement sensitive information" means records or information comp iled for any law enforcement purpose: and (4) the term "public disclosure" means any commun1cat1on or release other than one--(a) within the recipient. or (b) to any subrec ipient (at any tier) that is a government entity B. Both the "Rules ofConstruCllon " and the ''Important 'o te" set out in the "Nonmtcrference (within the funded 'program or act i iry') with federal ln,1 enforcemen t 8 USC l 373 and I 644 and ongoing compliance" award cond it ion are incorpora1ed b. reference as though set fonh here in full OJP FORM 40001: IR EV 4-88 J FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 . U S Department of Justice Office of Justice Programs @ . . . Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT :'IL:MBER 201 Q.QJ-BX-04 3c .~W~RD DATE 09/18120 1Q SPECJAL COXD!TJO.,\S P~GE 18 OF 30 36 No use of funds to interfere with federa.l law enforcement: No public disclosure of certain law enforcement sens1t1ve information SCOPE This condition applies as of the date the recipient accepts this award_ and throughout the remainder of the period of perl"ormancc Its provisions must be among those included in any subaward {at any tier) I No use of funds to interfere: No public disclosure of federal law enforcement information in order to conceal, harbor . or shield Consistent wnn th e purposes a.nd obJCc 11ves of federal la " cnforccmi:nt statutes and federal criminal law (including 8 U S.C 1324 and I U,S C ch, I. 49 . 117). no funds under this award may be used 10 make any public disclosure of any federal law enforcemen t mformat1011 ,n a direct or md1rce1 a11empt to conceaL harbor . or shield from detection any fugitive from .1us11ct under 18 U S C h 49. or any alien who has come to . entered. or rcmarns ,n the Umtcd tates in vtolarion of 8 U C ch 12 -without regard 10 whether s uch disclosure would consu tut e (or could form a predicate for a,,,oJauon o flS U SC 1071orl072orof8 U SC l324(a) 2 Monitoring The recipient's monitoring respons1b1lities include monitoring of subrec1pient compliance with this condition 3 Allowable costs To !he extent that such costs are not reimbursed under any other federal program. award funds may be obligated for the reasonable. necessarv. and allocable costs (if any) of actions (e g _ train mg) designed to ensure comp I iance with this condition 4 Rules of construction The "Rules of Construction" set out m che "Noninterference (within the funded "program or activity") wrth tcdera.l law enforcement: No public disclosure of certain law enforcement sensicive mformation" award condition are incorporated by reference as though set forth here in full OJP FORM 4000/2 (REV 4-8 8) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 © . . . . U S Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT !\'UMBER 2019-DJ-BX-0432 AWARDD.-HE 09/18'}01 Q SPECI.JL CO.\DIT/0.\S P~GE IQ OF 30 37 Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE Th is condition applies with respect to the "program or activity" that is funded ( in whole or in part) by this award . as of !he date the rcc1 p1en1 accepts this award. and throughout the remainder of the period of performance for the award . II provision must be among those included m any subaward (at any tier) l Noninterference with statulory law enforcemenl access to correctional facilities Consonant With federa l law enforcemen t statutes and rcgula11ons -including SU S.C 1357(a). under which cc.rtam fede ral officers and employees "have power wnhout warrant 10 interrogate any alien or person believed 10 be an al,en as to his righ t to be or to remain III the nitcd States." and 8 C.F .R 287 5fa). und .er which that power ma) be exercised "an. , here in or outside the Unued States• -wnhm the funded program or acll\'11}'. no late or local govcmmcn1 enti ty, -agency. or -oflic1al may m1crfcre with the exercise of thal power 10 imcrroga tc ""nhout warrant" (by agents of 1he Um ted ra tes act in g under col01 of federal law) b! impeding access 10 an) S1att or local g emmcnt (Or govemmc111-contrac ted) correcuonal fac1ht) b)' such agen 1s for the purpose of"intcrroga t[mg] an) al11:n or person believed to be an alien as to his [or her] righl 10 be or to remain 1n the Un,1ed tatcs " 2 Monitoring The recipient's monitoring responsibihlies include monitoring ofsubrec1p1ent compliance with this condition 3 Allowable costs To the extent that such costs are not reimbursed under any other federal program. award funds mav be obligated for the reasonable, necessary. and allocable costs (1f anv) of actions (e g. train mg) designed to ensure compliance with this condition 4 Rules of construction A For purposes of this condition (I) The term "alien" means what it means under section I 01 of the Immigration and Nationality Act (!NA) (see 8 USC 110l(a)(3)). (2) The term "correctional facility" means what it means under the title l of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U S.C 1025l(a)(7J) (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 B0 1h 1he "Rules of Cons1ruc11on» and the "lmponant Note" set out in the "'Nonmt crtcrencc (within the funded 'program or ac1ivity') wnh federal law enforcement. 8 U.SC. 1373 and 1644 and ongoing comp liance" award cond111on are 1nco rpnra1ed by reference as 1hough el forth here in full OJP FORM 4000/: !REV 4-88J FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 @ . . . . U S Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT ;q;11,1B ER WJQ-DJ -B X-043: -~ WARD D . .\ TE 09 /18 /2 0 1Q SPECJ . .JL C'O.\'DJTJ O \S 38 No use of funds 10 interfere with federal law enforcement : Interrogation of certam aliens SCOPE. Thi s cond111on applies as of the date the recipient accepts th is 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). I No use of funds to interfere with statutory law enforcement access lo correctional facilities Consonant with federal law enforcement statutes and regulation s -including 8 C 1357(a). under which cenam tedc:ral o fficers and employees "have power without warrant 10 interrogate an) alien or person believed 10 be an alien as to his ri ght to be or to remain in the nltcd talcs ," and 8 C.F .R 287 ·1aJ. under which 1ha1 power ma)' be exermcd "anywhere 10 or outside the Un11ed tatcs " -· no State or local go emment cn111). -agenc y. or -official ma) u c funds under this award to interfere with the exercise of that power to mtcrroga1c "without warrant " (b. agents of the nited Srntcs ac ting under color of federal la\,) b~ impeding a cess 10 any tatc or local go\•crnmenl (or govcmmen1- comrac1ed ) corrcc11onal fac1ill) by such agents for the purpose o f"1n1crrogatl1ngj any alien or person believed to be an ahen as 10 hi s !or her] right 10 be or to remain m the nited States " 2 Mo111tonng The recipient's monitoring responsibilities include monitoring of subrec1pient compliance with this condition 3 Allowable costs To the extent that such coSIS are not reimbursed under an~ other federal program . award funds may be obligated for the reasonable. necessary . and allocable costs (1f any) of actions (e g. training) de !;1r_ned to en ure compliance with this condition 4 Rules of construction The "Rules of Construction " set out m the "Noninterference (within the funded "program or ae11vi1y") with federal law enforcement lnterrogalion of certain aliens" award condition are incorporated by reference as though set forth here in full OJP FORM 4000/c (REV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U .S Depanment of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT \'L'I\IBER 20 I Q-DJ-BX-043 c AWARD CONTINUATION SHEET Grant AWARD DATE 0Q/18 l2QIQ SPECJ.~L CO\'D/T/0\'S P~GE cl OF 30 39 Noninterference (within the fonded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE T h is condition applies with respect to the "program or activity" that i (unded (in whole or in pan ) by the award, as of the date the recipient accepts the award. and throughout the remainder of the period of perfom1ance Its provisions must be among those included in any subaward at any tier I Noninterference with "removal" process : Notice of scheduled release date and time Consonant with federal law enforcement statutes --includine 8 U C 1231 I for an alien incarcerated bv a late or local government a 90-day "removal period" dunng which the federal government "shall" detain and th.en "shall" remove an alien from the U S "bee ins" no later than "the date: the alien Is released from confinement ". also. the federal go cm men I Is expressly awhonzcd 10 make pay men is 10 a "Stare or a poliucal su bdi ISi On of the State wnh respect 10 the mcarccrauon ol'fan) undocumented criminal alien"). 81.: C 1220 (the federal government ''s hall take mI0 cu Iody " ccnain criminal aliens "\\'hen 1hc alien Is released "). and 8 SC 1366 rrequInng an annual DOJ repon to Congress on "the number of illegal al ie n[ felons J in F cdc:ral and tate prisons " and programs undcrwa) "to ensure the prom pl rcmo al " from Lhe U S of remo1•ab le "cnmrnal alicns "'J -· ,,,thin the funded program or acuvny _ no State or local go,,crnmen t cn11~. -age ncy . or -0J'lic 1al 1mcludrng a go crnment-c on1racIed co rrcc11onal facil 1t_ l may interfere \\'llh the "removal " process by failing 10 provide -as early as prac11cable ts ec para 4 .C . below)·· advance 11011cc 10 OHS of the sche duled release date and 11mc for a pan1cular al ien _ 1fa ta lc or local government (or governmcnt- contracted) correctional facility receives from OHS a formal wr itten requ~s1 pursuant lo the I 'A that seeks such advance notice 2 Monitoring The recipient's monitormg responsibilities include monitoring ofsubrecipienl compliance with this condillon 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 (1fany) of actions (e .g. training) designed to ensure compliance with this condition . 4 Rules of construction A T he "Rules ofCons1ruc11on" set out in the "Noninterference (within the funded "program or activ1~•") with federal law enforcement: Interrogation of certain aliens" ;iward condit ion are incorporated by reference as though set forth here in full B othing rn this cond111on shall be: understood to autbonze or require any recipient, any subrecipient at an uer. any State or local government. or an. other ent ity or individual to maintain (or detain) any ind1v1dual in custod_ beyond the dat e and 1imc the individual 01h c rw1sc would have been released C Applicability 11) C urren t OHS prncllce is ordmaril_ to request advance no lice ol' s cheduled release "as early as pracucable (al least 48 hours. if possible)." (See DHS Form l-247A (3/17)), lf(e.g . in light of 1hc date OHS made such request) the scheduled re lease date and time for an nlien arc such as not to allow or the advance not ice that DI-IS has req uested. it shall NOT be a violation of this condition to provide only as much advance notice as practicable 12) Current DHS practice is to use the same form for a second, distinct purpose --to request that an ind1111dual be detained for up to 48 hours AFTER the scheduled re lease . Th is condition does NOT encompass such DH requests for detention OJP FOR:'vl 40001" (REV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 . U S Depanment of Justice Office of Justice Programs @ . Bureau of Justice Assistance AWARD CONTINUATION SHEET . Grant PROJECT !\!\;\!BER 201 Q-DJ-BX-0432 0~/18/201Q SPECI.-IL CO\DIT/0.\S 40 No use of funds to interfere with federal law enforcement: Notice of scheduled release P~GE OF 30 SCOPE T h is condition appl ies as or the date the re ci p ient accepts the award , and throughout the remainder of the ptnod of performance':. lts pt0 \'1s1ons must be among those included in any subaward at an y tier. I No use of funds to interfere with "removal" process : Notice of scheduled release date and time Consonan t with federal law enforcemen t statutes -mcludme 8 U S C 1231 ( for an alien mcarccrntcd bv a S tate or local go emmcnL a 90-day "removal period " during whicl1 the federa l gcwcmmcnt "shall" detain and th.e n " hall " remove an al icn from the U S. "begins" no later than "the date the ali e n is released from co nfinement": also . the federal government 1s expressly aut honzed to make payments to a" tatc or a pol i11cal su bd1vis1on of the tale wnh res pect 10 the mca1ecrat1on or1an] undocumented cnmmal alien"). 8 C. 1226 phe federa l govcmmcn1 "shall take into custody '' ccnain criminal al ien "when the alien ts released "): and 8 U. C 1366 (requinng an annual OOJ report to Congress on "the number of illegal alien[ felons) 1n Federal and Late prisons" and programs underway "to ensure the prompt remova l" fr o m the S of removable "criminal al1t:ns") -no ta lc or local government cntlf). -agency, o r - o fficial (including a government -contracted corrccuonal fa ci luyl may use funds under this award to interfere with the ''removal" process b , tailmg lo prov ide --as earl • as prac11cablc { cc para 4 ,C below) --ad vance notice to DH of the scheduled release date and lime for a panicul ar alien. if a talc or loca.l go cmment tor governmen t-on1ractcd) correc1ional facility receives from OHS a formal written request pursuant 10 the I I that seeks such ad \•ance no11ce 2 Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance v.1th thts condition 3 Allowable costs To the extent that such costs are not reimbursed under anv other federal program . award funds may be obligated for the reasonable. necessary. and allocable costs ( 1f any) of actions (e g. training) designed to ensure comp! iance with this condition. 4 Rules of construction The "Ru/c:s of Construction" set out in the "Noninterlerencc (within the funded "prog ram or activity") with federal law enforcement: oticl' of scheduled release" award condn1on are incorporated by reference as though set forth here in full. 41 Requirement to collect certain information from subrecipients Exc.:pt as provided m 1h 1s condition. the recipient may not make a subaward to a State, a local government or a "p ublic" instit ut io n o f h igher educauon. unless 11 first obtains from the proposed $ubrccip1c.n1 responses to the ques tio ns 1denti 1ed m the program solicitation as ''1 nformauon regnrdmg_ Commun1ca11on with the Department of Homeland Secum (OHS ) and/or Immigratio n and Customs Enfo rcement (ICE)." All subrcc 1pient responses must be collected and mai nt a ined b the recipient. consis tent with document reurnuon requirements. and mus t be made available 10 DOJ upon request. Rcsponsts to these questions arc not requ ired from s u brcc1picnts that arc either a tribal go vcmmcnt/orgamzauon. a nonprofit organization . o r a private institution of higher education OJP FORM 4000/c tREV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 US Depar1ment of Justice Otfice of Justice Programs © ' Bureau of Justice Assistance AWARD CONTINllATION SHEET . . . PROJECT NuMBER 2019-DJ-BX-043:! 42 Cooperating with OJP Monitoring Grant .~WARD DATE 09/18120 I 9 SPECIAL COXD!T!O\'S P~GE 23 OF 30 The rcc1p1cm agrees to cooperate with O.IP monrtoring, ofth,s award pursuant to OJP's guideline . protocol s. and procedures . and 10 cooperate with OJP (including the grant manager for th is award and the Office ofCh1efFma11c ia! Oflicer (OCFO)) request re late d to such monitoring. including rcquesis related to desk reviews and/or s11c 1s11.S. The recipient agrees to provide to OJP all documentation necessary for OJP to comple te Its monnonng tasks . including documentation related to any ubawards made under th is award Further, the recipient agrees to abide b) reasonable deadlines set by OJP for providing the requested documents Fa!lure to cooperate with OJP 's mon ito ring acti 1ltes may result in actions that ·af'fect the recipient's DOJ awards. includmg . but no1 lim11ed 10 wnhholdings and/or other restrictions on the recipient 's access Lo award funds: referral to the DOJ OIG for aud it review . dc.s igna11on of the recipient as a DOJ High Risk gran 1ee : or termination of an award(s) 43 FF AT A reporting : Subawards and executive compensation Th~ rcc1p1cn1 must comply w1th applicable rcquircmcntS to rcpor1 lirst-ucr subawards l "su bg_rants ") of $2' .000 or more and. in cenain c1rcumstanccs . to rc:pon the names and total co mpen sat1 on o f the five mos 1 h1ghl . compensated execu tives of the rc c,picnt and first-tic1 subrccipic111s (firs1-ucr "s ubgrantecs "l of award funds The details ofrec1p1cnt obligauons. which derive from the F cdcral Funding Accountability and T ransparenc y Act of2006 tFFA T.<\ ). arc posted on the OJP web s1tc at Imps II 0Jll gov /fundmg/ExplorclFFAT .htm (A ward co nd i11on Reporting Subawards and E:-,:ecut l\·c: Co 111pe nsat1on). and an: incorpo rated b~ reference here This condition . including 1t.s repor1ing requireme111. does not apply to--(I) an award of less than $'.!5.000. or C'.!J an award made to an individual who received the award as a natural person ( i e .. unrelated to any bus111ess or non-profit organization that he or she may own or operate in his or her name) 44 Required monitoring of subawards The re c 1p1cnt must monitor subawards under this 11ward in accordance wah all appl1cablc statutes . regulations . award condit ions. and Lhc DOJ Grams Financial Guide. 3l1d mus1 include the applicable cond111ons o fth 1s award 111 any subaward . Among other things , Lhc recipient is n:spons iblc for ove rsight ofsubrec1p1cn1 spending and monitoring of specific ou tcomes and benefits annbutable to use of awa rd funds by subrec1p1cnts The rec1p1cnt agrees 10 subm11. upon requc 1, documentation of its pol1c1cs and procedures fo r monitoring of subawards under this award 45 Use of program income Program income (as defined in the Pan 200 Uniform Requirements) must be used in accordance with the provisions of the Pan 200 Uniform Requirements . Program income earnings and expenditures both mus1 be reported on the quarterly Federal Financial Repor1. SF 425 . 46 Justice Information Sharing lnformauon sharing prOJCCt.s funded under this award mu t comply wirh DOJ's Global Justice Information Sharing ln1t1at1ve (Globnl) guidelines The recipient (and an , subrec1picn t at an tier) must co nform to the Global Standards Package lG PJ and all constituent element . where applicable , as described at : https .1 / 11.ojp ,gov / gsp_Jlrantcondiuon. Thi! recipient (and an subrec 1p1cnt at any ucrl must documcnt planned approaches to mforn,auon sharing and describe compliance with the GSP and appropria te pr vacy poliC) rhnt protects shared in fonpauon . or provide detailed j usu Ii cation for why an alternative approach 1s recommended OJP FORM 4000i ~ (REV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 © . . . . . U S Department of Justice Otfice of Justice Programs Bureau of Justice Assistance AW ARD CONTIN UATION SHEET Grant AWARD DATE 09/1 Si:>.OI q SPECJ..JL CO .\'DIT/0.YS 4 7 Avoidance of duplication of networks P~GE 24 OF 30 To avoid duplicating e.._istmg networks or IT ~ystem many 1n111a1ives funded bv BJA fOI' la" enforccmem mforma11on sharing systems which mvotvc 1nters1a1c connectiviry between jurisdictions . such systems shall employ. to the extent possible , e isling networks as the communication backbone 10 achieve interstate connecu 11 . , unless the recip ient can demonstrate 10 the sat1sfac11on of BJA tha t this requirement would not be cost effective or ,~ould impair 1he functionality of an existing or proposed JT system 48 Comp/ iance with 28 C F R Par1 23 Wnh re spect 10 an. mfomrnt1on technology s stem funded or supponcd by funds under this award . the rc.:1p1en1 (a nd an. sub rc,1p1em a1 an:, ti er) must comply w11h 2 C.F R. Pan 23 . Crnmnal In tell ig ence S 1stcms Opcraung Pohc,es. 1f OJP dc1crmmcs this regulation to be app li cab le Should OJP determine 28 CF R. Part 2J 10 be appl icable . OJP mny. at IL~ discretion. perform audns of th e system . as per the rcgula11on Should an y v1ola11on of2S C.F R Pan 23 occur . the recip11:11t may be fined as per 4 USC I 0231 tcJ-(d). The rc c 1p1cn1 may not sa11sfy such a fine wuh federal funds . 49 Protection of human research subjects The m ;1p1ent (and an) ubrcc1p1c111 al an~ tier ) must comply w11h the requirements of28 CF R. Pan 46 and all OJP pohc1c~ and procedures regardin g the pro1ectron of human research $11bJCcts. including obtainment of Instuutional Re\11cw Board appro al , 1fappropnatc.. and subJcct informed consent 50 . Confidentiality of data The rec1p1cn1 (and an)' subrcc1p1cn1 al any ttcrl must co mply w11 h all confidc n1 ia li1 y rcquircmcntS of 34 ' S,C I 0231 and 28 C.F R Pan 22 that are apphcabk 10 co llccuon . U5C. and rc,•i'.la11on of data or information The recipient further agrees . as a ond111on of award approval . to submn a Privacy Ccrtifica1c that 1s m accord with re uimnents of 28 C.F R. Pan 22 and. in panicular. 28 C.F R. 22 23 51 Verification and updating of recipient contact information The recipient mu st verify its Point ofContact(POCJ . Financ,.al Point of Con tact (FPOCl . and Au1horrzed Rcprc-senta1ive contact informauon m GMS . including telephone numbeI and e-mail address If an • informa11 on is incor re.:L or ha~ changed. a Gram Adjustment Notice (G. ')mu.I b, subm111ed via the Grants Management System (GMS) to document changes OJP FORM 4000/c JREV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 © . . . . . U S Department of Justice Otlice of Justice Programs Bureau of Justice Assistance AWARD CONTINlJATION SHEET Grant P~GE 25 OF 30 PROJECT !\'\;il,IBER 201 0-DJ-BX-0432 ~WARD DATE SPECl.-!L CO\D!T/0\S 52 Law enforcement task forces -required training Within 120 day of award acce ptan ce . each current member of a la" enforcement task force funded with award funds who 1s a task force commander . agency cxccuuvc . 1ask force officer . or other task force member of equiva lent rank , must comple1c requ ired online < intemc1-based ) 1ask force 1ra111ing Add111onally . all future 1ask force members must comp lc1e 1h1 s ,raining once dur ing the period of performanct for thi s award . or once eve ry four year 1f mult,plc OJ P awards include this requirement The reQuircd training is available free of charge on line through the BJA-fundcd Ccn1cr for Ta~k Fo rce lntegn~ and Leadershi p 1www .c10i .org), The train ing addre ss es task force effecuvencss. as well as 01hcr key iss ues mcluding pn acy and c1\'il llben1es /n gh 1s . task force performance mcasurcmcn per onncl se lccuon. and task force o,•crsi_g ht and acco untabihry If award fund s arc used 10 suppon a task force . Lho: rcc1p1cn1 niu t compik and ma1nta1n a task force personnel roster. along with course completion certificates Additional information regarding the training 1s available through B.lA's web site and the Center for Task Force lntegri~, and Leadership (WW\\ ctfl1 org) 53 Justification of consultant rate Approval of this award doe s not indicate approval of any con sult ant rate m excess of$6·o per da} A detailed justification must be subrnnted to and approved by the OJP prog ram office prior to ob li ga tion or expenditure of such funds 54 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that perta in to fi rearms and background checks -mcludmg 18 U SC 922 and 34 USC ch 409 --if the recipient (or any subrecipient at any uc r) uses this award to fund I m whole or m pan ) a specific project or program (such as a law enforcement. prosecuu on. or cour t pr ogr am ) that rcsull s in an y coun disposiuons . information. or other records that arc "elie.ib lc records" 1under federal or tale law) rcle ant to the Na 11onal Instant Background Check stem ( ICS). or that has as one o f its purpose s the csta bl1shmcn1 or improvement o f record s s stems tha t contai n any coun drspos1uons , information . or other records that arc "cl!giblc records " (under fede ral or State law ) relevant to the NICS . the rec1p1cn1 (o r subrcc1pien1 . irapplicablc) mu st ensure that all such coun dispos111()ns . informa11011 . or other records that arc "eligible records " (unde r federal or State law ) relevant to the IC arc prompt!) made available 10 the JCS or to 1he " ta tc ' repository /database 1ha1 1s electronically available to (and accessed by) the NICS, and -when appropriate --prompLly must update . correct, modi~•, or remove such ICS - relevant "eligible records" In the event of minor and transitory non-compliance . the recipient may submit evidence to dem onstrate diligent monnonng of com pliance with thi s condition (i ncluding subrecipient complianc e). DO.I will g f\•t grea t weigh t to any suc,h evidenc e !n an . express wrinen determination regarding this condition OJP FORM 40001: (REV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 © . . . - U S Depanrnent of Justice Otlice of Justice Programs Bureau of Justice Assistance AWARD CONTIN UATION SHEET Grant P~GE 26 OF 30 PROJECT :>:C'-'fBER 2QJQ-DJ-BX-0432 AWARD DATE 09/18!201 Q SPECIAL CO .\DITJO\S 55 Compliance with National Environmental Policy Act and related statutes U pon rcqucsi. tile rcc1p1cn1 t and an~ subrec1p1cnt al any tier) must as isl BJA in complying wnh the 1auonal En ironmcntal Policy 1 (1 'EP ). th~ Na11onal Historic Prcscn•a11on cl, and o ther related federal cm•ironmen1al impact analyses rcqUlrcments in 1hc use of these award fund5 , either d1rectl by the recipient or by a subre ipicnt ;\ccordingl). 1hc rec1p 1cn1 agrees to first de1em11ne 1f any of thr following activities will be funded by the granl. prior to obligaung fonds for any of these purposes l f II is de1cnr11ned that any of the following ac1ivlucs will be funded by the awnrd. the rec1picn1 agrees to contact BJ . The rcc1p1cnt understands 1ha1 this cond111on applies 10 new ac11,·111es as sel out below . whc1hcr or not the} re be.mg spcc1fi,ally funded with these award fonds That 1s . as long a the activity 1s bcmg conduc1ed b~ the rec1p1en1, a subrecip1cn 1. or any 1hird pany. and 1he ac11vny needs 10 be undenaken in order to use these a"ard funds . this condition must lirsl be met T he ac11v11ics covered b) th i ccmdi 11on are a New construction: b. Minor renovation or remodel mg ofa pr opcny loca ted man env1ronmen1ally or historically sensi1ive rca including propenies located within a I 00-ycar fl ood plam. a wetland. or habitat for endangered species. or a propcn~ listed on or eligible for l1s11ng on 1he National Register of Historic Places. c A renovation, lease, or any proposed use of a building or facill!y that will either (a) result in a change in its basic prior use or (b) significantly change its size: d. Jmplemen1auon of a new program involving the use of chemicals other than chemicals that are (a ·1 purchased as an incidental component of a funded activity and (b) tradllionally used. for C;\~mple. in o llice. household. recreational. or education environments ; and e. Implementation of a program relating to clandesllne methamphetamme laborator:-' operations. including the identification, seizure. or closure of clandestine methamphctamine laboratories T he rec1p1cnt understands and agrees 1ha1 co mpl ying w11h EPA may require 1he preparatio n of an En 1ronmcnui.1 Asscssmenl and/or an E nvironmental Impact Statement. as directed by BJA. The rc:c1p1en1 further understands and agrees LO the requ irements for implcmcn1a11on of a Mi11gation Plan. as detailed at h1tps 1/bJago 1F und1ng/nepa.hunl. for programs relating 10 methamphe1ammc laboralO[)' opcra1 ions A ppl ication of This Condit ion 10 Recipient's Ex1s 11ng Programs or Activities For any of the rcc1pi en1 's or its subrec1p1cn1s· existing programs o r ac11vit1cs that will be funded b. these .iward funds. the recipient. upon spcc1lic request from BJA . agrees to cooperate with BJ in any preparation by BJA of a national or program environmental assessment of that funded program or act1v1ty 56 Establishment of trust Fund If award funds are bdng drawn down 1n advance. the rec1p1en1 (or a subrec1pien t. wi th n:.spcct to a subawardl 1s required to establish a trust fund account. RccipicnLS (and ubrcc1p1cnts) must maintain ad ancc paymcllls of federal a, ards in interest-bearing accounts. unless regulatory exclusions apply (2 C.F R. 200.J05(b)!8)) The trust fund. including any interest. may not be used 10 pa dcbLS or expenses incurred by o ther acti n ics beyond 1hc scope of the Edward Byrne Memorial Jusuac ss1s1ancc Grant Program (JAG). The rec1p 1en1 also agrees 10 obligate the award funds in the trust fund (incl uding an interest earned) during the period ofperfom1ancc ror the award and expend within 90 days thereafter Any unobligatcd or unexpended funds . including /ntcrest earned. must be returned 10 OJP at the time of closeout OJP FORM 4000/c (REV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U S Department of Justice OHice of Justice Programs Bureau of Justice Assistance PROJECT ~C!l,IBER ~01 Q.DJ-B:X-043::' A WARD CONTINlJATION SHEET Grant AWARD DATE 09/18'::'019 SPECl.~L CO.\DIT/0:\S 57 Prohibition on use of award fonds for match under BVP program P~GE 27 OF 30 JAG funds may not be used as the 50% match for purposes of the DO.I Bulletproof Vest Pannership (BVP) program 58 Certification of body am,or "mandawry wear" policies Ir recip ient uses ru nd s unde r this award to purchase bod~ armor. the recip ient must submit a signed ccrtificru1on that law enforcement agenc ies recc1v 1n g bod}' armor purchased with funds from this award have a wriucn "mandatory wear" polic) in effect The rcc1picn 1 must keep signed ccr11fica11ons on file for any subrccipu:ms planning to uult,:c fun ds from ll11s award for ballisuc-resistan t and stab -rcsi tant body armo r purchases Thts poltc) must be in place for at least al l uniformed officers before any fu n ds from 1h1s award may be used by an agency for bod} armor There arc no requi rements regarding 1hc nmurc of the policy other than it be a mandawry wear pulic} for all uniformed officers while on duty 59 Body armor· compliance with NIJ standards and other requirements Ballist1c-resistan1 and stab-resistant body armor purchased w11h JAG award funds ma~ be purchased at an} threat level , make or model. from any distributor or manufacturer. as long as the bod}' armor has been tcslcd and found to comply with applicable ·auonal In t11u1c of Justice ball1s11c or stab standards and I listed on the IJ Compliant Body Armor Model List Chttps -/lmJ gov/to p1cs lte hnology/body -armn r/P agcstcompltam-ball isuc-arm or aspx) In add 111011 . bal11stic -rcs1s tan1 and stnb-resistanl hody armor purchased mus1 be made in 1he United tares and mus! be uniquely fined. as set forth in 34 USC I 0202(c)( I )(A) The latest NlJ standard 1nforma11on can be found hcte Imps :// niJ gov / topics/ technology/ body-armor/ pages/ safet,•-initiative aspx 60 Body armor -impact on eligibility for other program funds The recipient understands tha t the use of funds under this award for purchase of body armor ma · 1mpac1 eligibility for funding under the Bulletproof Vest Partnership (BVP) program . a separate program opermcd by BJA . pursuant to the BVP statute at 34 USC 10531 (cl(5) 61 Reporting requirements The rec1p 1ent must submi t quarterl F~dcral Financial Reports (SF-425) and semi-annual performance reportS thrnugh OJP 's GMS (hllps://grants .oJp .usdoJ .gov ). Consisten t ,,·1th the Depanmcnt's respons1bilmc s under the Governmen t Performance and Results Act (GPRA and the GPRA Modernization Act of20 I 0. 1he rcctp1ent must provide da ta that measure 1he results of its, ork Th e recipient must submll quarterly performa nce metrics repons through BJA's Performance ltasurcm cnt Tool (PMT ) website (www bjapcrformance1ools .org) For more detailed informauon on rcporung and other JAG requi rements. rcfn to the JAG reporting requirements w,bpage . Fai lure to submit required JAG r pons by cs1ablished deadlines may resul1 in the frcez111g.of grant funds and future High Risk dcs1gnn11on . 62 Required data on law enforcement agency training Any law enforcement agency receiving direc t or sub-awarded fun ding from this JAG award must submit quarterly accountability metrics da la related to trainine 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 40001'.: tREV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U S Department of Justice Omce of Justice Programs Bureau of Justice Assistance PROJECT ~'L \IBER 20 1 Q-DJ-BX-0.32 A WARD CONTIN UATION SHEET Grant ~WARD DATE 09/18'20JQ SPEC/ . .JL (O\DJT/O\'S 63 Expenditures prohibited without waiver P\GE 28 OF 30 , o funds under this award may be expended on lhc purchase of nems proh1b1led by the JAG program statute. unless. as set fonh al 34 U S C IO I 52 , the B.IA Director cen1fics that extraordinary and exigent circumstances exist, making such cx pend i1urc s e scn11al 10 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 rec1p1cn1 may obligate (federal ) award funds onl) after the rec ipient makes a valid acceptance f the award As o f the first day of the period of performance for the award (Oc1obcr I . 2018 ). however. the rec1p1cnt ma) choose 10 incur pro1ec1 costs using non-federal funds . but an . such pro.1ec1 cosis arc inc urr ed at thc rcc1p1em 's nsk unul. a1 a mm1mum-( I J th, recipie nt makes a valid acccp1ancc of lhe award . and (2) all applicable wnhholding cond111o ns arc removed b~• OJP 1,11a a Grant Adjus tmrnt . ouccJ I wilhholding cond111on 1s a condiu on 1111he award documcn11hat 11recludes the recipicn l from bllga11ng.. expend mg . or drawing down all or a pon1on of 1l1c award funds un1 il th~ condition is removed ) Exccp1 to the extent (if any ) 1ha1 an award condition exprc SI) precludes re imbursement of pr0Jcc1 coSIS mcurred "at- nsk ." ,f and when th, recipien t makes a valid acccptan c of th is award and OJP removes each apµhcabk w11hl1olding cond ,tion 1hrou gh a Grant AdJusm,cnt 'louc,:. 1he rccip1en 1 1s au1honud LO obligate \federal) award funds to rcimbursc 1tsdf for pro1ect cos1s incurred "at-nsk" earlier dunng the pcnod of performance 1such as pro1cc1 co sts incurred prior to aword acceptance or prior to r~mo ,•al of on applicable w1~1hold ing cond1t1on 1. provided that tho se 11rojcc1 cos1s 01herw1sc an! allowab le costs under 1hc award Nothing m this condi110 11 shall be under sto od 10 authorize the recipient !or an~ subrcc1picnt at an) 11cr) to use award funds to "supplani" S1a1e or local fund m ,·1olai1on oflhe recipient's ccrl1fi.:a11on (executed by the chiefc ·ccm1ve of 1he S1a1e or lo,al !!O \'(rnmcntl that federal funds will be used to incrc:a.st the amount of such runds that would . in 1hc abse nce of federal fo nd s , be made avallabk for law cnfon;ement act1v1t1es 65 Use of funds for DNA testing: upload of DNA profiles If award funds are used for DNA testing of cvidcnt1ary materials . any resulting eligible DNA profiles must be uploaded to 'the Combined DNA Index System ("CO DI ." the DNA database op~r111ed by the FBI) by a government DNA laboratory with access to CODJS o profiles genera ted under this award may be entered or uploaded into any non-governmental DNA database without prior express wrinen approval from BJA . Award funds may not be used for the purchase or DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODJS 66 Encouragement of submission of "success stories" BJA strongl) enc ou rages the recipient 10 s ubmit annual (o r more frequcnl l JAG success stories . To submit a sm:ccss 101)'-s ign in 10 a My BJA account at Imps :// www bja.gov/ Login .aspx 10 access 1he Success tory ubmi ssion o n11 . If 1hc recipient docs no1 . et have a My BJA accouni. please reg1s1cr at hnps /I " ,,w _bJa 'i!,O,v/ profik asp · Once regisu:rcd . one of 1hc available areas on tht M)' BJA page will be "M) Success writs "Within thlS box _ there is an opt ion to add a uccess Story Once reviewed and approved b BJA . all success s1orics wil l appear on the BJA ucccss Story web page al Imps / I w-ww ~1a . .go / SuccessStoryL1st aspx OJP FORM 4000/c (REV -1-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 © . . . . U.S Department of Justice Oflice of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant P\GE ~9 OF 30 PR OJECT f\'t.:MBER "0 19-DJ-B X-0<13 2 .\W ARD DATE 09 /1 81 1019 SP£Cf_~L CO .\DJTIO.\S 67 Withholding of funds: Required certification from the chief executive of the applicant government The rec1p1cnt may not obligate, expend. or draw down nn ' award runds until lht rccip icnl subrnus lhc required "Cert1fica11ons and Assurances by the Chief Executive of1hc Applicant Government " properl:,,-cxccuted (as determined by OJP), and a Grant Adjustment Notice (GA 'l has becn issued to remove thi s cond111on . 68 . Recipient mtcgrit:y and performance matters . Requirement to report information on certain civil. criminal. and administra11 ,1c proceeding$ 10 SAM and FAPflS The rcc1p1cnt mus t comp! with any and all applicable rcqu1rcmenlS regarding reporting of information on c1v1I. criminal. and administrative proceedings connected wuh (or connected LO the performance of) rnhcr this OJP award or any other grant. coop.:rauvc agreement. or procurcmem comract from the federal government Under certain circumrnmces. rcc1p1cnts of OJP awards are required 10 rcpon 111forma 11on abou1 such proceedings. through the federal System for ward l\1lanagcmcnt (k nown as "S M"\. to the de 1gnatcd federa l intcgrny and performance sys tem (currently. "F APIIS") The de1alls of rcc1p 1 m obligati ons regarding the required rcponing (and updating ) of 1nforma11on on ccrtam civil. mmmal and adm in1stra1ivc proceedings 10 the federal dcsignmed 1ntcgnry and performance ystem (Current! '. ''FAPl!S "J within S Marc posted on the OJP web s11c at hllps //oJp .gov/fundmg/FAPII htm (/\ward ond1tion Recipient lntcgrl t)' and Performance Matters . includ ing Rcc1p1cn1 Rcp oning 10 r-<\PIIS ). and are incorporated b) reference here 69 Withholding -DHS question anachment The recipient may not obligate. expend or dra~ down funds until the Office of Justice Programs has received and approved the required application anachmenl( 1 described m the program sol1citat1on as "Information regarding Communication with the Department of Homeland Security (OHS) 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 information The recipient may not obligate. expend. or draw down any award funds until the recipient submits. and OJP reviews and accepts. the required budge! information or narrative for the award. and 11 Grant Adjustment Notice (GAN) has been issued to remove this condition 71 Withholding of funds: Program narrative The recipient may not obltgate. e ·pend , 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: NIB RS set-aside in Disparate jurisdictions The re dpicnt ma not ob ligate , e-.:pcnd. or draw down an award funds until 1h c rcc1picn1 submits . and BJA n:vie, s and accep ts, documentation ofeomplian cc with the required !BR 3 percent se t-aside by the recipien t and each dlspara,~ subrccipient. and a Gram Adjustment Notice (GA ) has been issued to remove tins condition For each j urisdiction . inc ludin g the rc:cip1cnt and disparate sub rcc ipienrs . such documentation may be cnhc.r (I ) a budget that cl earl _ docummts that the jurisdiction has dedicated at leas t 3 pe rce nt of the total amount or their nlloi:auon to NIBR compliance acuviues. or (2) documtnlatt on showing that the Jurisdiction has been ccn ificd as IBR comp lian OJP FO RM 4000.12 1REV 4-88 ) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 U.S Department of Justice Ofiice of Justice Programs Bureau of Justice Assistance PROJECT \!L"MBER 1019-DJ-BX-043~ AWARD CONTINUATION SHEET Grant .~WARD DATE 09/18/1019 SPEC!.-!L C'O.\'DIT/0.\'S 73 . Withholding of funds: Memorandum of Understanding P~GE 30 OF 30 The recipient ma nol o bligate, e"pcnd. or draw down an) award funds until OJP has rcv,cwcd and approved the Memorandum of 'nder;tanding t MO U). and a Gran, Adj us1menl Notice (GAN) has been Is sued to remove this condition OJP FORM 40001:: {REV 4-88) FY19 JAG Subgrant Award Agreement DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT EXHIBIT B AGENCY: City of Tamarac PROJECT NAME: Property Crime Reduction/Enhanced Visability PROJECT ABSTRACT As many of the municipalities in Broward County have experienced crime increases, Tamarac has too seen spikes (at times) of property crimes primarily at night and many times committed by juveniles. The BSO Tamarac District has a Crime Suppression Team, a Cl unit and patrol deputies who can work as a team covertly and overtly disrupt the criminals who victimize the residents and visitors of Tamarac. The intelligence of the Crime Analyst can pe used to spot areas where the crime is occurring in hopes of having the detectives assigned to the operation in the right place at the right time. Funds will also be used to pay for increased visibility in shopping centers, businesses , and neighborhoods. DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AGENCY: City of Tamarac PROJECT NAME: Property Crime Reduction/Enhanced Visability GOALS: Tamarac will use this grant to reduce the overall property crime rate within the city of Tamarac during the overnight hours as well as increase visibility in public shopping and business areas in peak times during the day and early evening. OBJECTIVES/STRATEGIES: Detectives with the Crime Suppression Unit (CST), Criminal Investigations Unit (Cl), and patrol section will work together covertly and overtly to disrupt and arrest those who look to steal vehicles, break into vehicles, and commit thefts of automotive parts such as wheels and airbags. Deputies in patrol units will work extra time using off duty detail hours and marked units to patrol retail shopping centers IDENTIFIERS: • Auto theft • Overtime • Policing PROJECT NARRATIVE: STATEMENT OF THE PROBLEM: (Description of the Issue) At times Tamarac struggles with property crime committed many times by juveniles in residential and business areas. This includes car burglaries, auto thefts, and residential burglaries . The crimes occur both at night and during the day . PROJECT DESIGN AND IMPLEMENTATION: We will use a three prong approach to these problems using crime suppression members , Cl detectives and the patrol section of the district. The agency has recently re-started a park and walk initiative and that will get patrol deputies out of their cars and into the businesses and communities to better deter crime . DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 JAG Fund will be used to pay for staffing who will be able to identify and arrest suspects who are committing property crimes . The project will be managed by the District Executive Officer and the decision to use personnel to will be made in collaboration with the District Captain. The real time analysis of the crime problem will be funneled through the Cl Unit to members of the CST and members of the patrol section . Detectives and Supervisors within the Cl Unit and the CST will be the primary detectives who work on the project, supplemented by members of the patrol section and each operation will be monitored by a sergeant within the Cl Unit or CST. CAPABILITIES and COMPETENCIES: BSO is capable of combatting street crime in many different ways and the three separate sections of BSO Tamarac will work together to reduce crime and move the property crime rate down . PLAN for COLLECTING the DATA: There will be a "stat sheet" that each member of the team will complete with their overtime sheet so that performance measures can be documented when the data is shared with The City of Pompano Beach on a quarterly basis to be uploaded into BJA's Performance Measurement Platform. DISCLOSURE OF PENDING APPLICATIONS: The city of Tamarac does not have pending applications submitted within the last 12 months for federally funded assistance that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation . DISCLOSURE OF HIGH RISK STATUS: The city of Tamarac is not identified as a "High Risk Status" in accordance with grant guidelines. DISCLOSURE of LOBBYING: The city of Tamarac is not or has not been involved in lobbying. LOCAL GOVERNING BODY REVIEW: The city of Tamarac will forward proof that this application will be reviewed by its Commission. DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 EXHIBIT C FY 2019 Tamarac City Edward Byrne Justice Grant Program Describe Purpose: City of Tamarac will contract with Broward Sheriff's Office to implement the Property Crime Reduction/Enhanced Visibility Project with 2019 JAG funds . A. PERSONNEL Item B. FRINGE BENEFITS Item C. TRAVEL Item D. EQUIPMENT Item E. SUPPLIES Item F. CONSTRUCTION Item G. CONSULTANTS/CONTRACTS Item Contracted Overtime Services FICA Special Retirement Computation Computation Computation Computation Computation Computation Computation $68 Per Hour X 110.9860 Hours $ 7.65% X $ 7,547 .05 $ 24 .45% X $7 ,547.05 $ Cost Cost Cost Cost Cost Cost Cost 7,547 .05 577 .35 1,845 .26 $ $ $ $ $ $ $ 9,969.66 DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 H.OTHER $ Item Computation Cost I. INDIRECT COST $ Item Computation Cost TOTAL PROJECT COST $ 9,969.66 BUDGET SUMMARY A. PERSONNEL $ B. FRINGE BENEFITS $ C. TRAVEL $ D. EQUIPMENT $ E. SUPPLIES $ F. CONSTRUCTION $ G. CONSULTANTS/CONTRACTS $ 9,969.66 H.OTHER $ I. INDIRECT COST $ TOTAL PROJECT COST $ 9,969.66 FEDERAL REQUEST $ 9,969.66 BUDGET NARRATIVE A. PERSONNEL B. FRINGE BENEFITS C. TRAVEL D. EQUIPMENT DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408 E. SUPPLIES F. CONSTRUCTION G. CONSULTANTS/CONTRACTS City of Tamarac will contract with Broward Sheriff's Office where Deputies with the Crime Suppression Team (CST), Criminal Investigations Unit (Cl) and patrol section will work Overtime together to covertly and overtly reduce the overall property crime rate within the city of Tamarac during the overnight hours as well as increase visibility in public shopping and business areas in peak times during the day and early evenings. It is customary to cover basic benefit plan for Deputies working on this project which includes FICA at 7.65% and Special Retirement at 24.45%. H.OTHER **Note not reflected: Budget Other line item-NIBRS (3%) set aside for UCR Replacement -$308.34** I. INDIRECT COSTS DocuSign Envelope ID: F3A565D3-44DF-4EDE-83D1-8A25D26D9408