HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-054 Temp. Reso. #TR13452
Page 1
July 8, 2020
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2020 (,'
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA ACCEPTING A 2018 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) AWARD IN
THE AMOUNT OF $11,349.90 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 2018 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 2018 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. #TR13452
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 2018 JAG program funds; and
WHEREAS, the City of Pompano Beach agreed to serve as lead agency and received
notification that the City of Tamarac is eligible to receive $11,349.90 in JAG funds as indicated
on the 2018 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$1,134.99
as an administrative fee, resulting in a net award of$10,214.91; 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. #TR13452
Page 3
July 8, 2020
WHEREAS, the Interim Director of Financial Services and BSO Tamarac District
Commander recommend acceptance of the 2018 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 2018 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 2018
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. #TR13452
Page 4
July 8, 2020
SECTION 2: The City Commission of the City of Tamarac HEREBY accepts the 2018
Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $11,349.9° 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 Sheriffs 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 2018 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. #TR13452
Page 5
July 8, 2020
SECTION 6: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this ' day of , 2020.
V
M HELLE J. GO Z
MAYOR
ATTEST:
JENNIF R JOHNSON, CMC'
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ ✓./
DIST 1: V/M BOLTON 7
C
DIST 2: COMM. GELIN f1
DIST 3: COMM. FISHMAN174
DIST 4: COMM. PLACKO i
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
4jti
SAMUEL S. GOREN
"CITY ATTORNEY
EXHIBIT A
OMB No. 1121-0329
Approval Expires 11/30/2020
U.S. Department of Justice
kat
Office of Justice Programs
Bureau of Justice Assistance
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 efforts to prevent or reduce crime and violence.
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2018 Local Solicitation
Applications Due: August 22, 2018
Eligibility
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 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) 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.
In addition, as discussed further below, in order to validly accept a Fiscal Year (FY) 2018 JAG
award, the chief legal officer of the applicant unit of local government must properly execute,
and the unit of local government must submit, the specific certifications regarding compliance
with certain federal laws attached to this solicitation as Appendix B and Appendix C. (Note: this
requirement does not apply to Indian tribal governments.) (The text of the relevant federal laws
appears in Appendix D.)
Eligible allocations under JAG are posted annually on the JAG web page.
1
BJA-2018-13626
All recipients and subrecipients (including any for-profit organization) must forgo any profit or
management fee.
Deadline
Applicants must register in the OJP Grants Management System (GMS) at
https://grants.ojp.usdoj.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
5 p.m. eastern time on August 22, 2018.
For additional information, see How to Apply in Section D. Application and Submission
Information.
Contact Information
For technical assistance with submitting an application, contact the Grants Management
System Support Hotline at 888-549-9901, option 3, or via email at GMS.HelpDesk@usdoj.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 grantsAncjrs.gov within 24 hours after the
application deadline in order to request approval to submit its application. Additional
information on reporting technical issues appears under"Experiencing Unforeseen GMS
Technical Issues" in How to Apply in Section D. Application and Submission Information.
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 grantsAncjrs.gov; by fax to 301-240-5830, or by web chat
at https://webcontact.ncirs.gov/ncichat/chat.isp. 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.
Release date: July 20, 2018
2
BJA-2018-13626
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 and Deliverables 13
Evidence-based Programs or Practices 13
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 17
Cost Sharing or Match Requirement 17
Pre-agreement Costs (also known as Pre-award Costs) 17
Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs 17
Costs Associated with Language Assistance (if applicable) 18
C. Eligibility Information 18
D. Application and Submission Information 18
What an Application Should Include 18
How to Apply 31
E. Application Review Information 34
Review Process 34
F. Federal Award Administration Information 35
Federal Award Notices 35
Statutory and Regulatory Requirements; Award Conditions 35
General Information about Post-federal Award Reporting Requirements 37
G. Federal Awarding Agency Contact(s) 38
H. Other Information 38
Freedom of Information Act and Privacy Act (5 U.S.C. § 552 and 5 U.S.C. § 552a)..38
Provide Feedback to OJP 38
3
BJA-2018-13626
Appendix A: Certifications and Assurances by the Chief Executive 40
Appendix B: Certification of Compliance with 8 U.S.C. §§ 1373 and 1644 42
Appendix C: Certification of Compliance with 8 U.S.C. §§ 1226(a) & (c), 1231(a)(4),
1324(a), 1357(a), and 1366(1) & (3) 44
Appendix D: Certain relevant federal laws, as in effect on June 7, 2018 46
Appendix E: Information regarding Communication with the Department of Homeland
Security (DHS) and/or Immigration and Customs Enforcement (ICE) 52
Appendix F: Additional Award Purposes 53
Appendix G: Application Checklist 56
4
BJA-2018-13626
Edward Byrne Memorial Justice Assistance
(JAG)
Grant Program
FY 2018 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 2018 JAG Program Local
Solicitation. (A separate solicitation will be issued for applications to BJA directly from states.)
Statutory Authority: The JAG Program statute is Subpart I of Part E of Title I of the Omnibus
Crime Control and Safe Streets Act of 1968. Title I of Pub. L. No. 90-351 (generally codified at
34 U.S.C. 10151-10158), 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 2018 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,
including behavioral programs and crisis intervention teams
Additionally, JAG funds awarded to a unit of local government under this FY 2018 solicitation
may be used for any purpose indicated in Appendix F.
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
5
B]A-2018-13626
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 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."
Under the JAG Program, units of local government may also use award funds for broadband
deployment and adoption activities as they relate to criminal justice activities.
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 related to requesting a waiver to obtain BJA certification for a listed prohibited
item, 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, the
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.
6
BJA-2018-13626
Other restrictions on use of funds— If a unit of local government chooses to use its FY 2018
JAG funds for particular, defined types of expenditures, it must satisfy certain preconditions:
■ Body-Worn Cameras (BWC)
A unit of local government that proposes to use FY 2018 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/BodvWornCameraCert.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 BWC 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 may not be
used as any part of the 50 percent match required by the BWC Program.
■ Body Armor
Body armor purchased with FY 2018 JAG funds may be purchased at any threat level
designation, make, or model from any distributor or manufacturer, as long as the body
armor has been tested and found to comply with the latest applicable National Institute
of Justice (NIJ) ballistic or stab standards. Further, body armor purchased with FY 2018
JAG funds must be made in the United States, and must be "uniquely fitted." See 34
U.S.C. § 10202(c)(1)(A). For a definition of"uniquely fitted" and more information about
requirements associated with body armor purchases, see the JAG FAQs.
A unit of local government that proposes to use FY 2018 JAG award funds to purchase
body armor must provide OJP with a certification(s) that each unit of local government
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.bia.qov/Funding/BodyArmorMandatoryWearCert.pdf.
7
BJA-2018-13626
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 unit of
local government JAG recipient, and made available to OJP upon request.
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.
Additional information and FAQs related to the mandatory wear policy and certifications
can be found at https://www.bia.gov/Funding/JAGFAQ.pdf.
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 eligibility for the BVP Program is impacted
by a local jurisdiction's use of funds under a local JAG award to purchase body armor.
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 subrecipients) that use FY 2018 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 Waiver Order) should review FY 2018 SAFECOM
Guidance. The SAFECOM 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 2018 JAG funds should support the Statewide Communication
Interoperability Plan (SCIP) and be coordinated with the fulltime Statewide
Interoperability Coordinator(SWIC) in the state of the project. As the central
coordination point for their 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 of Emergency Communications
maintains a list of SWICs for each of the states and territories. Contact
OEC@hq.dhs.gov. All communications equipment purchased with FY 2018 JAG
Program funding should be identified during quarterly performance metrics reporting.
Further, information sharing projects funded with FY 2018 JAG funds must comply with
DOJ's Global Justice Information Sharing Initiative guidelines, as applicable, in order to
8
BJA-2018-13626
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://www.it.oip.gov/qsp grantcondition. Recipients (and
subrecipients) will be required to document planned approaches to information sharing
and describe compliance to the 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. FirstNet's statutory mission is to
take all actions necessary to ensure the establishment of a nationwide public safety
broadband network (NPSBN). The 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, in time, FirstNet is expected to provide the 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
once your state or territory opts in, visit www.FirstNet.qov. To learn about FirstNet's
programs and activities, including its consultation and outreach with public safety, the
state plan's process, FirstNet's history and promise, and how it plans to ensure the
FirstNet network meets the needs of public safety—every day and in every emergency—
visit www.FirstNet.qov or contact info@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 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.
■ Entry of Records into State Repositories
As appropriate and to the extent consistent with law, a condition may 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, a system must be in place to ensure that all such
9
BJA-2018-13626
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, go to:
www.bia.gov/Fundinq/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 2018 JAG award must certify that the unit of local government will "comply with all provisions
of[the JAG Program statute] and all other applicable Federal laws." To satisfy this requirement,
each unit of local government applicant must submit three properly executed certifications using
the forms shown in Appendices A, B, and C.
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
10
BJA-2018-13626
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 2018
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 is requiring, 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 2018 JAG funds received
by that jurisdiction to be used for NIBRS compliance activities, unless that jurisdiction receives a
waiver from the BJA Director, 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 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.
Units of local government that have been certified as NIBRS compliant by their state, or directly
by the FBI, may submit a waiver to the BJA Director requesting an exemption from the 3
percent set-aside requirement. The waiver request from an appropriate local official must clearly
state that the unit of local government has been certified as NIBRS compliant by their state, or
directly by the FBI, and should be submitted with the application, or, as appropriate, through
request for a Grant Adjustment Notice after an award is made. In any instance in which a waiver
11
BJA-2018-13626
request is submitted, the unit of local government must retain documentation on file that
demonstrates the state or FBI certification of NIBRS-compliance. Such documentation must be
made available for BJA review, upon request. The BJA Director will review all requests for
waivers. If approved, states will not be subject to the 3 percent set-aside requirement.
Note: U.S. Territories and tribal jurisdictions will not be subject to the 3 percent set-aside for
NIBRS-compliance until FY 2019. Tribal jurisdictions and the five U.S. territories are strongly
encouraged to dedicate a portion of JAG funding to NIBRS conversion; however, this is not a
requirement for FY 2018 JAG funding. Utilizing this phased-in approach will allow the territories
and tribal jurisdictions to plan for the change in funding direction and provide BJA with time to
coordinate or provide any necessary technical assistance surrounding this topic.
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 2018 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 states to tailor
their programs to the local crime issues, and to be data-informed in their work. States should
consider investing JAG funds in programs to combat 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. States 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, 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 Preliminary 2017 Law Enforcement Officer Fatalities
Report, released by the National Law Enforcement Officers Memorial Fund (NLEOMF), as of
December 28, 2017, there were 128 law enforcement line-of-duty deaths nationwide in 2017.
Firearms-related deaths were the second leading cause of law enforcement deaths (44) in
2017, according to the NLEOMF report. Of those deaths, the leading circumstance was officers
shot while responding to a domestic disturbance (7), followed by traffic enforcement,
investigative activities, and dealing with a suspicious person or vehicle-6 instances in each
circumstance. Additionally, deaths due to circumstances other than firearms- or traffic-related
deaths increased by 61 percent in 2017, with 37 deaths compared to 23 in 2016. Sixteen of
those deaths were due to job-related illnesses, including 10 due to heart attacks.
Based on the latest reports (2016 and 2015) from the FBI's Law Enforcement Officers Killed
and Assaulted(LEOKA) data, there appeared to be a continuing increase in assaults between
2015 and 2016. There were 57,180 assaults in 2016 versus 50,212 in 2015. Of those, 16,535
resulted in officer injuries in 2016 compared to 14,281 in 2015. The 2016 LEOKA reports that
12
BJA-2018-13626
there were 17 officers killed in ambush situations, which is an increase from 2015 when 4
officers were killed in ambush situations.
BJA sees a vital need to focus not only on tactical officer safety concerns, but also on health
and wellness as they affect officer performance and safety. It is important for law enforcement
to have the tactical skills necessary, and also be physically and mentally well, to perform,
survive, and be resilient in the face of the demanding duties of the profession. BJA encourages
states 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, as well as funding for health and wellness programs for law enforcement officers.
Border Security—Securing U.S. borders (and internationally accessible waterways
and -airports) is critically important to the reduction and prevention of transnational drug-
trafficking networks and combating all forms of human trafficking 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. BJA encourages units of local government
to enhance border, waterway, and port security by using JAG funds to support law enforcement
hiring, training, and technology enhancement, as well as cooperation and coordination among
federal, state, local, and tribal law enforcement agencies.
Collaborative Prosecution and Law Enforcement— BJA supports strong partnerships
between prosecutors and law enforcement, at all levels of government, in order to help take
violent offenders off the street. BJA strongly encourages state and local law enforcement
agencies to foster strong partnerships with federal law enforcement agencies, and with their
own prosecutors, as well as federal prosecutors, to adopt new, cost-effective, collaborative
strategies to reduce crime, particularly violent crime. (BJA's Innovative Prosecution Solutions
Initiative is a related effort to promote partnerships between prosecutors and researchers to
develop and deliver effective, data-driven, evidence-based strategies to solve chronic problems
and fight crime.)
Objectives and Deliverables
In general, the FY 2018 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 state that receives an FY 2018 JAG award will be required to
produce various types of reports and to submit data related to performance measures and
accountability. The objectives and deliverables are directly related to the JAG Program
accountability measures at https://biapmt.ojp.gov/help/jagdocs.html.
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. OJP is committed to:
• Improving the quantity and quality of evidence OJP generates.
13
BJA-2018-13626
• Integrating evidence into program, practice, and policy decisions within OJP and
the field.
• Improving the translation of evidence into practice.
OJP considers programs and practices to be evidence-based when their effectiveness has been
demonstrated by causal evidence, generally obtained through one or more outcome
evaluations. Causal evidence documents a relationship between an activity or intervention
(including technology) and its intended outcome, including measuring the direction and size of a
change, and the extent to which a change may be attributed to the activity or
intervention. Causal evidence depends on the use of scientific methods to rule out, to the extent
possible, alternative explanations for the documented change. The strength of causal evidence,
based on the factors described above, will influence the degree to which OJP considers a
program or practice to be evidence-based. The OJP CrimeSolutions.gov website at
https://www.crimesolutions.gov/ is one resource that applicants may use to find information
about evidence-based programs in criminal justice, juvenile justice, and crime victim services.
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.bia.gov/Programs/CRPPE/innovationssuite.html). BJA encourages states 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
The Department of Justice has prioritized the use of evidence-based programming and deems it
critical to continue to build and expand the evidence informing criminal and juvenile justice
programs and crime victim services to reach the highest level of rigor possible. Therefore,
applicants should note that OJP may conduct or support an evaluation of the programs and
activities funded under this solicitation. Recipients and subrecipients will be expected to
cooperate with program-related assessments or evaluation efforts, including through the
collection and provision of information or data requested by OJP (or its designee) for the
assessment or evaluation of any activities and/or outcomes of those activities funded under this
solicitation. The information or data requested may be in addition to any other financial or
performance data already required under this program.
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 state 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-2018-13626
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, 2017 through September 30, 2021. 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, 2017 through September 30, 2019. 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 Statutory
and Regulatory Requirements; Award Conditions, under Section F. Federal Award
Administration Information, 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 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
15
BJA-2018-13626
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:
(a) Establish and maintain effective internal control over the Federal award that
provides reasonable assurance that [the recipient (and any subrecipient)] is
managing the Federal award in compliance with Federal statutes, regulations,
and the terms and conditions of the Federal award. These internal controls
should be in compliance with guidance in "Standards for Internal Control in the
Federal Government" issued by the Comptroller General of the United States
and the "Internal Control Integrated Framework", issued by the Committee of
Sponsoring Organizations of the Treadway Commission (COSO).
(b) Comply with Federal statutes, regulations, and the terms and conditions of the
Federal awards.
(c) Evaluate and monitor[the recipient's (and any subrecipient's)] compliance with
statutes, regulations, and the terms and conditions of Federal awards.
(d) Take prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings.
(e) Take reasonable measures to safeguard protected personally identifiable
information and other information the Federal awarding agency or pass-through
entity designates as sensitive or [the recipient (or any subrecipient)] considers
sensitive consistent with applicable Federal, State, local, and tribal laws
regarding privacy and obligations of confidentiality.
To help ensure that applicants understand the administrative requirements and cost principles,
OJP encourages prospective applicants to enroll, at no charge, in the DOJ Grants Financial
Management Online Training, available at https://oipfqm.webfirst.com/. (This training is required
for all OJP award recipients.)
Also, applicants should be aware that OJP collects information from applicants on their financial
management and systems of internal controls (among other information) which is used to make
award decisions. Under Section D. Application and Submission Information, applicants may
access and review the OJP Financial Management and System of Internal Controls
Questionnaire (https://oip.gov/funding/Apply/Resources/FinancialCapabilitv.pdf) that OJP
requires all applicants (other than an individual applying in his/her personal capacity) to
download, complete, and submit as part of the application.
1 For purposes of this solicitation, the phrase"pass-through entity" includes any recipient or subrecipient that provides
a subaward("subgrant")to carry out part of the funded award or program.
2 The"Part 200 Uniform Requirements" refers to the DOJ regulation at 2 C.F R Part 2800,which adopts(with certain
modifications)the provisions of 2 C.F.R. Part 200.
16
BJA-2018-13626
Budget and Financial 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.00v/financialouide/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
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://oip.qov/financialouide/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
17
BJA-2018-13626
events, available at:
https://www.oip.gov/financialquide/DOJ/PostawardRequirements/chapter3.10a.htm. OJP policy
and guidance (1) encourage minimization of conference, meeting, and training costs; (2) require
prior written approval (which may affect project timelines) of most conference, meeting, and
training costs for cooperative agreement recipients, as well as some conference, meeting, and
training costs for grant recipients; and (3) set cost limits, which include a general prohibition of
all food and beverage costs.
Costs Associated with Language Assistance (if applicable)
If an applicant proposes a program or activity that would deliver services or benefits to
individuals, the costs of taking reasonable steps to provide meaningful access to those services
or benefits for individuals with limited English proficiency may be allowable. Reasonable steps
to provide meaningful access to services or benefits may include interpretation or translation
services, where appropriate.
For additional information, see the "Civil Rights Compliance" section under"Overview of Legal
Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2018
Awards" in the OJP Funding Resource Center at https://oip.gov/funding/index.htm.
C. Eligibility Information
For information on eligibility, see the title page.
Note that, as discussed in more detail below, the certifications regarding compliance with certain
federal laws. (See Appendices B and C) must be executed and submitted before a unit of local
government (other than an Indian tribal government) can make a valid award acceptance. Also,
a unit of local government may not access award funds (and its award will include a condition
that withholds funds) until it submits a properly executed "Certifications and Assurances by
Chief Executive of Applicant Government." (See Appendix A).
D. Application and Submission Information
What an Application Should Include
This section describes in detail what an application should include. An applicant should
anticipate that if it fails to submit an application that contains all of the specified elements, it may
negatively affect the review of its application; and, should a decision be made to make an
award, it may result in the inclusion of award conditions that preclude the recipient from
accessing or using award funds until the recipient satisfies the conditions and OJP makes the
funds available.
NOTE: OJP has combined the Budget Detail Worksheet and Budget Narrative in a single
document collectively referred to as the Budget Detail Worksheet. See "Budget Information and
Associated Documentation" below for more information about the Budget Detail Worksheet and
where it can be accessed.
OJP strongly recommends that applicants use appropriately descriptive file names (e.g.,
"Program Narrative," "Budget Detail Worksheet," "Timelines," "Memoranda of Understanding,"
18
BJA-2018-13626
"Résumés") for all attachments. Also, OJP recommends that applicants include résumés in a
single file.
Please review the "Note on File Names and File Types" under How to Apply to be sure
applications are submitted in permitted formats.
In general, if a unit of local government fails to submit required information or
documents, OJP either will return the unit of local government's application in the Grants
Management System (GMS) for submission of the missing information or documents, or
will attach a condition to the award that will withhold award funds until the necessary
information and documents are submitted. (As discussed elsewhere in this solicitation,
the certification regarding compliance with certain federal laws—which are set out at
Appendix B and Appendix C—will be handled differently. Unless and until those
certifications are submitted, the unit of local government(other than an Indian tribal
government)will be unable to make a valid acceptance of the award.)
1. Information to Complete the Application for Federal Assistance (SF-424)
The SF-424 is a required standard form used as a cover sheet for submission of pre-
applications, applications, and related information. GMS takes information from the
applicant's profile to populate the fields on this form.
To avoid processing delays, an applicant must include an accurate legal name on its SF-
424. Current OJP award recipients, when completing the field for"Legal Name," should use
the same legal name that appears on the prior year award document, which is also the legal
name stored in OJP's financial system. On the SF-424, enter the Legal Name in box 5 and
Employer Identification Number(EIN) in box 6 exactly as it appears on the prior year award
document. An applicant with a current, active award(s) must ensure that its GMS profile is
current. If the profile is not current, the applicant should submit a Grant Adjustment Notice
updating the information on its GMS profile prior to applying under this solicitation.
A new applicant entity should enter its official legal name, its address, its EIN, and its Data
Universal Numbering System (DUNS). A new applicant entity should attach official legal
documents to its application (e.g., articles of incorporation, 501(c)(3) status documentation,
organizational letterhead) to confirm the legal name, address, and EIN entered into the SF-
424. OJP will use the System for Award Management (SAM) to confirm the legal name and
DUNS number entered in the SF-424; therefore, an applicant should ensure that the
information entered in the SF-424 matches its current registration in SAM. See the How to
Apply section for more information on SAM and DUNS numbers.
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
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 16 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 16 by
19
BJA-2018-13626
selecting the response that the "Program is subject to E.O. 12372 but has not been selected
by the State for review.")
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.gov/funding/JAGIdentifiers.pdf.
3. Program Narrative
The following sections should be included as part of the program narrative3:
a. Description of the Issues— Identify the unit of local government's strategy/funding
priorities for the FY 2018 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
criminal/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 measures that
demonstrate the results of the work carried out under the award (see "General
Information about Post-Federal Award Reporting Requirements" in Section F. Federal
Award Administration Information). The performance measures data directly relate to the
objectives and deliverables identified under Objectives and Deliverables in Section A.
Program Description.
Applicants should visit OJP's performance measurement page at
www.ojp.qov/performance for an overview of performance measurement activities at
OJP.
Post award, recipients will be required to submit quarterly performance metrics through
BJA's Performance Measurement Tool (PMT), located at: https://bjapmt.ojp.qov. 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://bjapmt.ojp.qov/help/jaqdocs.html.
3 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.
20
BJA-2018-13626
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 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 be aware that certain project evaluations (such as systematic
investigations designed to develop or contribute to generalizable knowledge) may constitute
"research" for purposes of applicable DOJ human subjects protection regulations. However,
project evaluations that are intended only to generate internal improvements to a program or
service, or are conducted only to meet OJP's performance measure data reporting
requirements, likely do not constitute "research." Each applicant should provide sufficient
information for OJP to determine whether the particular project it proposes would either
intentionally or unintentionally collect and/or use information in such a way that it meets the
DOJ regulatory definition of research that appears at 28 C.F.R. Part 46 ("Protection of
Human Subjects").
Research, for the purposes of human subjects protection for OJP-funded programs, is
defined as "a systematic investigation, including research development, testing and
evaluation, designed to develop or contribute to generalizable knowledge." 28 C.F.R.
46.102(d).
For additional information on determining whether a proposed activity would constitute
research for purposes of human subjects protection, applicants should consult the decision
tree in the "Research and the Protection of Human Subjects" section of the "Requirements
related to Research"web page of the "Overview of Legal Requirements Generally
Applicable to OJP Grants and Cooperative Agreements- FY 2018 Awards" available
through the OJP Funding Resource Center at https://oip.gov/funding/index.htm. Every
prospective applicant whose application may propose a research or statistical component
also should review the "Data Privacy and Confidentiality Requirements" section on that web
page.
4. Budget and Associated Documentation
The Budget Detail Worksheet and the Budget Narrative are now combined in a single
document collectively referred to as the Budget Detail Worksheet. The Budget Detail
Worksheet is a user-friendly, fillable, Microsoft Excel-based document designed to calculate
totals. Additionally, the Excel workbook contains worksheets for multiple budget years that
can be completed as necessary. All applicants should use the Excel version when
completing the proposed budget in an application, except in cases where the
applicant does not have access to Microsoft Excel or experiences technical
difficulties. If an applicant does not have access to Microsoft Excel or experiences
technical difficulties with the Excel version, then the applicant should use the 508-compliant
accessible Adobe Portable Document Format (PDF) version.
21
BJA-2018-13626
Both versions of the Budget Detail Worksheet can be accessed at
httbs://olp.qov/fundinq/Apply/Forms/BudgetDetailWorksheet.htm.
a. Budget Detail Worksheet
The Budget Detail Worksheet should provide the detailed computation for each budget
line item, listing the total cost of each and showing how it was calculated by the
applicant. For example, costs for personnel should show the annual salary rate and the
percentage of time devoted to the project for each employee paid with grant funds. The
Budget Detail Worksheet should present a complete itemization of all proposed costs.
For questions pertaining to budget and examples of allowable and unallowable costs,
see the DOJ Grants Financial Guide at https://oip.gov/financialquide/DOJ/index.htm.
b. Budget Narrative
The budget narrative should thoroughly and clearly describe every category of expense
listed in the proposed budget detail worksheet. OJP expects proposed budgets to be
complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for
project activities). This narrative should include a full description of all costs,
including funds set aside for NIBRS project(s) and administrative costs (if
applicable).
An applicant should demonstrate in its budget narrative how it will maximize cost
effectiveness of award expenditures. Budget narratives should generally describe cost
effectiveness in relation to potential alternatives and the objectives of the project. For
example, a budget narrative should detail why planned in-person meetings are
necessary, or how technology and collaboration with outside organizations could be
used to reduce costs, without compromising quality.
The budget narrative should be mathematically sound and correspond clearly with the
information and figures provided in the Budget Detail Worksheet. The narrative should
explain how the applicant estimated and calculated all costs, and how those costs are
necessary to the completion of the proposed project. The narrative may include tables
for clarification purposes, but need not be in a spreadsheet format. As with the Budget
Detail Worksheet, the budget narrative should describe costs by year
c. Information on Proposed Subawards (if any), as well as on Proposed Procurement
Contracts (if any)
Applicants for OJP awards typically may propose to make "subawards." Applicants also
may propose to enter into procurement "contracts" under the award.
Whether an action—for federal grants administrative purposes—is a subaward or
procurement contract is a critical distinction as significantly different rules apply to
subawards and procurement contracts. If a recipient enters into an agreement that is a
subaward of an OJP award, specific rules apply—many of which are set by federal
statutes and DOJ regulations; others by award conditions. These rules place particular
responsibilities on an OJP recipient for any subawards the OJP recipient may make. The
rules determine much of what the written subaward agreement itself must require or
provide. The rules also determine much of what an OJP recipient must do both before
and after it makes a subaward. If a recipient enters into an agreement that is a
22
BJA-2018-13626
procurement contract under an OJP award, a substantially different set of federal rules
applies.
OJP has developed the following guidance documents to help clarify the differences
between subawards and procurement contracts under an OJP award and outline the
compliance and reporting requirements for each. This information can be accessed
online at https://olp.gov/traininq/traininq.htm.
• Subawards under OJP Awards and Procurement Contracts under Awards: A
Toolkit for OJP Recipients.
• Checklist to Determine Subrecipient or Contractor Classification.
• Sole Source Justification Fact Sheet and Sole Source Review Checklist.
In general, the central question is the relationship between what the third-party will do
under its agreement with the recipient and what the recipient has committed (to OJP) to
do under its award to further a public purpose (e.g., services the recipient will provide,
products it will develop or modify, research or evaluation it will conduct). If a third party
will provide some of the services the recipient has committed (to OJP) to provide, will
develop or modify all or part of a product the recipient has committed (to OJP) to
develop or modify, or conduct part of the research or evaluation the recipient has
committed (to OJP) to conduct, OJP will consider the agreement with the third party a
subaward for purposes of federal grants administrative requirements.
This will be true even if the recipient, for internal or other non-federal purposes, labels or
treats its agreement as a procurement, a contract, or a procurement contract. Neither
the title nor the structure of an agreement determines whether the agreement—for
purposes of federal grants administrative requirements—is a "subaward" or is instead a
procurement"contract" under an award. The substance of the relationship should be
given greater consideration than the form of agreement between the recipient and the
outside entity.
1. Information on proposed subawards and required certifications regarding
certain federal laws from certain subrecipients
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 units of local
government 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
23
BJA-2018-13626
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.
Required certifications, generally relating to various federal statutes, from any
proposed subrecipient that is a state or local government entity. Before a unit of local
government may subaward FY 2018 award funds to another unit of local government
or to a public institution of higher education, it will be required (by specific award
condition, the terms of which will govern) to obtain a properly executed certification,
generally relating to various specific federal laws, from the proposed subrecipient.
(This requirement regarding these federal laws will not apply to subawards to Indian
tribes). The specific certification the unit of local government must require from
another unit of local government will vary somewhat from the specific certification it
must require from a public institution of higher education. The forms will be posted
and available for download at: https://ojp.gov/funding/Explore/SampleCertifications-
8USC1373.htm.
2. Information on proposed procurement contracts (with specific justification
for proposed noncompetitive contracts over$150,000)
Unlike a recipient contemplating a subaward, a recipient of an OJP award generally
does not need specific prior federal authorization to enter into an agreement that—
for purposes of federal grants administrative requirements—is considered a
procurement contract, provided that(1) the recipient uses its own documented
procurement procedures and (2) those procedures conform to applicable federal law,
including the Procurement Standards of the (DOJ) Part 200 Uniform Requirements
(as set out at 2 C.F.R. 200.317 - 200.326). The Budget Detail Worksheet and budget
narrative should identify proposed procurement contracts. (As discussed above,
subawards must be identified and described separately from procurement contracts.)
The Procurement Standards in the Part 200 Uniform Requirements, however, reflect
a general expectation that agreements that (for purposes of federal grants
administrative requirements) constitute procurement "contracts" under awards will be
entered into on the basis of full and open competition. All noncompetitive (sole
source) procurement contracts must meet the OJP requirements outlined at
https://oip.gov/training/subawards-procurement.htm. If a proposed procurement
contract would exceed the simplified acquisition threshold—currently, $150,000—a
recipient of an OJP award may not proceed without competition unless and until the
recipient receives specific advance authorization from OJP to use a non-competitive
approach for the procurement. An applicant that (at the time of its application)
intends—without competition—to enter into a procurement contract that would
exceed $150,000 should include a detailed justification that explains to OJP why, in
the particular circumstances, it is appropriate to proceed without competition.
24
BJA-2018-13626
If the applicant receives an award, sole source procurements that do not exceed the
Simplified Acquisition Threshold (currently $150,000) must have written justification
for the noncompetitive procurement action maintained in the procurement file. If a
procurement file does not have the documentation that meets the criteria outlined in
2 C.F.R. 200, the procurement expenditures may not be allowable. Sole source
procurement over the $150,000 Simplified Acquisition Threshold must have prior
approval from OJP using a Sole Source Grant Adjustment Notice (GAN). Written
documentation justifying the noncompetitive procurement must be submitted with the
GAN and maintained in the procurement file.
d. Pre-Agreement Costs
For information on pre-agreement costs, see Section B. Federal Award Information.
5. Indirect Cost Rate Agreement(if applicable)
Indirect costs may be charged to an award only if:
(a) The recipient has a current (unexpired), federally approved indirect cost rate; or
(b) The recipient is eligible to use, and elects to use, the "de minimis" indirect cost rate
described in the (DOJ) Part 200 Uniform Requirements, as set out at 2 C.F.R.
200.414(f).
Note: This rule does not eliminate or alter the JAG-specific restriction in federal law that
charges for administrative costs may not exceed 10 percent of the award amount,
regardless of the approved indirect cost rate.
An applicant with a current (unexpired) federally approved indirect cost rate is to attach a
copy of the indirect cost rate agreement to the application. An applicant that does not have a
current federally approved rate may request one through its cognizant federal agency, which
will review all documentation and approve a rate for the applicant entity, or, if the applicant's
accounting system permits, applicants may propose to allocate costs in the direct cost
categories.
For assistance with identifying the appropriate cognizant federal agency for indirect costs,
please contact the ()CFO Customer Service Center at 1-800-458-0786 or at
ask.ocfo(c�usdoi.gov. If DOJ is the cognizant federal agency, applicants may obtain
information needed to submit an indirect cost rate proposal at:
www.oip.gov/funding/Apply/Resources/I ndirectCosts.pdf.
Certain OJP recipients have the option of electing to use the "de minimis" indirect cost rate.
An applicant that is eligible to use the "de minimis" rate that wishes to use the "de minimis"
rate should attach written documentation to the application that advises OJP of both-- (1) the
applicant's eligibility to use the "de minimis" rate, and (2) its election to do so. If an eligible
applicant elects the "de minimis" rate, costs must be consistently charged as either indirect
or direct costs, but may not be double charged or inconsistently charged as both. The "de
minimis" rate may no longer be used once an approved federally-negotiated indirect cost
rate is in place. (No entity that ever has had a federally-approved negotiated indirect cost
rate is eligible to use the "de minimis" rate.) For the "de minimis" rate requirements
(including additional information on eligibility to elect to use the rate), see Part 200 Uniform
Requirements, at 2 C.F.R. 200.414(f).
25
BJA-2018-13626
6. 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.
7. Financial Management and System of Internal Controls Questionnaire (including
applicant disclosure of high risk status)
Every OJP applicant is to download, complete, and submit the OJP Financial Management
and System of Internal Controls Questionnaire (Questionnaire) located at
https://oip.gov/funding/Apply/Resources/FinancialCapabilitv.pdf as part of its application.
The Questionnaire helps OJP assess the financial management and internal control
systems, and the associated potential risks of an applicant as part of the pre-award risk
assessment process.
The Questionnaire should only be completed by financial staff most familiar with the
applicant's systems, policies, and procedures in order to ensure that the correct responses
are recorded and submitted to OJP. The responses on the Questionnaire directly impact the
pre-award risk assessment and should accurately reflect the applicant's financial
management and internal control system at the time of the application. The pre-award risk
assessment is only one of multiple factors and criteria used in determining funding.
However, a pre-award risk assessment that indicates that an applicant poses a higher risk to
OJP may affect the funding decision and/or result in additional reporting requirements,
monitoring, special conditions, withholding of award funds, or other additional award
requirements.
Among other things, the form requires each applicant to disclose whether it currently is
designated "high risk" by a federal grant-making agency outside of DOJ. For purposes of
this disclosure, high risk includes any status under which a federal awarding agency
provides additional oversight due to the applicant's past performance, or other programmatic
or financial concerns with the applicant. If an applicant is designated high risk by another
federal awarding agency, the applicant must provide the following information:
• The federal awarding agency that currently designates the applicant high risk.
• The date the applicant was designated high risk.
• The high risk point of contact at that federal awarding agency (name, phone number,
and email address).
• The reasons for the high risk status, as set out by the federal awarding agency.
OJP seeks this information to help ensure appropriate federal oversight of OJP awards. An
applicant that is considered "high risk" by another federal awarding agency is not
automatically disqualified from receiving an OJP award. OJP may, however, consider the
26
B]A-2018-13626
information in award decisions, and may impose additional OJP oversight of any award
under this solicitation (including through the conditions that accompany the award
document).
8. Disclosure of Lobbying Activities
Each applicant must complete and submit a Disclosure of Lobbying Activities form (SF-LLL).
An applicant that expends any funds for lobbying activities is to provide all of the information
requested on the form. An applicant that does not expend any funds for lobbying activities is
to enter"N/A" in the text boxes for item 10 ("a. Name and Address of Lobbying Registrant"
and "b. Individuals Performing Services").
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.
OJP will not deny an application for an FY 2018 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
(and 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. Certifications by the Chief Legal Officer of the Applicant Government
The chief legal officer of an applicant unit of local government (e.g., the City Attorney) is to
carefully review the two certifications attached to this solicitation as Appendix B and
Appendix C. If the chief legal officer determines that he or she may execute the
certifications, the unit of local government is to submit the certification as part of its
application. (Note: this requirement does not apply to Indian tribal governments.)
As discussed further in the Federal Award Notices section, a unit of local government (other
than an Indian tribal government) applicant will be unable to make a valid award
acceptance of an FY 2018 JAG award unless and until both properly executed certifications
by its chief legal officer are received by OJP on or before the day the unit of local
government submits an executed award document.
11. Additional Attachments
a. 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;
27
BJA-2018-13626
• Please describe each practice; and
• Please explain how the law, policy, or practice complies with section 1373.
See Appendix E for a template that applicants may use to prepare this attachment.
Note: Responses to these questions must be provided by the applicant 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.
OJP will not deny an application for an FY 2018 award for failure to submit these
required responses by the application deadline, but a unit of local government will not be
able to access award funds (and its award will include a condition that withholds funds)
until it submits these responses.
b. 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 identical cost items outlined in the
budget submitted to OJP as part of the application under this solicitation. The applicant
is to disclose applications made directly to federal awarding agencies, and also
applications for subawards of federal funds (e.g., applications to state agencies that will
subaward ("subgrant") federal funds).
OJP seeks this information to help avoid any inappropriate duplication of funding.
Leveraging multiple funding sources in a complementary manner to implement
comprehensive programs or projects is encouraged and is not seen as inappropriate
duplication.
Each applicant that has one or more pending applications as described above is to
provide the following information about pending applications submitted within the last 12
months:
• The federal or state funding agency
• The solicitation name/project name
• The point of contact information at the applicable federal or state funding agency
28
BJA-2018-13626
Federal or State Solicitation Name/Phone/Email for Point of Contact at
Funding Agency Name/Project Federal or State Funding Agency
Name
DOJ/Office of COPS Hiring Jane Doe, 202/000-0000;jarlie.doe@usdoj.gov
Community Program
Oriented Policing
Services (COPS)
Health & Human Drug-Free John Doe, 202/000-0000; john.doe@hhs.gov
Services/ Communities
Substance Abuse Mentoring
and Mental Health Program/ North
Services County Youth
Administration Mentoring
Program
Each applicant should include the table as a separate attachment to its application. The
file should be named "Disclosure of Pending Applications." The applicant Legal Name on
the application must match the entity named on the disclosure of pending applications
statement.
Any applicant that does not have any pending applications as described above is to
submit, as a separate attachment, a statement to this effect: "[Applicant Name on SF-
424] does not have (and is not proposed as a subrecipient under) any pending
applications submitted within the last 12 months for federally funded grants or
cooperative agreements (or for subawards under federal grants or cooperative
agreements) that request funding to support the same project being proposed in this
application to OJP and that would cover identical cost items outlined in the budget
submitted as part of this application."
c. Research and Evaluation Independence and Integrity (if applicable)
If an application involves 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. The
applicant must demonstrate independence and integrity regarding both this proposed
research and/or evaluation, and any current or prior related projects.
Each application should include an attachment that addresses both i. and ii. below.
i. For purposes of this solicitation, each applicant is to document research and
evaluation independence and integrity by including one of the following two
items:
a. A specific assurance that the applicant has reviewed its application to
identify any actual or potential apparent conflicts of interest(including
through review of pertinent information on the principal investigator, any
co-principal investigators, and any subrecipients), and that the applicant
has identified no such conflicts of interest—whether personal or financial
or organizational (including on the part of the applicant entity or on the
part of staff, investigators, or subrecipients)—that could affect the
29
BJA-2018-13626
independence or integrity of the research, including the design, conduct,
and reporting of the research.
OR
b. A specific description of actual or potential apparent conflicts of interest
that the applicant has identified—including through review of pertinent
information on the principal investigator, any co-principal investigators,
and any subrecipients—that could affect the independence or integrity of
the research, including the design, conduct, or reporting of the research.
These conflicts may be personal (e.g., on the part of investigators or other
staff), financial, or organizational (related to the applicant or any
subrecipient entity). Some examples of potential investigator(or other
personal) conflict situations are those in which an investigator would be in
a position to evaluate a spouse's work product (actual conflict), or an
investigator would be in a position to evaluate the work of a former or
current colleague (potential apparent conflict). With regard to potential
organizational conflicts of interest, as one example, generally an
organization would not be given an award to evaluate a project, if that
organization had itself provided substantial prior technical assistance to
that specific project or a location implementing the project (whether
funded by OJP or other sources), because the organization in such an
instance might appear to be evaluating the effectiveness of its own prior
work. The key is whether a reasonable person understanding all of the
facts would be able to have confidence that the results of any research or
evaluation project are objective and reliable. Any outside personal or
financial interest that casts doubt on that objectivity and reliability of an
evaluation or research product is a problem and must be disclosed.
ii. In addition, for purposes of this solicitation, each applicant is to address possible
mitigation of research integrity concerns by including, at a minimum, one of the
following two items:
a. If an applicant reasonably believes that no actual or potential apparent
conflicts of interest (personal, financial, or organizational) exist, then the
applicant should provide a brief narrative explanation of how and why it
reached that conclusion. The applicant also is to include an explanation of
the specific processes and procedures that the applicant has in place, or
will put in place, to identify and prevent (or, at the very least, mitigate) any
such conflicts of interest pertinent to the funded project during the period
of performance. Documentation that may be helpful in this regard may
include organizational codes of ethics/conduct and policies regarding
organizational, personal, and financial conflicts of interest. There is no
guarantee that the plan, if any, will be accepted as proposed.
OR
b. If the applicant has identified actual or potential apparent conflicts of
interest (personal, financial, or organizational) that could affect the
independence and integrity of the research, including the design, conduct,
30
BJA-2018-13626
or reporting of the research, the applicant is to provide a specific and
robust mitigation plan to address each of those conflicts. At a minimum,
the applicant is expected to explain the specific processes and
procedures that the applicant has in place, or will put in place, to identify
and eliminate (or, at the very least, mitigate) any such conflicts of interest
pertinent to the funded project during the period of performance.
Documentation that may be helpful in this regard may include
organizational codes of ethics/conduct and policies regarding
organizational, personal, and financial conflicts of interest. There is no
guarantee that the plan, if any, will be accepted as proposed.
OJP will assess research and evaluation independence and integrity based on
considerations such as the adequacy of the applicant's efforts to identify factors that
could affect the objectivity or integrity of the proposed staff and/or the applicant entity
(and any subrecipients) in carrying out the research, development, or evaluation activity;
and the adequacy of the applicant's existing or proposed remedies to control any such
factors.
d. Local Governing Body Review
Applicants must submit information via the Certification and Assurances by the Chief
Executive (See Appendix A) which 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 less than 30
days before the application was submitted to BJA. The same Chief Executive
Certification will also specify 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. In the past, this has been
accomplished via submission of specific review dates; now, OJP will only accept a chief
executive's certification to attest to these facts. Units of local government may continue
to submit actual dates of review, should they wish to do so, in addition to the submission
of the Chief Executive Certification.
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. Each applicant
entity must register in GMS for each specific funding opportunity and should register
promptly to meet the GMS registration deadline for this funding opportunity, especially if this is
the first time the applicant is using the system. Find complete instructions on how to register and
submit an application in GMS at www.ojp.gov/gmscbt/. An applicant that experiences technical
difficulties during this process should email GMS.HelpDesk(a�usdoi.gov or call 888-549-9901
(option 3), available 24 hours a day, 7 days a week, including on federal holidays. OJP
recommends that each applicant register promptly to prevent delays in submitting an
application package by the deadline.
Note on File Types: GMS does not accept executable file types as application
attachments. These disallowed file types include, but are not limited to, the following
extensions: ".com," ".bat," ".exe," ".vbs," ".cfg," ".dat," ".db," ".dbf," ".dll," ".ini," ".log," ".ora," ".sys,"
and ".zip." GMS may reject applications with files that use these extensions. It is important to
allow time to change the type of file(s) if the application is rejected.
31
BJA-2018-13626
Unique Entity Identifier(DUNS Number) and System for Award Management (SAM)
Every applicant entity must comply with all applicable System for Award Management (SAM)
and unique entity identifier(currently, a Data Universal Numbering System [DUNS] number)
requirements. SAM is the repository for certain standard information about federal financial
assistance applicants, recipients, and subrecipients. A DUNS number is a unique nine-digit
identification number provided by the commercial company Dun and Bradstreet. More detailed
information about SAM and the DUNS number is in the numbered sections below.
If an applicant entity has not fully complied with the applicable SAM and unique identifier
requirements by the time OJP makes award decisions, OJP may determine that the applicant is
not qualified to receive an award and may use that determination as a basis for making the
award to a different applicant.
If the applicant entity already has an Employer Identification Number (EIN), the SAM registration
will take up to two weeks to process. If the entity does not have an EIN, then the applicant
should allow two to five weeks for obtaining the information from IRS when requesting
the EIN via phone, fax, mail or Internet. For more information about EIN, visit
https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin.
Registration and Submission Steps
All applicants should complete the following steps:
1. Acquire a unique entity identifier(DUNS number). In general, the Office of Management
and Budget requires every applicant for a federal award (other than an individual) to include
a "unique entity identifier" in each application, including an application for a supplemental
award. Currently, a DUNS number is the required unique entity identifier.
This unique entity identifier is used for tracking purposes, and to validate address and point
of contact information for applicants, recipients, and subrecipients. It will be used throughout
the life cycle of an OJP award. Obtaining a DUNS number is a free, one-time activity. Call
Dun and Bradstreet at 866-705-5711 to obtain a DUNS number or apply online at
www.dnb.com/. A DUNS number is usually received within 2 business days.
2. Acquire or maintain registration with SAM. Any applicant for an OJP award creating a
new entity registration (or updating or renewing a registration) in SAM.gov must submit an
original, signed notarized letter appointing the authorized Entity Administrator within thirty
(30) days of the registration activation. Notarized letters must be submitted via U.S.
Postal Service Mail. Read the Alert at www.sam.qov to learn more about what is
required in the notarized letter, and read the Frequently Asked Questions (FAQs) at
www.gsa.gov/samupdate to learn more about this process change.
All applicants for OJP awards (other than individuals) must maintain current registrations in
the SAM database. Applicants will need the authorizing official of the organization and an
Employer Identification Number(EIN).
Information about SAM registration procedures can be accessed at https://www.sam.gov/.
3. Acquire a GMS username and password. New users must create a GMS profile by
selecting the "First Time User" link under the sign-in box of the GMS home page. For more
information on how to register in GMS, go to www.oip.gov/qmscbt. Previously registered
32
BJA-2018-13626
applicants should ensure, prior to applying, that the user profile information is up-to-date in
GMS (including, but not limited to, address, legal name of agency and authorized
representative) as this information is populated in any new application.
4. Verify the SAM (formerly CCR) registration in GMS. OJP requires each applicant to verify
its SAM registration in GMS. Once logged into GMS, click the "CCR Claim" link on the left
side of the default screen. Click the submit button to verify the SAM (formerly CCR)
registration.
5. Search for the funding opportunity on GMS. After logging into GMS or completing the
GMS profile for username and password, go to the "Funding Opportunities" link on the left
side of the page. Select "BJA" and "FY 18 Edward Byrne Memorial Local Justice
Assistance Grant(JAG) Program."
6. Register by selecting the "Apply Online" button associated with the funding
opportunity title. The search results from step 5 will display the "funding opportunity"
(solicitation)title along with the registration and application deadlines for this solicitation.
Select the "Apply Online" button in the "Action" column to register for this solicitation and
create an application in the system.
7. Follow the directions in GMS to submit an application consistent with this
solicitation. Once the application is submitted, GMS will display a confirmation screen
stating the submission was successful. Important: In some instances, applicants must wait
for GMS approval before submitting an application. OJP urges each applicant to submit its
application at least 72 hours prior to the application due date.
Note: Application Versions
If an applicant submits multiple versions of the same application, OJP will review only the most
recent system-validated version submitted.
Experiencing Unforeseen GMS Technical Issues
An applicant that experiences unforeseen GMS technical issues beyond its control that prevent
it from submitting its application by the deadline may contact the GMS Help Desk or the SAM
Help Desk (Federal Service Desk) at https://www.fsd.qov/fsd-qov/home.do to report the
technical issue and receive a tracking number. The applicant must email the NCJRS Response
Center identified in the Contact Information section on the title page within 24 hours after the
application deadline to request approval to submit its application after the deadline. The
applicant's email must describe the technical difficulties, and must include a timeline of the
applicant's submission efforts, the complete grant application, the applicant's DUNS number,
and any GMS Help Desk or SAM tracking number(s).
Note: OJP does not automatically approve requests to submit a late application. After
OJP reviews the applicant's request, and contacts the GMS Help Desk to verify the reported
technical issues, OJP will inform the applicant whether the request to submit a late application
has been approved or denied. If OJP determines that the untimely application submission was
due to the applicant's failure to follow all required procedures, OJP will deny the applicant's
request to submit its application.
33
BJA-2018-13626
The following conditions generally are insufficient to justify late submissions to OJP solicitations:
• Failure to register in SAM or GMS in sufficient time (SAM registration and renewal can
take as long as 10 business days to complete.)
• Failure to follow GMS instructions on how to register and apply as posted on the GMS
website
• Failure to follow each instruction in the OJP solicitation
• Technical issues with the applicant's computer or information technology environment
such as issues with firewalls
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. BJA will also review
applications to help ensure that JAG program-statute requirements have been met.
Pursuant to the Part 200 Uniform Requirements, before award decisions are made, OJP also
reviews information related to the degree of risk posed by applicants. Among other things, to
help assess whether an applicant that has one or more prior federal awards has a satisfactory
record with respect to performance, integrity, and business ethics, OJP checks whether the
applicant is listed in SAM as excluded from receiving a federal award.
In addition, if OJP anticipates that an award will exceed $150,000 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. The evaluation of
risks goes beyond information in SAM, however. OJP itself has in place a framework for
evaluating risks posed by applicants. OJP takes into account information pertinent to matters
such as:
(1) Applicant financial stability and fiscal integrity
(2) Quality of the management systems of the applicant, and the applicant's ability to meet
prescribed management standards, including those outlined in the DOJ Grants Financial
Guide
(3) Applicant's history of performance under OJP and other DOJ awards (including
compliance with reporting requirements and award conditions), as well as awards from
other federal agencies
(4) Reports and findings from audits of the applicant, including audits under the (DOJ) Part
200 Uniform Requirements
(5) Applicant's ability to comply with statutory and regulatory requirements, and to effectively
implement other award requirements
34
BJA-2018-13626
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
Award notifications are expected to be made by September 30, 2018. OJP sends award
notifications by email through GMS to the individuals listed in the application as the point of
contact and the authorizing official. The email notification includes detailed instructions on how
to access and view the award documents, and steps to take in GMS to start the award
acceptance process. GMS automatically issues the notifications at 9:00 p.m. eastern time on
the award date.
NOTE: In order to validly accept an award under the FY 2018 JAG Program, a unit of local
government (other than an Indian tribal government) must submit to GMS the certification by its
chief legal officer regarding compliance with certain federal laws, executed using the forms that
appear in Appendices B and C. (The forms also may be downloaded at
https://oip.gov/funding/Explore/SampleCertifications-8USC1373.htm.) Unless the executed
certifications either (1) are submitted to OJP together with the signed award document or (2) are
uploaded in GMS no later than the day the signed award document is submitted, OJP will
reject as invalid any submission by a unit of local government (other than an Indian tribal
government) that purports to accept an award under this solicitation.
Rejection of an initial submission as an invalid award acceptance is not a denial of the award.
Consistent with award requirements, once the unit of local government does submit the
necessary certification regarding compliance with certain federal laws, the unit of local
government will be permitted to submit an award document executed by the unit of local
government on or after the date of those certifications.
Also, in order for an applicant validly to accept an award under the FY 2018 JAG program, an
individual with the necessary authority to bind the applicant will be required to log in; execute a
set of legal certifications and a set of legal assurances; designate a financial point of contact;
thoroughly review the award, including all award conditions; and sign and accept the award.
The award acceptance process requires physical signature of the award document by the
authorized representative and the scanning of the fully-executed award document (along with
the required certifications regarding compliance with certain federal laws, if not already
uploaded in GMS) to OJP.
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 and
common OJP award conditions prior to submitting an application.
Applicants should consult the "Overview of Legal Requirements Generally Applicable to OJP
Grants and Cooperative Agreements - FY 2018 Awards," available in the OJP Funding
Resource Center at https://oip.gov/fundingtindex.htm. In addition, applicants should examine the
35
BJA-2018-13626
following two legal documents, as each successful applicant must execute both documents in
GMS before it may receive any award funds. (An applicant is not required to submit these
documents as part of an application.)
• Certifications Regarding Lobbyingl Debarment, Suspension and Other Responsibility
Matters; and Druq-Free Workplace Requirements
• Certified Standard Assurances
The web pages accessible through the "Overview of Legal Requirements Generally Applicable
to OJP Grants and Cooperative Agreements - FY 2018 Awards" are intended to give applicants
for OJP awards a general overview of important statutes, regulations, and award conditions that
apply to many (or in some cases, all) OJP grants and cooperative agreements awarded in FY
2018. Individual OJP awards typically also will include additional award conditions. Those
additional conditions may relate to the particular statute, program, or solicitation under which the
award is made; to the substance of the funded application; to the recipient's performance under
other federal awards; to the recipient's legal status (e.g., as a for-profit entity); or to other
pertinent considerations.
Individual FY 2018 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 violate, or aid or abet any violation of, 8 U.S.C. § 1324(a) (forbidding any "person," in
"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," to "conceal, harbor, or shield from detection, or
attempt to conceal, harbor, or shield from detection, such alien in any place, including any
building or any means of transportation" or to "engage in any conspiracy to commit any of
the preceding acts ... "or aid or abet the commission of any of the preceding acts").
• 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
36
BJA-2018-13626
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 OHS agents to have access to any
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 requests 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.)
Awards that exceed $500,000 will include an additional condition that, under specific
circumstances, will require the recipient to report (to FAPIIS) information on civil, criminal, and
administrative proceedings connected with (or connected to the performance of) either the OJP
award or any other grant, cooperative agreement, or procurement contract from the federal
government. Additional information on this reporting requirement appears in the text of the
award condition posted on the OJP website at: https://oip.gov/funding/FAPIIS.htm.
Data on performance measures. In addition to required reports, each award recipient also must
provide data that measure the results of the work done under the award. To demonstrate
program progress and success, as well as to assist DOJ with fulfilling its responsibilities under
the Government Performance and Results Act of 1993 (GPRA), Public Law 103-62, and the
GPRA Modernization Act of 2010, Public Law 111-352, OJP will require any award recipient,
post award, to provide accountability metrics data as part of regular progress reporting.
Accountability metrics data must be submitted through BJA's Performance Measurement Tool
(PMT), available at https://bjapmt.olp.gov. The accountability measures are available at:
https://biapmt.oip.gov/help/lagdocs.html. (Note: 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.) Successful applicants will be required to access
OJP's performance measurement page at www.oip.gov/performance for an overview of
performance measurement activities at OJP.
OJP may restrict access to award funds if a recipient of an OJP award fails to report the
required accountability metrics data in a timely manner.
37
BJA-2018-13626
G. Federal Awarding Agency Contact(s)
For OJP contact(s), see the title page.
For contact information for GMS, see the title page.
H. Other Information
Freedom of Information Act 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. By law, DOJ may withhold
information that is responsive to a request pursuant to FOIA if DOJ determines that the
responsive information either is protected under the Privacy Act or falls within the scope of one
of nine statutory exemptions under FOIA. DOJ cannot agree in advance of a request pursuant
to FOIA not to release some or all portions of an application.
In its review of records that are responsive to a FOIA request, OJP will withhold information in
those records that plainly falls within the scope of the Privacy Act or one of the statutory
exemptions under FOIA. (Some examples include certain types of information in budgets, and
names and contact information for project staff other than certain key personnel.) In appropriate
circumstances, OJP will request the views of the applicant/recipient that submitted a responsive
document.
For example, if OJP receives a request pursuant to FOIA for an application submitted by a
nonprofit or for-profit organization or an institution of higher education, or for an application that
involves research, OJP typically will contact the applicant/recipient that submitted the
application and ask it to identify—quite precisely—any particular information in the application
that applicant/recipient believes falls under a FOIA exemption, the specific exemption it believes
applies, and why. After considering the submission by the applicant/recipient, OJP makes an
independent assessment regarding withholding information. OJP generally follows a similar
process for requests pursuant to FOIA for applications that may contain law-enforcement
sensitive information.
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. Provide feedback to OJPSolicitationFeedbackCa}usdoi.gov.
IMPORTANT: This email is for feedback and suggestions only. OJP does not reply to
messages it receives in this mailbox. A prospective applicant that has specific questions on any
program or technical aspect of the solicitation must use the appropriate telephone number or
email listed on the front of this solicitation document to obtain information. These contacts are
provided to help ensure that prospective applicants can directly reach an individual who can
address specific questions in a timely manner.
If you are interested in being a reviewer for other OJP grant applications, please email your
résumé to oipprsupport(7a usdoi.gov. (Do not send your résumé to the OJP Solicitation Feedback
email account.) Note: Neither you nor anyone else from your organization or entity can be a
38
BJA-2018-13626
peer reviewer in a competition in which you or your organization/entity has submitted an
application.
39
BJA-2018-13626
Appendix A
Certifications and Assurances by the Chief Executive of the Applicant Government
Template for use by chief executive of the unit of local government (e.g., the mayor)
Visit https://oip.gov/funding/Explore/SampleCertifications-8USC1373.htm to download the most
up-to-date version.
Note: 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 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.
40
BJA-2018-13626
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Edward Byrne Justice Assistance Grant Program FY 2018 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 far an award
under the FY 2018 Edward Byrne Justice Assistance Grant("JAG")Program,and further to 34 U.S.C. §10153(a). I
certify under penalty of perjury 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 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 wouid,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 asstre 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 certify that—(a)the programs to be funded by the award(if any)that OJP makes based on the application
described above meet all the requirements of the JAG Program statute(34 U.S.C. §§1 01 51-1 01 58); (b)all the
information contained in that application is correct;(c)in connection with that application,there has been
appropriate coordination with affected agencies;and(d)in connection with that award(if any), the applicant unit
of local government will comply with all provisions of the JAG Program statute and all other applicable federal
laws.
7. i have examined certification entitled'State or Local Government: FY 2018 Certification of Compliance with 8
U.S.C. §§1373&1644'executed by the chief legal officer of the applicant government with respect to the FY
2018 JAG program and submitted in support of the application described above, and I hereby adopt that
certification as my own on behalf of that government. (This provision is not applicable to Indian tribal
government applicants.)
8. I have examined certification entitled"State or Local Government:FY 2018 Certification Relating to 8
-1226(a)&(c),1231(a)(4), 1357(a),&1366(1)&(3)"executed by the chief legal officer of the applicant
government with respect to the FY 2018 JAG program and submitted in support of the application described
above, and I hereby adopt that certification as my own on behalf of that government (This provision is not
applicable to Indian tribal government applicants.)
I acknowledge that a materially false,fictitious, or fraudulent statement(or concealment or omission of a material fact)
in this certification,or in the application that it supports. 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 subject me and the applicant unit of
local government to civil penalties and administrative remedies for false claims or otherwise(including under 31
U.S.C. §§3729-3730 and§§3801-3812). I also acknowledge that OJP awards, including certifications provided in
connection with such awards,are subject to review by USDOJ, including by OJP and by the USDOJ Office of the
Inspector General.
Signature of Chief Executive of the Applicant Unit of Date of Certification
Local Government
Primed Name of Chief Executive Title of Chief Executive
Name of Applicant Unit of Local Government
41
BJA-2018-13626
Appendix B
State or Local Government:
Certification of Compliance with 8 U.S.C. §§ 1373 and 1644
Template for use by the chief legal officer of the unit of local government (e.g., the city attorney)
Visit https://olp.aov/fundinq/Explore/SampleCertifications-8USC1373.htm to download the most
up-to-date version.
Note: This Certification is not required by Indian tribal government applicants.
42
BJA-2018-13626
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Local Government: FY 2018 Certification of Compliance with 8 U.S.C. §§ 1373 & 1644
On behalf of the applicant government entity named below,and in support of its application, I certify under penalty of perjury 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 legal officer of the State or local government of which the applicant entity named below is a part("the
jurisdiction"),and I have the authority to make this certification on behalf of the jurisdiction and the applicant entity(that
is,the entity applying directly to OJP). I understand that OJP will rely upon this certification as a material
representation in any decision to make an award to the applicant entity.
(2) I have carefully reviewed 8 U.S.C.§§1373(a)&(b),and 1644, including the prohibitions on certain actions by State
and local government entities,-agencies,and-officials regarding information on citizenship and immigration status. I
also have reviewed the provisions set out at(or referenced in)8 U.S.C. §1551 note("Abolition ... and Transfer of
Functions"),pursuant to which references to the"Immigration and Naturalization Service"in 8 U.S.C. §§1373&1644
are to be read,as a legal matter,as references to particular components of the U.S.Department of Homeland Security.
(3) I (and also the applicant entity)understand that the U.S. Department of Justice will require States and local
governments(and agencies or other entities thereof)to comply with 8 U.S.C. §§1373&1644,with respect to any
"program or activity"funded in whole or in part with the federal financial assistance provided through the FY 2018 OJP
program under which this certification is being submitted (the"FY 2018 OJP Program"identified below),specifically
including any such"program or activity"of a governmental entity or-agency that is a subrecipient(at any tier)of funds
under the FY 2018 OJP Program.
(4) I (and also the applicant entity)understand that,for purposes of this certification,"program or activity"means what it
means under title VI of the Civil Rights Act of 1964(see 42 U.S.C. §2000d-4a),and that terms used in this certification
that are defined in 8 U.S.C.§1101 mean what they mean under that section 1101,except that the term"State"also
shall include American Samoa(cf.34 U.S.C.§10251(a)(2)).Also, I understand that,for purposes of this certification,
neither a"public"institution of higher education(i.e.,one that is owned,controlled,or directly funded by a State or local
government)nor an Indian tribe is considered a State or local government entity or-agency.
(5) I have conducted(or caused to be conducted for me)a diligent inquiry and review concerning both—
(a) the"program or activity"to be funded(in whole or in part)with the federal financial assistance sought
by the applicant entity under this FY 2018 OJP Program;and
(b) any prohibitions or restrictions potentially applicable tothe"program or activity"sought to be funded
under the FY 2018 OJP Program that deal with sending to, requesting or receiving from,
maintaining,or exchanging information of the types described in 8 U.S.C. §§1373(a)&(b),and
1644,whether imposed by a State or local government entity,-agency,or-official.
(6) As of the date of this certification, neither the jurisdiction nor any entity,agency,or official of the
jurisdiction has in effect, purports to have in effect,or is subject to or bound by,any prohibition or any
restriction that would apply to the"program or activity"to be funded in whole or in part under the FY 2018 OJP
Program(which,for the specific purpose of this paragraph 6,shall not be understood to include any such
"program or activity"of any subrecipient at any tier),and that deals with either—(1)a government entity or
-official sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C.§§1373(a)
&1644;or(2)a government entity or-agency sending to, requesting or receiving from,maintaining,or exchanging
information of the types(and with respect to the entities)described in 8 U.S.C.§1373(b).
I acknowledge that a materially false,fictitious,or fraudulent statement(or concealment or omission of a material fact) in this
certification,or in the application that it supports,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 subject me and the applicant entity to civil penalties and
administrative remedies for false claims or otherwise(including under 31 U.S.C. §§3729-3730 and§§3801-3812). I also
acknowledge that OJP awards, including certifications provided in connection with such awards,are subject to review by
USDOJ, including by OJP and by the USDOJ Office of the Inspector General.
Signature of Chief Legal Officer of the Jurisdiction Printed Name of Chief Legal Officer
Date of Certification Title of Chief Legal Officer of the Jurisdiction
Name of Applicant Government Entity(i.e.,the applicant to the FY 2018 OJP Program identified below)
FY2018 OJP Program: Byrne Justice Assistance Grant (JAG) Program: Local
43
BJA-2018-13626
Appendix C
State or Local Government:
Certification of Compliance with 8 U.S.C. §§ 1226(a) & (c), 1231(a)(4), 1324(a), 1357(a),
and 1366(1) &(3)
Template for use by chief legal officer of the unit of local government (e.g., the city attorney)
Visit httos://oip.00v/funding/Explore/SampleCertifications-8USC1373.htm to download the most
up-to-date version.
Note: This Certification is not required by Indian tribal government applicants.
44
BJA-2018-13626
U.S.DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Local Government: FY 2018 Certification Relating to
8 U.S.C.§§1226(a)&(c), 1231(a)(4), 1324(a), 1357(a), & 1366(1)&(3)
On behalf of the applicant government entity named below,and in support of its applicator,I certify under penalty of perjury 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 legal officer of the unit of local government of which the applicant entity named below is a part("the junsdction"),and I
have the authority to make this certification on behalf of the jurisdiction and the applicant entity(that is,the entity applying directly to OJP).
I understand that OJP will rely upon this certification as a material representation in any decision to make an award to the applicant entity.
2. I have carefully reviewed each of the following sections of title 8.United States Code:
a. §1226(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");
b. §1231(a)(4)(federal government may not"remove an alien who is sentenced to imprisonment until the alien is released from
imprisonment");
c. §1324(a)(forbidding any"person,"in"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,"to"conceal°,harbor°,or shield°from detection,or attempt[]to conceal,harbor,or shield from
detection,such alien in any place,including any building or any means of transportation'or to"engage in any conspiracy to commit
any of the preceding acts...or aid°or abet°the commission of any of the preceding acts"),
d. §1357(a)(authorizing Immigration officers,"anywhere in or outside the United States"(see 8 C F.R.§287,5(a)),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
e. §136b3(1)&(3)(requiring the Attorney General annually to submit to Congress"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;
(arid](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).
3. I(and also the applicant entity)understand that USDOJ will require States and local governments(including State and local
government entities,-agencies,and-officials),with respect to any"program or activity funded in whole or in part with the federal financial
assistance provided through the FY 2018 OJP program under which this certification is being submitted(the"FY 2018 OJP Program'
identified below),specifically including any such"program or activity'of a governmental entity or-agency that is a subrecipient(at any tier)
of funds under the FY 2018 OJP Program,not to violate,or to aid or abet any violation of,8 U S.C.§1324(a).and not to impede the
exercise by federal officers of authority under 8 U.S.C.§1357(a)or relating to 8 U.S.C.§1366(1)&(3)or 8 U.S.C.§1226(a)&(c).
4. I(and also the applicant entity)understand that,for purposes of this certification,"program or activity'means what it means under title
VI of the Civil Rights Act of 1964(see 42 U.S.C.§2000d-4a),and that terms used in this certification that are defined in 8 U.S.0 §1101
mean what they mean under that section 1101,except that the term°State"also shall include American Samoa(cf 34 U.S.G.
§10251(a)(2)). Also,I understand that,for purposes of this certification,neither a"public"institution of higher education(i.e.,one that is
owned,controlled,or directly funded by a State or local government)nor an Indian tribe is considered a State or local government entity or
-agency.
5. I have conducted(or caused to be conducted for me)a diligent inquiry and review concerning Both—
a. the"program or activity'to be funded(in whole or in part)with the federal financial assistance sought by the applicant entity under
this FY 2018 OJP Program;and
b. any laws,rules,policies,or practices potentially applicable to the"program or activity"sought to be funded under the FY 2018 OJP
Program that implicate any of the requirements relating to 8 U.S.C.§§1226(a)&(c), 1324(a), 1357(a),&1366(f)&(3)that are
described in¶3 of this certification,whether imposed by a State or local government entity,-agency,or-official
6. As of the date of this certification,neither the jurisdiction nor any entity,agency,or official of the jurisdiction has in effect purports to
have in effect or is subject to or bound by,any law,rule,policy,or practice that would apply to the"program or activity"to be funded in
whole or in part under the FY 2018 OJP Program(which,for the specific purpose of this paragraph 6,shall not be understood to include
any such"program or activity"of any subrecipient at any tier),and that would or does—(1)violate,or aid or abet any violation of,8 U.S.C.
§1324(a);(2)impede the exercise by federal officers of authority under 8 U.S.C.§1357(a);(3)impede the exercise by federal officers of
authority relating to 8 U.S.C.§1366(1)&(3);or(4)impede the exercise by federal officers of authority relating to 8 U S.C.§1226(a)&(c)
I acknowledge that a materially false,fictitious,or fraudulent statement(or concealment or omission of a material fact)in this certification,or in
the application that it supports,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),arid also may subject me and the applicant entity to civil penalties and administrative remedies for false claims or otherwise
(including under 31 U.S.C.§§3729-3730 and§§3801-3812). I also acknowledge that OJP awards,including associated certifications,are
subject to revew by USDOJ,including by OJP and the USDOJ Office of the Inspector General.
Signature of Chief Legal Officer of the Jurisdiction Printed Name of Chief Legal Officer
Date of Certfication Title of Chief Legal Officer of the Jurisdiction
Name of Applicant Government Entity(i.e.,the applicant to the FY 2018 OJP Program identified below
FY 2018 O1P Program: Byrne Justice Assistance Grant(JAG)Program:Local
45
BJA-2018-13626
Appendix D
Certain relevant federal laws, as in effect on June 7, 2018
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--
46
BJA-2018-13626
(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.
47
BJA-2018-13626
(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;
48
BJA-2018-13626
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
49
B]A-2018-13626
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
50
BJA-2018-13626
(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;
***
51
BJA-2018-13626
Appendix E
Information regarding Communication with the Department of Homeland Security (OHS)
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
Appendix F
Additional purposes for which JAG funds awarded to a state under this FY 2018
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
53
B]A-2018-13626
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
54
BJA-2018-13626
(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.
55
B]A-2018-13626
Appendix G
Application Checklist
Edward Byrne Memorial Justice Assistance Grant (JAG) Program:
FY 2018 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 page 31)
Acquire or renew registration with SAM (see page 32)
To Register with GMS:
For new users, acquire a GMS username and password* (see page 32)
For existing users, check GMS username and password* to ensure account access
(see page 32)
Verify SAM registration in GMS (see page 32)
Search for correct funding opportunity in GMS (see page 32)
Select correct funding opportunity in GMS (see page 32)
Register by selecting the "Apply Online" button associated with the funding opportunity
title (see page 32)
Read OJP policy and guidance on conference approval, planning, and reporting
available at oip.qov/financialquide/DOJ/PostawardRequirements/chapter3.10a.htm
(see page 17)
If experiencing technical difficulties in GMS, contact the NCJRS Response Center
(see pages 2 and 33)
*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 2018 Awards" in the OJP Funding Resource Center at
https://ojp.gov/fundinWindex.htm.
Scope Requirement:
The federal amount requested is within the allowable limit(s) of the FY 2018 JAG
Allocations List as listed on BJA's JAG web page.
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 of
56
BJA-2018-13626
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.
What an Application Should Include:
Application for Federal Assistance (SF-424) (see page 19)
Intergovernmental Review (see page 19)
Project Identifiers (see page 19)
Program Narrative (see page 20)
Budget Detail Worksheet (see page 21)
Budget Narrative (see page 22)
Indirect Cost Rate Agreement (if applicable) (see page 25)
Tribal Authorizing Resolution (if applicable) (see page 26)
Financial Management and System of Internal Controls Questionnaire (see page 26)
Disclosure of Lobbying Activities (SF-LLL) (if applicable) (see page 27)
Certifications and Assurances by Chief Executive (see page 27)
Certification of Compliance with 8 U.S.C. § 1373 by Chief Legal Officer (Note: this
requirement does not apply to Indian tribal governments.) (see page 27)
OJP Certified Standard Assurances (see pages 39-44)
Additional Attachments
Applicant Disclosure of Pending Applications (see page 28)
Research and Evaluation Independence and Integrity (if applicable) (see page 29)
57
BJA-2018-13626
EXHIBIT B
U.S.Department of Justice
Office of Justice Programs
PAGE 1 OF 23
Bureau of Justice Assistance Grant
1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2018-DJ-BX-0884
City of Pompano Beach
100 W.Atlantic Blvd 5.PROJECT PERIOD:FROM 10/012017 TO 09/30/2021
Pompano Beach,FL 33060-6099
BUDGET PERIOD:FROM 10/012017 TO 09/30/2021
6.AWARD DATE 10/012018 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 $515,879
FY 18 JAG Grant
11.TOTAL AWARD $515,879
12.SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13.STATUTORY AUTHORITY FOR GRANT
This project is supported under FY18(BJA-JAG State&JAG Local)Title I of Pub.L.No.90-351(generally codified at 34 U.S.C.10101-10726),including
subpart I of part E(codified at 34 U.S.C.10151-10158);see also 28 U.S.C.530C(a)
14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number)
16.738-Edward Byrne Memorial Justice Assistance Grant Program
15.METHOD OF PAYMENT
GPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Matt Dummermuth Greg Harrison
Principal Deputy Assistant Attorney General City Manager
17.S /n
SIGNATURE', RE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORJZED RECIPIENT OFFICIAL 19A.DATE
AGENCY USE ONLY
20.ACCOUNTING CLASSIFICATION CODES 21. TDJUGT1090
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 515879
OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
OW FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 2 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
1. Requirements of the award;remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any certifications or assurances
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Failure to comply with any one or more of these award requirements--whether a condition set out in full below,a
condition incorporated by reference below,or a certification or assurance related to conduct during the award period—
may result in the Office of Justice Programs("OJP")taking appropriate action with respect to the recipient and the
award. Among other things,the OJP may withhold award funds,disallow costs,or suspend or terminate the award.
The Department of Justice("DOJ"),including OJP,also may take other legal action as appropriate.
Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment
or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C.1001 and/or 1621,
and/or 34 U.S.C.10271-10273),and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise(including under 31 U.S.C.3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision
shall fast be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this
award.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R Part 200,as adopted
and supplemented by DOJ in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY
2018 award from OJP.
The Part 200 Uniform Requirements were fast adopted by DOJ on December 26,2014. If this FY 2018 award
supplements funds previously awarded by OJP under the same award number(e.g.,funds awarded during or before
December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that
are obligated on or after the acceptance date of this FY 2018 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OW awards and subawards
("subgrants"),see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient(and any subrecipient("subgrantee")at
any tier)must retain--typically for a period of 3 years from the date of submission of the final expenditure report(SF
425),unless a different retention period applies--and to which the recipient(and any subrecipient("subgrantee")at
any tier)must provide access,include performance measurement information,in addition to the financial records,
supporting documents,statistical records,and other pertinent records indicated at 2 C.F.R.200.333.
In the event that an award-related question arises from documents or other materials prepared or distributed by OW
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.
OW FORM 4000/2(REV.4-88) •
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 3 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
3. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently,the"DOJ Grants Financial Guide"available at https://ojp.gov/financialguide/DOJ/index.htm),including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
4. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September I,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially
reclassified to a new Title 34,entitled"Crime Control and Law Enforcement."The reclassification encompassed a
number of statutory provisions pertinent to OJP awards(that is,OJP grants and cooperative agreements),including
many provisions previously codified in Title 42 of the U.S.Code.
Effective as of September 1,2017,any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to
Title 34.This 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"OW financial management and grant administration training"by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1,2016,will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or
FPOC must have successfully completed an"OJP financial management and grant administration training"by 120
calendar days after—(I)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new
POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful
completion of such a training on or after January 1,2016,will satisfy this condition.
A list of OJP trainings that OJP will consider"OW financial management and grant administration training"for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OW will immediately withhold("freeze)award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OW to impose additional appropriate
conditions on this award.
6. Requirements related to"de minimis"indirect cost rate
A Incipient 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
d
• Bureau of Justice Assistance SHEET PAGE 4 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/012018
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 r c,.ipient 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 restiictions on subawards("subgrants")to first-tier subrecipients
(first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the
recipient)the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp.gov/funding/Explore/SAM.htm(Award condition: System for Award Management(SAM)and Universal
Identifier Requirements),and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to
any business or non-profit organization that he or she may own or operate in his or her name).
9. Requirement to report actual or imminent breach of personally identifiable information(PH)
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(PH)"(2 CFR 200.79)within the
scope of an OJP grant-funded program or activity,or 2)uses or operates a"Federal information system"(OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach,or the detection of an
imminent breach.
10. All subawards("subgrants")must have specific federal authorization
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that--for purposes of federal grants
administrative requirements--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.
OW FORM 4000/2(REV.4-88)
4111 U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 5 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
I I. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed$150,000
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold(currently,$150,000). This condition applies to agreements that--for purposes of
federal grants administrative requirements--OJP considers a procurement"contract"(and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed$150,000)),and are incorporated by reference here.
12. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and
OW 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 OW
authority to terminate award)),and are incorporated by reference here.
13. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and
other events
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations,
policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where
applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"DOJ Grants Financial Guide").
14. Requirement for data on performance and effectiveness under the award
The imipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner(including within the timeframes)specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws.
15. OJP Training Guiding Principles
Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or
delivers with OW award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://ojp.gov/fimding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
OJP FORM 40002(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 6 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 1 0/0 1 20 1 8
• SPECIAL CONDITIONS
16. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency(OW or OVW,as appropriate)may withhold
award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits,
investigations,or reviews of DOJ awards.
17. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OW or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high-
risk"for purposes of the DOJ high-risk grantee list.
18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an
equal employment opportunity program.
19. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 54
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs."
20. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries.
Among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of
religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantee")organizations that
engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and
subrecipients that are faith-based or religious organizations.
The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organi7ations,"is
available via the Electronic Code of Federal Regulations(currently accessible at https://www.ecfr.gov/cgi-
bin/EC1-R?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under e-CFR"current"
data.
OW FORM 4000/2(REV.4-88)
0 U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 7 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
21. Restrictions on"lobbying"
In general,as a matter of federal law,federal funds awarded by OJP may not be used by the recipient,or any
subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal,
modification,or adoption of any law,regulation,or policy,at any level of government. See 18 U.S.C.1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OW from being used by the recipient,or any
subro..ipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of
Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or
cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending,
or modifying any such award. See 31 U.S.C.1352. Certain exceptions to this law apply,including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might
fall within the scope of these prohibitions,the recipient is to contact OJP for guidance,and may not proceed without the
express prior written approval of OJP.
22. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2018)
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes.Pertinent restrictions,including from various"general
provisions"in the Consolidated Appropriations Act,2018,are set out at
https://ojp.gov/fimding/Explore/FY18AppropriationsRestrictions.htm,and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might
fall within the scope of an appropriations-law restriction,the recipient is to contact OW for guidance,and may not
proceed without the express prior written approval of OJP.
23. Reporting Potential Fraud,Waste,and Abuse,and Similar Misconduct
The recipient and any subrecipients("subgrantees")must promptly refer to the DOJ Office of the Inspector General
(OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other person
has,in connection with funds under this award--(1)submitted a claim that violates the False Claims Act;or(2)
committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar
misconduct.
Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the
OIG by--(1)mail directed to:Office of the Inspector General,U.S.Department of Justice,Investigations Division,
1425 New York Avenue,N.W.Suite 7100,Washington,DC 20530;and/or(2)the DOJ OIG hotline:(contact
information in English and Spanish)at(800)869-4499(phone)or(202)616-9881(fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
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 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
24. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or
subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in
accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended,and shall not be understood by the agency making this award,to contravene
requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to
sensitive compartmented information),or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award,the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or
contractors from reporting waste,fraud,or abuse as described above;and
b. certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,
or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt
written notification to the federal agency making this award,and will resume(or permit resumption of)such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or
both--
a. it represents that—
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,
fraud,or abuse as described above;and
(2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and
b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will
immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to
the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly
authorized to do so by that agency.
OP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 9 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
25. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees)
The iv,ipient(and any subia,iyient 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(OW or OVW,as appropriate)for guidance.
26. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg.
51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease
crashes caused by distracted drivers.
27. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ
If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time
during the course of the period of performance under this award,the recipient must disclose that fact and certain related
information to OW by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include
the following:1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient
was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and
email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency.
28. Cooperating with OW Monitoring
The recipient agrees to cooperate with OW monitoring of this award pursuant to OJP's guidelines,protocols,and
procedures,and to cooperate with OW(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 OW to complete its monitoring tasks,including
documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other
restrictions on the recipient's access to award funds;referral to the DOJ OIG for audit review;designation of the
recipient as a DOJ High Risk grantee;or termination of an award(s).
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
' Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 10 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
29. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards("subgrants")of$25,000 or
more and,in certain circumstances,to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds. The details of recipient
obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm(Award condition:Reporting Subawards and
Executive Compensation),and are incorporated by reference here.
This condition,including its reporting requirement,does not apply to--(1)an award of less than$25,000,or(2)an
award made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
30. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes,regulations,award
conditions,and the DOJ Grants Financial Guide,and must include the applicable conditions of this award in any
subaward.Among other things,the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients.The recipient agrees to submit,upon
request,documentation of its policies and procedures for monitoring of subawards under this award.
31. Use of program income
Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report,SF 425.
32. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing
Initiative(Global)guidelines.The recipient(and any subrecipient at any tier)must conform to the Global Standards
Package(GSP)and all constituent elements,where applicable,as described at:https://it.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.
33. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent
possible,existing networks as the communication backbone to achieve interstate connectivity,unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
34. Compliance with 28 C.F.R.Part 23
With respect to any information technology system funded or supported by funds under this award,the recipient(and
any subrecipient at any tier)must comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if
OJP determines this regulation to be applicable.Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at
its discretion,perform audits of the system,as per the regulation.Should any violation of 28 C.F.R.Part 23 occur,the
recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
OW FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 11 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
35. Protection of human research subjects
The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R.Part 46 and all OJP
policies and procedures regarding the protection of human research subjects,including obtainment of Institutional
Review Board approval,if appropriate,and subject informed consent.
36. Confidentiality of data
The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of 34 U.S.C.10231
and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.The recipient further
agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R.Part 22 and,in particular,28 C.F.R.22.23.
37. Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized
Representative contact information in GMS,including telephone number and e-mail address. If any information is
incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System
(GMS)to document changes.
38. Law enforcement task forces-required training
Within 120 days of award acceptance,each current member of a law enforcement task force funded with award funds
who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,
must complete required online(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).
39. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed
justification must be submitted to and approved by the OW program office prior to obligation or expenditure of such
funds.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 12 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
40. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks--including 18 U.S.C.922 and 34
U.S.C.ch.409--if the recipient(or any subrecipient at any tier)uses this award to fund(in whole or in part)a specific
project or program(such as a law enforcement,prosecution,or court program)that results in any court dispositions,
information,or other records that are"eligible records"(under federal or State law)relevant to the National Instant
Background Check System(NICS),or that has as one of its purposes the establishment or improvement of records
systems that contain any court dispositions,information,or other records that are"eligible records"(under federal or
State law)relevant to the NICS,the recipient(or subrecipient,if applicable)must ensure that all such court
dispositions,information,or other records that are"eligible records"(under federal or State law)relevant to the NICS
are promptly made available to the NICS or to the"State"repository/database that is electronically available to(and
accessed by)the NICS,and--when appropriate--promptly must update,correct,modify,or remove such NICS-
relevant"eligible records".
In the event of minor and transitory non-compliance,the recipient may submit evidence to demonstrate diligent
monitoring of compliance with this condition(including subrecipient compliance). DOJ will give great weight to any
such evidence in any express written determination regarding this condition.
41. Certification of Compliance with 8 U.S.C.1373 and 1644(within the funded"program or activity")required for valid
award acceptance by a local government
In order validly to accept this award,the applicant local government must submit the required"State or Local
Government:FY 2018 Certification of Compliance with 8 U.S.C.1373 and 1644"(executed by the chief legal officer
of the local government). Unless that executed certification either--(1)is submitted to OW together with the fully-
executed award document,or(2)is uploaded in OJP's GMS no later than the day the signed award document is
submitted to OJP,any submission by a local govemment that purports to accept the award is invalid.
If an initial award-acceptance submission by the recipient is invalid,once the local government does submit the
necessary certification regarding 8 U.S.C.1373 and 1644,it may submit a fully-executed award document executed by
the local government on or after the date of that certification.
For purposes of this condition,"local government"does not include any Indian tribe.
OW FORM 4000/2(REV.4-88)
41, U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 13 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
42. Noninterference(within the funded"program or activity")with federal law enforcement:8 U.S.C.1373 and 1644;
ongoing compliance
I.With respect to the"program or activity"funded in whole or part under this award(including any such program or
activity of any subrecipient at any tier),throughout the period of performance,no State or local government entity,-
agency,or-official may prohibit or in any way restrict--(1)any government entity or-official from sending or
receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a);or(2)a government
entity or-agency from sending,requesting or receiving,maintaining,or exchanging information regarding immigration
status as described in either 8 U.S.C.1373(b)or 1644.Any prohibition(or restriction)that violates this condition is an
"information-communication restriction"under this award.
2.Certifications from subrecipients.The recipient may not make a subaward to a State,a local government,or a
"public"institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C.1373 and
1644,properly executed by the chief legal officer of the government or educational institution that would receive the
subaward,using the appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-8USC 1373.htm.
Also,the recipient must require that no subrecipient(at any tier)may make a further subaward to a State,a local
government,or a public institution of higher education,unless it first obtains a certification of compliance with 8
U.S.C. 1373 and 1644,properly executed by the chief legal officer of the government or institution that would receive
the further subaward,using the appropriate OJP form.
3.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
4.Allowable costs.Compliance with these requirements is an authorized and priority purpose of this award.To the
extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a
local government,or a public institution of higher education,incurs to implement this condition.
5.Rules of Construction
A.For purposes of this condition:
(1)"State"and"local government"include any agency or other entity thereof,but not any institution of higher
education or any Indian tribe.
(2)A"public"institution of higher education is defined as one that is owned,controlled,or directly funded(in whole or
in substantial part)by a State or local government.(Such a public institution is considered to be a"government entity,"
and its officials to be"government officials.") ,
(3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a).
(4)"Immigration status"means what it means under 8 U.S.C.1373 and 8 U.S.C.1644;and terms that are defined in 8
U.S.C. 1101 mean what they mean under that section 1101,except that"State"also includes American Samoa.
(5)Pursuant to the provisions set out at(or referenced in)8 U.S.C. 1551 note("Abolition...and Transfer of
Functions"),references to the"Immigration and Naturalization Service"in 8 U.S.C.1373 and 1644 are to be read as
references to particular components of the Department of Homeland Security(DHS).
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,any public institution of higher education,or any other entity(or individual)to violate any
federal law,including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE:Any questions about the meaning or scope of this condition should be directed to OJP,before
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 14 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
award acceptance.
43. Authority to obligate award funds contingent on noninterference(within the funded"program or activity")with federal
law enforcement(8 U.S.C.1373 and 1644);unallowable costs;notification
1.If the recipient is a"State,"a local government,or a"public"institution of higher education:
A.The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient
(or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that is
funded in whole or in part with award funds is subject to any"information-communication restriction."
B.In addition,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to
reimburse itself if--at the time it incurs such 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 OW that,as of the date the recipient requests the drawdown,the recipient and each subrecipient
(regardless of tier)that is a State,local government,or public institution of higher education,is in compliance with the
award condition entitled"Noninterference(within the funded'program or activity')with federal law enforcement:8
U.S.C.1373 and 1644 and ongoing compliance."
D.The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance
with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the
recipient,or of any subrecipient at any tier that is either a State or a local government or a public institution of higher
education,may be subject to any information-communication restriction.In addition,any subaward(at any tier)to a
subrecipient that is a State,a local government,or a public institution of higher education must require prompt
notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an
information-communication restriction.
2.Any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher
education must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the program
or activity of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with
award funds is subject to any information-communication restriction.
3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling
circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award
funds that,under this condition,may not be made shall be unallowable costs for purposes of this award.In making any
such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the"Noninterference...8 U.S.C.1373 and 1644
and ongoing compliance"award condition.
4.Rules of Construction
A.For purposes of this condition"information-communication restriction"has the meaning set out in the
"Noninterference...8 U.S.C. 1373 and 1644 and ongoing compliance"condition.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference...8 U.S.C.1373 and
1644 and ongoing compliance"condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 15 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
44. Noninterference(within the funded"program or activity")with federal law enforcement:No public disclosure of
certain law enforcement sensitive information
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the
award,as of the date the imipient accepts this award,and throughout the remainder of the period of performance.Its
provisions must be among those included in any subaward(at any tier).
1.Noninterference:No public disclosure of federal law enforcement information in order to conceal,harbor,or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law(including 8
U.S.C.1324 and 18 U.S.C.chs.1,49,227),no public disclosure may be made of any federal law enforcement
information in a direct or indirect attempt to conceal,harbor,or shield from detection any fugitive from justice under 18
U.S.C.ch.49,or any alien who has come to,entered,or remains in the United States in violation of 8 U.S.C.ch.12--
without regard to whether such disclosure would constitute(or could form a predicate for)a violation of 18 U.S.C.
1071 or 1072 or of 8 U.S.C.1324(a).
2.Monitoring
The im.ipient'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(ax3));
(2)the term"federal law enforcement information"means law enforcement sensitive information communicated or
made available,by the federal government,to a State or local government entity,-agency,or-official,through any
means,including,without limitation--(1)through any database,(2)in connection with any law enforcement
partnership or-task-force,(3)in connection with any request for law enforcement assistance or-cooperation,or(4)
through any deconfliction(or courtesy)notice of planned,imminent,commencing,continuing,or impending federal
law enforcement activity,
(3)the term"law enforcement sensitive information"means records or information compiled for any law enforcement
purpose;and
(4)the term"public disclosure"means any communication or release other than one--(a)within the recipient,or(b)to
any subrecipient(at any tier)that is a government entity.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity')with federal law enforcement:8 U.S.C.1373 and 1644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office ofJustice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 16 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
45. Noninterference(within the funded"program or activity")with federal law enforcement:Interrogation of certain aliens
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by this
award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance for
the award. Its provisions must be among those included in any subaward(at any tier).
1.Noninterference with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations--including 8 U.S.C.1357(a),under which certain
federal officers and employees"have power without warrant...to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States,"and 8 C.F.R.287.5(a),under which that power may be exercised
"anywhere in or outside the United States"--within the funded program or activity,no State or local government
entity,-agency,or-official may interfere with the exercise of that power to interrogate"without warrant"(by agents of
the United States acting under color of federal law)by impeding access to any State or local government(or
government-contracted)correctional facility by such agents for the purpose"interrogat[ing]any alien or person
believed to be an alien as to his[or her]right to be or to remain in the United States."
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A.For purposes of this condition:
(1)The term"alien"means what it means under section 101 of the Immigration and Nationality Act(INA)(see 8
U.S.C. 1101(a)(3)).
(2)The term"correctional facility"means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968(see 34 U.S.C.10251(a)(7)).
(3)The term"impede"includes taking or continuing any action,or implementing or maintaining any law,policy,rule,
or practice,that--
(a)is designed to prevent or to significantly delay or complicate,or
(b)has the effect of preventing or of significantly delaying or complicating.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity')with federal law enforcement:8 U.S.C. 1373 and 1644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 17 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
46. Noninterference(within the funded"program or activity")with federal law enforcement:Notice of scheduled release
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the
award,as of the date the recipient accepts the award,and throughout the remainder of the period of performance.Its
provisions must be among those included in any subaward at any tier.
1.Noninterference with"removal"process:Notice of scheduled release date and time
Consonant with federal law enforcement statutes--including 8 U.S.C.1231(for an alien incarcerated by a State or
local government,a 90-day"removal period"during which the federal government"shall"detain and then"shall"
remove an alien from the U.S."begins"no later than"the date the alien is released from...confinement";also,the
federal government is expressly authorized to make payments to a"State or a political subdivision of the State...with
respect to the incarceration of[an]undocumented criminal alien");8 U.S.C. 1226(the federal government"shall take
into custody"certain criminal aliens"when the alien is released");and 8 U.S.C.1366(requiring an annual DOJ report
to Congress on"the number of illegal alien[felons]in Federal and State prisons"and programs underway"to ensure the
prompt removal"from the U.S.of removable"criminal aliens")--within the funded program or activity,no State or
local government entity,-agency,or-official(including a government-contracted correctional facility)may interfere
with the"removal"process by failing to provide--as early as practicable(see para.4.C.below)--advance notice to
DHS of the scheduled release date and time for a particular alien,if a State or local government(or government-
contracted)correctional facility receives from DHS a formal written request pursuant to the INA that seeks such
advance notice.
2.Monitoring
The icz.ipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A.For purposes of this condition:
(1)The term"alien"means what it means under section 101 of the INA(see 8 U.S.C.1101(a)(3)).
(2)The term"correctional facility"means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968(see 34 U.S.C.10251(a)(7)).
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,or any other entity or individual to maintain(or detain)any individual in custody beyond the
date and time the individual otherwise would have been released.
C. Applicability
(1)Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least
48 hours,if possible)."(See DHS Form I-247A(3/17)).If(e.g.,in light of the date DHS made such request)the
scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested,it
shall NOT be a violation of this condition to provide only as much advance notice as practicable.
(2)Current DHS practice is to use the same form for a second,distinct purpose--to request that an individual be
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
•
Bureau of Justice Assistance SHEET PAGE 18 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
detained for up to 48 hours AFTER the scheduled release.This condition does NOT encompass such DHS requests for
detention.
D.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity')with federal law enforcement:8 U.S.C.1373 and 1644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
47. Requirement to collect certain information from subrecipients
The recipient may not make a subaward to a State,a local government,or a"public"institution of higher education,
unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as
"Information regarding Communication with the Department of Homeland Security(DHS)and/or Immigration and
Customs Enforcement(ICE)."All subrecipient responses must be collected and maintained by the recipient,consistent
with regular document retention requirements,and must be made available to DOJ upon request.Responses to these
questions are not required from subrecipients that are either a tribal govemment/organization,a nonprofit organization,
or a private institution of higher education.
OW FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
r =, Bureau of Justice Assistance SHEET PAGE 19 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
48. Compliance with National Environmental Policy Act and related statutes
Upon request,the recipient(and any subrecipient at any tier)must assist BJA in complying with the National
Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental
impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient.
Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior
to obligating funds for any of these purposes.If it is determined that any of the following activities will be funded by
the award,the recipient agrees to contact BJA.
The ic,,ipient understands that this condition applies to new activities as set out below,whether or not they are being
specifically funded with these award funds.That is,as long as the activity is being conducted by the r n.ipient,a
subrecipient,or any third party,and the activity needs to be undertaken in order to use these award funds,this condition
must first be met.The activities covered by this condition are:
a.New construction;
b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including
properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or
eligible for listing on the National Register of Historic Places;
c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an
incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or
education environments;and
e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the
identification,seizure,or closure of clandestine methamphetamine laboratories.
The ro,,ipient 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 ru.ipient further understands and
agrees to the requirements for implementation of a Mitigation Plan,as detailed at https://bja.gov/Fnndinp/nepa.html,for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients'existing programs or activities that will be funded by these award funds,the recipient,upon specific
request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
49. Establishment of trust fund
If award funds are being drawn down in advance,the recipient(or a subrecipient,with respect to a subaward)is
required to establish a trust fund account.Recipients(and subimipients)must maintain advance payments of federal
awards in interest-bearing accounts,unless regulatory exclusions apply(2 C.F.R.200.305(bx8)).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(incl ding any interest earned)during the period of performance for the award and expend
within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to OJP at
the time of closeout.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 20 OF 23
<` Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
50. Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50%match for purposes of the DOJ Bulletproof Vest Partnership(BVP)program.
51. Certification of body armor"mandatory wear"policies
The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased
with funds from this award have a written"mandatory wear"policy in effect.The recipient must keep signed
certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-
resistant body armor purchases.This policy must be in place for at least all uniformed officers before any funds from
this award may be used by an agency for body armor.There are no requirements regarding the nature of the policy
other than it be a mandatory wear policy for all uniformed officers while on duty.
52. Body armor-compliance with NU standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat
level,make or model,from any distributor or manufacturer,as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List(https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx).In addition,
ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely
fitted,as set forth in 34 U.S.C.10202(c)(1)(A).The latest NU standard information can be found here:hops://nij.gov/
topics/technology/body-armor/pages/safety-initiative.aspx.
53. Body armor-impact on eligibility for other program funds
The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for
funding under the Bulletproof Vest Partnership(BVP)program,a separate program operated by BJA,pursuant to the
BVP statute at 34 USC 10531(c)(5).
54. Reporting requirements
The recipient must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through
OJP's GMS(https://grants.ojp.usdoj.gov).Consistent with the Department's responsibilities under the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,the recipient must provide data that
measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool(PMT)website(www.bjaperformancetools.org).For more detailed information on
reporting and other JAG requirements,refer to the JAG reporting requirements webpage.Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
55. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force,racial and ethnic bias,de-
escalation of conflict,and constructive engagement with the public.
56. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute,unless,as
set forth at 34 U.S.C.10152,the BJA Director certifies that extraordinary and exigent circumstances exist,making such
expenditures essential to the maintenance of public safety and good order.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
0
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 21 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018 1
SPECIAL CONDITIONS
57. Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,2017
The recipient may obligate(federal)award funds only after the recipient makes a valid acceptance of the award. As of
the first day of the period of performance for the award(October I,2017),however,the recipient may choose to incur
project costs using non-federal funds,but any such project costs are incurred at the recipient's risk until,at a
minimum—(1)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions are
removed by OJP(via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the
condition is removed.)
Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at-
risk,"if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through a Grant Adjustment Notice,the recipient is authorized to obligate(federal)award funds to reimburse
itself for project costs incurred"at-risk"earlier during the period of performance(such as project costs incurred prior to
award acceptance or prior to removal of an applicable withholding condition),provided that those project costs
otherwise are allowable costs under the award.
Nothing in this condition shall be understood to authorize the recipient(or any subrecipient at any tier)to use award
funds to"supplant"State or local funds in violation of the recipient's certification(executed by the chief executive of
the State or local government)that federal funds will be used to increase the amounts of such funds that would,in the
absence of federal funds,be made available for law enforcement activities.
58. Use of fiords for DNA testing;upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System("CODIS,"the DNA database operated by the FBI)by a government DNA
laboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without
prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may
be accepted for entry into CODIS.
59. Three percent set-aside for NIBRS compliance
The recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving full
compliance with the FBI's National Incident-Based Reporting System(NIBRS),unless the FBI or appropriate State
official has certified that the recipient locality is already NIBRS compliant and evidence of this has been submitted to
and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate
what projects will be supported by this 3 percent set-aside,unless evidence of NIBRS compliance has been submitted
to and approved by BJA.Recipients serving as fiscal agents for"disparate jurisdictions,"(as defined at 34 USC
10156(d)(4))have to pass this requirement through to in subawards to other localities in the disparate jurisdiction,so
that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance,
unless,with respect to each locality in the disparate jurisdiction group,evidence of NIBRS compliance has been
submitted to and approved by BJA.
OUP 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 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
60. Encouragement of submission of"success stories"
BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success
story,sign in to a My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form.If
the recipient does not yet have a My BJA account,please register at https://www.bja.gov/profile.aspx.Once
registered,one of the available areas on the My BJA page will be"My Success Stories."Within this box,there is an
option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the BJA Success
Story web page at https://www.bja.gov/SuccessStoryList.aspx.
61. Withholding of funds:Required certification from the chief executive of the applicant government
The recipient may not obligate,expend,or draw down any award funds until the recipient submits the required
"Certifications and Assurances by the Chief Executive of the Applicant Government,"properly-executed(as
determined by OJP),and a Grant Adjustment Notice(GAN)has been issued to remove this condition.
62. Withholding of funds:NIBRS set-aside
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and BJA reviews
and accepts,a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance
activities or documentation showing that the recipient has been certified as NIBRS compliant,and a Grant Adjustment
Notice(GAN)has been issued to remove this condition.
63. Withholding of funds: Memorandum of Understanding
The recipient may not obligate,expend,or draw down any award funds until OJP has reviewed and approved the
Memorandum of Understanding(MOU),and a Grant Adjustment Notice(GAN)has been issued to remove this
condition.
64. Withholding of funds: Budget narrative or information
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OW reviews
and accepts,the required budget information or narrative for the award,and a Grant Adjustment Notice(GAN)has
been issued to remove this condition.
65. Withholding of funds: Program narrative
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the program narrative for this award,and a Grant Adjustment Notice(GAN)has been issued to remove
this condition.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
= Bureau of Justice Assistance SHEET PAGE 23 OF 23
Grant
PROJECT NUMBER 2018-DJ-BX-0884 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
66. Recipient integrity and performance matters: Requirement to report information on certain civil,criminal,and
administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil,
criminal,and administrative proceedings connected with(or connected to the performance of)either this OJP award or
any other grant,cooperative agreement,or procurement contract from the federal government. Under certain
circumstances,recipients of OW awards are required to report information about such proceedings,through the federal
System for Award Management(known as"SAM"),to the designated federal integrity and performance system
(currently,"FAPIIS").
The details of recipient obligations regarding the required reporting(and updating)of information on certain civil,
criminal,and administrative proceedings to the federal designated integrity and performance system(currently,
"FAPIIS")within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm(Award condition:
Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporated by
reference here.
67. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice
Programs has received and approved the required application attachment(s)and has issued a Grant Adjustment Notice
(GAN)releasing this special condition.
OJP FORM 4000/2(REV.4-88)
EXHIBIT C
FIRST AMENDMENT
THIS IS A FIRST AMENDMENT TO THE 2018 EDWARD BYRNE JUSTICE
ASSISTANCE LOCAL SOLICITATION GRANT MEMORANDUM OF UNDERSTANDING
(MOU)dated the day of ,2020,between the Participating
Agencies listed below:
City of Coral Springs City of Hollywood City of Pembroke Pines
City of Dania Beach City of Lauderdale Lakes City of Plantation
Town of Davie City of Lauderhill City of Pompano Beach
City of Deerfield Beach City of Miramar City of Sunrise
City of Fort Lauderdale City of North Lauderdale City of Tamarac
City of Hallandale Beach City of Oakland Park
WHEREAS,the Participating Agencies entered into the MOU effective on October 1, 2017;
and
WHEREAS, the participating agencies wish to include Broward County as a Participating
Agency; and
WHEREAS,the Department of Justice (DOJ)has requested the parties update the MOU to
reflect the actual grant amount awards received by each jurisdiction under the JAG in order to exactly
match their grant budgets and sub-grant agreements and so that the MOU reflects the total grant
amount; and
WHEREAS, the participating agencies agree to amend certain terms and conditions of the
MOU.
WITNESSETH :
IN CONSIDERATION of the mutual terms, conditions,promises, covenants and payments
herein set forth the participating agencies agree as follows:
1. Each"WHEREAS" clause set forth above is true and correct and herein incorporated
by this reference.
2. The terms and conditions contained within the MOU between the Participating
Agencies, effective October 1, 2017, a copy of which is attached hereto and made a part hereof as
Exhibit "A," shall remain in full force and effect except as specifically amended herein below.
3. The Participating Agencies hereto agree to add Broward County as a Participating
Agency.
4. That the MOU Procedure section's list of awards table is hereby deleted and replaced
with the following award table:
2018 EDWARD BYRNE MEMORIAL JAG
AWARDS
Jurisdiction Name Award Amount
Broward County 20,187.90
City of Coral Springs 14,039.10
City of Dania Beach 11,526.30
Town of Davie 15,912.00
City of Deerfield
Beach 21,619.80
City of Fort
Lauderdale 81,675.90
City of Hallandale
Beach 15,096.60
City of Hollywood 43,041.60
City of Lauderdale
Lakes 17,477.10
City of Lauderhill 37,289.70
City of Miramar 28,980.90
City of North
Lauderdale 14,039.10
City of Oakland Park 15,162.30
City of Pembroke
Pines 21,796.20
City of Plantation 17,696.70
City of Pompano
Beach* 111,951.80
City of Sunrise 17,036.10
City of Tamarac 11,349.90
Total $515,879
*Ten percent (10%) of the total grant award shall be used for administrative
purposes; City of Pompano Beach shall receive an administrative fee of ten
First Amendment between the Participating Agencies Page 2
percent (10%) in the amount of fifty one thousand five hundred eighty seven
dollars and ninety cents ($51,587.90) for costs associated with the
implementation of the 2018 JAG.
5. This Agreement shall bind the parties and their respective executors, administrators,
successors and assign and shall be fully effective as though the amendment had been originally
included in the Agreement.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK
First Amendment between the Participating Agencies Page 3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year hereinabove written.
Attest: CITY OF POMPANO BEACH
By:
ASCELETA HAMMOND, CITY CLERK REX HARDIN,MAYOR
By:
(SEAL) GREGORY P. HARRISON, CITY MANAGER
APPROVED AS TO FORM:
MARK E. BERMAN, CITY ATTORNEY
:jrm
6/3/2020
L:agr/finance/2020-762
First Amendment between the Participating Agencies Page 4
EXHIBIT C
FIRST AMENDMENT TO THE 2018 EDWARD BYRNE JUSTICE ASSISTANCE LOCAL
SOLICITATION GRANT MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE FOR PARTICIPATING AGENCY
Ill .'"-____111111111.
2— �-�--
yiity of Tamarac Date
ichael C. Cernech, City Manager
V'yFP S I FORM:
t�
itp# i it-, 7/21 kA C
YC A'g;iOR i
EXHIBITD
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Edward Byrne Justice Assistance Grant Program FY 2018 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 2018 Edward Byrne Justice Assistance Grant("JAG")Program, and further to 34 U.S.C. §10153(a), I
certify under penalty of perjury 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 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 comrnission),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 certify that—(a)the programs to be funded by the award(if any)that OJP makes based on the application
described above meet all the requirements of the JAG Program statute(34 U.S.C. §§1 01 51-1 01 58); (b)all the
information contained in that application is correct;. (c) in connection with that application,there has been
appropriate coordination with affected agencies;and(d)in connection with that award(if any), the applicant unit
of local government will comply withallprovisionsAProgram statute and all other applicable federal
co of the JAG
P YPP
laws.
7. I have examined certification entitled"State or Local Government: FY 2018 Certification of Compliance with 8
U.S.C. §§1373&1644'executed by the chief legal officer of the applicant government with respect to the FY
2018 JAG program and submitted in support of the application described above, and I hereby adopt that
certification as my own on behalf of that government. (This provision is not applicable to Indian tribal
government applicants.)
8. I have examined certification entitled"State or Local Government:FY 2018 Certification Relating to 8
U.S.C. §§1226(a)&(c), 1231(a)(4), 1357(a), &1366(1)&(3)"executed by the chief legal officer of the applicant
government with respect to the FY 2018 JAG program and submitted in support of the application described
above, and I hereby adopt that certification as my own on behalf of that government (This provision is not
applicable to Indian tribal government applicants.)
I acknowledge that a materially false, fictitious, or fraudulent statement(or concealment or omission of a material fact)
in this certification, or in the application that it supports, 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 subject me and the applicant unit of
local government to civil penalties and administrative remedies for false claims or otherwise(including under 31
U.S.C.§§3729-3730 and§§3801-3812). I also acknowledge that OJP awards, including certifications provided in
connec• n'Wff�i such rds,areIject to rev' y USDOJ, incluang by OJP and by the USDOJ Office of the
Inspe neral y
Signature of Chief Executive of the Applicant U itri of Date of Certification
•ocal Gover ent
� � 6e(�� City Manager
Printed Name of Chief Executive , Title of Chief Executive
City ofTamarac
Name of Applicant Unit of Local Government
41
r-• lc/FORM;
BJA 2018 13626
-.-----.4 --,W 71.Z )-
(,,i l ) AlTarZ •)";
EXHIBITD
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Edward Byrne Justice Assistance Grant Program FY 2018 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 2018 Edward Byrne Justice Assistance Grant("JAG")Program,and further to 34 U.S.C.§10153(a), I
certify under penalty of perjury 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 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 certify that—(a)the programs to be funded by the award(if any)that OJP makes based on the application
described above meet all the requirements of the JAG Program statute(34 U.S.C. §§10151-10158); (b)all the
information contained in that application is correct;(c)in connection with that application,there has been
appropriate coordination with affected agencies;and(d)in connection with that award(if any),the applicant unit
of local government will comply with all provisions of the JAG Program statute and all other applicable federal
laws.
7. I have examined certification entitled"State or Local Government:FY 2018 Certification of Compliance with 8
U.S.C. §§1373&1644"executed by the chief legal officer of the applicant government with respect to the FY
2018 JAG program and submitted in support of the application described above, and I hereby adopt that
certification as my own on behalf of that government. (This provision is not applicable to Indian tribal
government applicants.)
8. I have examined certification entitled"State or Local Government:FY 2018 Certification Relating to 8
U.S.C. §§1226(a)&(c),1231(a)(4),1357(a), &1366(1)&(3)"executed by the chief legal officer of the applicant
government with respect to the FY 2018 JAG program and submitted in support of the application described
above, and I hereby adopt that certification as my own on behalf of that government. (This provision is not
applicable to Indian tribal government applicants.)
I acknowledge that a materially false,fictitious,or fraudulent statement(or concealment or omission of a material fact)
in this certification,or in the application that it supports, 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 subject me and the applicant unit of
local government to civil penalties and administrative remedies for false claims or otherwise(including under 31
U.S.C.§§3729-3730 and§§3801-3812). I also acknowledge that OJP awards, including certifications provided in
connection with such awards,are subject to review by USDOJ, including by OJP and by the USDOJ Office of the
Inspector General.
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
41
BJA-2018-13626
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Local Government: FY 2018 Certification of Compliance with 8 U.S.C. §§ 1373 & 1644
On behalf of the applicant government entity named below,and in support of its application, I certify under penalty of perjury 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 legal officer of the State or local government of which the applicant entity named below is a part("the
jurisdiction"),and I have the authority to make this certification on behalf of the jurisdiction and the applicant entity(that
is,the entity applying directly to OJP). I understand that OJP will rely upon this certification as a material
representation in any decision to make an award to the applicant entity.
(2) I have carefully reviewed 8 U.S.C.§§1373(a)&(b),and 1644,including the prohibitions on certain actions by State
and local government entities,-agencies,and-officials regarding information on citizenship and immigration status. I
also have reviewed the provisions set out at(or referenced in)8 U.S.C.§1551 note("Abolition ...and Transfer of
Functions"),pursuant to which references to the"Immigration and Naturalization Service"in 8 U.S.C. §§1373&1644
are to be read,as a legal matter,as references to particular components of the U.S.Department of Homeland Security.
(3) I (and also the applicant entity)understand that the U.S. Department of Justice will require States and local
governments(and agencies or other entities thereof)to comply with 8 U.S.C. §§1373&1644,with respect to any
"program or activity"funded in whole or in part with the federal financial assistance provided through the FY 2018 OJP
program under which this certification is being submitted(the"FY 2018 OJP Program"identified below),specifically
including any such"program or activity"of a governmental entity or-agency that is a subrecipient(at any tier)of funds
under the FY 2018 OJP Program.
(4) I (and also the applicant entity)understand that,for purposes of this certification,"program or activity"means what it
means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.§2000d-4a),and that terms used in this certification
that are defined in 8 U.S.C.§1101 mean what they mean under that section 1101,except that the term"State"also
shall include American Samoa(cf.34 U.S.C.§10251(a)(2)).Also, I understand that,for purposes of this certification,
neither a"public"institution of higher education(i.e.,one that is owned,controlled,or directly funded by a State or local
government)nor an Indian tribe is considered a State or local government entity or-agency.
(5) I have conducted(or caused to be conducted for me)a diligent inquiry and review concerning both—
(a) the"program or activity"to be funded(in whole or in part)with the federal financial assistance sought
by the applicant entity under this FY 2018 OJP Program;and
(b) any prohibitions or restrictions potentially applicable to the"program or activity"sought to be funded
under the FY 2018 OJP Program that deal with sending to, requesting or receiving from,
maintaining,or exchanging information of the types described in 8 U.S.C. §§1373(a)&(b),and
1644,whether imposed by a State or local government entity,-agency,or-official.
(6) As of the date of this certification,neither the jurisdiction nor any entity,agency,or official of the
jurisdiction has in effect, purports to have in effect,or is subject to or bound by,any prohibition or any
restriction that would apply to the"program or activity"to be funded in whole or in part under the FY 2018 OJP
Program(which,for the specific purpose of this paragraph 6,shall not be understood to include any such
"program or activity"of any subrecipient at any tier),and that deals with either—(1)a government entity or
-official sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C.§§1373(a)
&1644;or(2)a government entity or-agency sending to, requesting or receiving from, maintaining,or exchanging
information of the types(and with respect to the entities)described in 8 U.S.C.§1373(b).
I acknowledge that a materially false,fictitious,or fraudulent statement(or concealment or omission of a material fact) in this
certification,or in the application that it supports,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 subject me and the applicant entity to civil penalties and
administrative remedies for false claims or otherwise(including under 31 U.S.C. §§3729-3730 and§§3801-3812). I also
acknowledge that OJP awards, including certifications provided in connection with such awards,are subject to review by
USDOJ, including by OJP and by the USDOJ Office of the Inspector General.
Signature of Chief Legal Officer of the Jurisdiction Printed Name of Chief Legal Officer
Date of Certification Title of Chief Legal Officer of the Jurisdiction
Name of Applicant Government Entity(i.e.,the applicant to the FY 2018 OJP Program identified below)
FY2018 OJP Program: Byrne Justice Assistance Grant(JAG) Program: Local
43
BJA-2018-13626
U.S.DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Local Government: FY 2018 Certification Relating to
8 U.S.C.§§1226(a)&(c),1231(a)(4), 1324(a),1357(a), &1366(1)&(3)
On behalf of the applicant government entity named below,and in support of its application,I certify under penalty of perjury 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 legal officer of the unit of local government of which the applicant entity named below is a part('the jurisdiction"),and I
have the authority to make this certification on behalf of the jurisdiction and the applicant entity(that is,the entity applying directly to OJP).
I understand that OJP will rely upon this certification as a material representation in any decision to make an award to the applicant entity
2. I have carefully reviewed each of the following sections of title 8,United States Code:
a. §1226(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');
b. §1231(a)(4)(federal government may not"remove an alien who is sentenced to imprisonment until the alien is released from
imprisonment");
c. §1324(a)(forbidding any"person,"in"knowing or in reckless disregard of the tact that an alien has come to,entered,or remains in
the United States in violation of law,"to"conceal°,harbor°,or shield°from detection,or attempt°to conceal,harbor,or shield from
detection,such alien in any place,including any building or any means of transportation"or to"engage in any conspiracy to commit
any of the preceding acts...or aid°or abet°the commission of any of the preceding acts'),
d. §1357(a)(authorizing immigration officers,"anywhere in or outside the United States"(see 8 C.F.R.§287.5(a)),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
e. §1366(1)&(3)(requiring the Attorney General annually to submit to Congress'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;
[and](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").
3. I(and also the applicant entity)understand that USDOJ will require States and local governments(including State and local
government entities,-agencies,and-officials),with respect to any"program or activity'funded in whole or in part with the federal financial
assistance provided through the FY 2018 OJP program under which this certification is being submitted(the"FY 2018 OJP Program"
identified below),specifically including any such"program or activity"of a governmental entity or-agency that is a subrecipient(at any tier)
of funds under the FY 2018 OJP Program,not to violate,or to aid or abet any violation of,8 U.S.C.§1324(a),and not to impede the
exercise by federal officers of authority under 8 U.S.C.§1357(a)or relating to 8 U.S.C.§1366(1)&(3)or 8 U.S.C.§1226(a)&(c).
4. I(and also the applicant entity)understand that,for purposes of this certification,"program or activity'means what it means under title
VI of the Civil Rights Act of 1964(see 42 U.S.C.§2000d-4a),and that terms used in this certification that are defined in 8 U.S.C.§1101
mean what they mean under that section 1101,except that the term"State"also shall include American Samoa(cf.34 U.S.C.
§10251(a)(2)). Also,I understand that,for purposes of this certification,neither a"public"institution of higher education(i.e.,one that is
owned,controlled,or directly funded by a State or local government)nor an Indian tribe is considered a State or local government entity or
-agency.
5. I have conducted(or caused to be conducted for me)a diligent inquiry and review concerning Both—
a. the"program or activity"to be funded(in whole or in part)with the federal finandal assistance sought by the applicant entity under
this FY 2018 OJP Program;and
b. any laws,rules,policies,or practices potentially applicable to the"program or activity"sought to be funded under the FY 2018 OJP
Program that Implicate any of the requirements relating to 8 U.S.C.§§1226(a)&(c), 1324(a),1357(a),&1366(1)&(3)that are
described in if 3 of this certification,whether imposed by a State or local government entity,-agency,or-official.
6. As of the date of this certification,neither the jurisdiction nor any entity,agency,or official of the jurisdiction has in effect,purports to
have in effect,or is subject to or bound by,any law,rule,policy,or practice that would apply to the"program or activity"to be funded in
whole or in part under the FY 2018 OJP Program(which,for the specific purpose of this paragraph 6,shall not be understood to include
any such"program or activity"of any subrecipient at any tier),and that would or does—(1)violate,or aid or abet any violation of,8 U.S.C.
§1324(a);(2)impede the exercise by federal officers of authority under 8 U.S.C.§1357(a);(3)impede the exercise by federal officers of
authority relating to 8 U.S.C.§1366(1)&(3);or(4)impede the exercise by federal officers of authority relating to 8 U.S.C.§1226(a)&(c).
I acknowledge that a materially false,fictitious,or fraudulent statement(or concealment or omission of a material fact)in this certification,or in
the application that it supports,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 subject me and the applicant entity to civil penalties and administrative remedies for false claims or otherwise
(including under 31 U.S.C.§§3729-3730 and§§3801-3812). I also acknowledge that OJP awards,including associated certifications,are
subject to review by USDOJ,including by OJP and the USDOJ Office of the Inspector General.
Signature of ChiefLegal g e Officer of the Jurisdiction Printed Name of Chief Legal Officer
Date of Certification Title of Chief Legal Officer of the Jurisdiction
Name of Applicant Government Entity(i.e.,the applicant to the FY 2018 OJP Program identified below
FY 2018 OJP Program: Byrne Justice Assistance Grant(JAG)Program:Local
45
BJA-2018-13626
EXHIBIT E
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.
SIGN
HERE
Cam .�
Sa el S. Goren at) S5�
A"TOR AT LAW
h
111116
I GOREN CHEROF
DOODY& EZROL
SGoren@GorenCherof.com
www.GorenCherof.corn
52
BJA-2018-13626
EXHIBIT F
pcimpano
beach.
Flor►da's Warmest Welcome
SUBRECIPIENT AGREEMENT BETWEEN CITY OF POMPANO BEACH,
AND 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-of 22
EXHIBIT F
SECTION I: PURPOSE
This Agreement establishes the relationship between the Parties for participation in the FY 2018
Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation Grant Program (Award
Number 2018-DJ-BX-0884). The Federal Award Identification Number is 2018-DJ-BX-0884 and
the Federal Award Date to the City was October 1, 2018. Pursuant to the Federal Funding
Accountability and Transparency Act (FFATA) the Federal award project description for the
Subrecipient is individually summarized in Exhibit A attached hereto and incorporated by
reference.
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 $ 11,349.9°
The City will only reimburse Subrecipient for authorized activities. The City will not reimburse
for costs incurred for any purpose other than those specified in this Agreement. Failure to comply
with provisions of this Agreement, including failure to perform grant activities as specified in this
Agreement, will result in required corrective action up to and including financial consequences.
A financial consequence may be imposed for non-compliance in accordance with 2 C.F.R. § 200
and this Agreement, including but not limited to project costs being disallowed, withholding of
federal funds and/or termination of the project
Grant funds must not to be used for research and development and the Grant funds must not be
used for lobbying. Funds allocated under this Agreement shall not be used for prohibited
expenditures found in 34 U.S.C. § 10152(d), 42 U.S.C. § 3751, or other prohibited expenditures
as identified within the grant.
SECTION III: METHOD OF BILLING AND PAYMENT
Subrecipient may submit invoices for compensation no more often than on a monthly basis, but
only after the activities for which the invoices are submitted have been completed. An original
Page-2-of22
EXHIBIT F
invoice transmitted electronically is due within fifteen (15) days of the end of the month except
the final invoice which must be received no later than thirty (30) days after expiration or earlier
termination of this Agreement. Invoices must designate the nature of the activities completed
and, as applicable, the personnel, hours, tasks, or other detail as requested by the City. All
payments made to Subrecipient are contingent upon approval of the City.
Invoices shall be submitted to:
City of Pompano Beach
Room 480, Finance Department
Attn: Melody Major
100 West Atlantic Blvd.
Pompano Beach, FL 33060
Melody.Maior@copbfl.com
SECTION IV: TERM
The term of this Agreement and the sub-award period of performance shall begin retroactive to
October 1, 2017 and shall end on September 30, 2021. The continuation of this Agreement
beyond the end of any City fiscal year is subject to the appropriation and availability of necessary
funding from the JAG Program.
SECTION V: GENERAL REQUIREMENTS
Subrecipient must comply with all requirements contained within the JAG Grant's special conditions
attached hereto and marked as Exhibit C Award #2018-DJ-BX-0884) applicable to Subrecipient's
portion of the funds. Additionally, Subrecipient must comply with requirements set forth in the
current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide
(Financial Guide), http://oip.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-of22
EXHIBIT F
• 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.gov/fdsys/pke/PLAW-109pub1162/pdf/PLAW-109pub1162.pdf.
• United States Code:www.gpo.gov/fdsys/
42 U.S.C. §§ 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968."
• State of Florida General Records Schedule GS1-SL for State and Local Government
Agencies: http://dlis.dos.state.fl.us/barm/eenschedules/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
EXHIBIT F
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
EXHIBIT F
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
EXHIBIT F
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.olp.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-of 22
EXHIBIT F
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
EXHIBIT F
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 Quarterly 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
EXHIBIT F
award period is extended beyond the "original" project period, additional Quarterly
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
EXHIBIT F
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-ll-of22
EXHIBIT F
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
EXHIBIT F
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
EXHIBIT F
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
EXHIBIT F
SUBRECIPIENT
CI -of arn-alac
APPFOIED A TO, RM:
1
cir?A. Urs-F,-
Page-15-of 22
EXHIBIT F
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-of 22
EXHIBIT F
EXHIBIT B
2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
PROGRAM BUDGET
ACCOUNT CATEGORY BUDGETED AMOUNT
Personnel
Fringe Benefits
Equipment
Supplies
Training
Other
Indirect cost
Administrative Fees
Total Sub-award to $
Subrecipient
SUBRECIPIENT'S BUDGET NARRATIVE
(insert general budget narrative)
Page-17-of 22
EXHIBIT F
SUBGRANT AWARD CERTIFICATE
Subrecipient's Name: City of Tamarac DUNS No. 077270940
Federal Award Date: 10/01/2018 Project Title: 2018 Byrne JAG Grant
Sub-award Period of Performance Start Date: 07/01/2020 End Date: 09/30/2021
Grant Number: 2018-DJ-BX-0884
Federal Award Identification No.: 2018-DJ-BX-0884
Federal Funds: $11,349.90 [insert amount City receives]
Federal award project period: 10/01/2017 to
09/30/2021
Federal award project description:
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of
local government, including tribes, to support a broad range of criminal justice related activities
based on their own state and local needs and conditions. Grant funds can be used for state and
local initiatives, technical assistance, training, personnel, equipment, supplies, contractual
support, and information systems for criminal justice, including for any one or more of the
following purpose areas: 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
EXHIBIT F
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
By:� C)l 3 Ai
Department of
,�
ay of -S�``47, 20
Date of Acceptance
Page-19-of 22
EXHIBIT F
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The Subrecipient through its authorized representative, acknowledges receipt and acceptance of
subgrant award number 2018-DJ-BX-0884, in the amount of$ 11,349.90
[for the description of the project submitted by Subrecipient in this grant application, for the
period of 07/01/2020 through 09/30/2021,to be implemented in accordance with the approved
subgrant application, 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
Department of CE~ (-4.'po``!efr—
day of 7, 20 a�
A QED AST FORM:
7/rill 2'
6 r.
Page-20-of 22
EXHIBIT F
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
day of c A , 20
jOoni/j- ga-
Page-21-of 22
EXHIBIT F
EXHIBIT C
Grant Award and Special Conditions
Page-22-of 22