No preview available
HomeMy WebLinkAboutAG 20-038 - City of Seattle RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT./DIV: POLICE DEPARTMENT 2. ORIGINATING STAFF PERSON: DIANE SHINES OR LYNETTE ALLEN EXT: 6701 3. DATE REQ.BY: ASAP 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATEDDOCUIENTS) ORDINANCE ❑ RESOLUTION CONTRACT AMENDMENT(AG#): X INTERLOCAL ❑ OTHER 5. PROJECTNAME: FY 2017 EDWARD BYRNE N11'\lORiALJI'S I iC�f34S+WrAsMI-,L�m I'(IAC)CR k,. 6. NAME OF CONTRACTOR: CITY OF SEATTLE ADDRESS: 700 5T"AVENUE,St,ITL 5800,SEAT I LE,%A A,98124-4708 _TELEPHONE E-MAIL: FAX: SIGNATURE NAME: FAYE LANDSKOV TITLE SEATTLE JAG PROGRAM MGR. 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 10/01/2016 COMPLETION DATE: 09/30/2020 9. TOTAL 534,331 PAID TO THE CITY (INCLUDE EXPENSES AND SALES TAX,IF ANY) (I F CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY ❑ PURCHASING: PLEASE CHARGE TO: Various account numbers to be determined of PUMA S nl'llt-Oduct 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIM.,,_DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW Zef 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: 04114"1142' COUNCIL APPROVAL DATE: F}'1 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED ❑ LAW DEPARTMENT , ATORY(MAYOR OR DIRECTOR) L CITY CLERK -00 ASSIGNED AG# AG SIGNED COY RETURNED DATE SENT: Lt L "G'N lG�lo COMMENTS: The City of Seattle Seattle Police Department AMENDMENT NO. 1 I TO JAG FY17 MEMORANDUM OF UNDERSTANDING CITY OF FEDERAL WAY THIS AGREEMENT is made and entered into by and between The Seattle Police Department (SPD), a department of the City of Seattle, hereinafter referred to as "SPD", as represented by the Chief of Police; and the City of Federal Way as represented by Mayor, Jim Ferrell The original Agreement is amended as follows. All other terms and conditions of the original Agreement, as amended, remain in effect. Article V: PAYMENT Total compensation under this Agreement is amended from not to exceed $34,331 to not to exceed $35,601, an increase of$1,270. NOW THEREFORE, the parties hereto have executed this Amendment to JAG FY17 Memorandum of Understanding City of Federal Way by having their representatives affix their signatures below. Amendment Histor for referencepurposes on y:` History Brief Description of Change Original $34,331 Amendment 1 Add $1.270 Total $35,601 The parties have executed this Amendment by having their representatives sign below. FEDERAL WAY POLICE DEPARTMENT SEATTLE POLICE DEPARTMENT m Ferrell Mark Baird Mayor, City of Federal Way Chief Operating Officer Date 0,01 Date :0 2 Ze Page 1 Allocation Memorandum of Understanding v-3 FY 2017 Edward Byrne Memorial Justice Assistance Grant This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2017 Edward Byrne Memorial Justice Assistance Grant. I. Participating Jurisdictions The participating jurisdictions (Bellevue and Burien have declined), relevant to this MOU, in the Edward Byrne Memorial Justice Assistance Grant are: • City of Auburn • Des Moines • City of Federal Way ® City of Kent • King County City of Renton City of SeaTac City of Seattle ® City of Tukwila II. Background and Purpose Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. III. Disparate Certification Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used, and indicating who will serve as the applicant/fiscal agent for the joint funds. The above jurisdictions are certified as disparate. IV. Fiscal Agent and Fund Allocation The City of Seattle will act as the applicant and will serve as the fiscal agent for the joint funds. The City of Seattle will charge a 3% administrative fee for these services. Revised March 2020 Pagel of 3 The allocation of funding is as follows: INITIAL ALLOCATIONS Burien Added 3%fee New Total Old Total Difference KING COUNTY 39,993 $ 41,445 $ 1,243 $207,326 $ 201,131 $ 6,195 AUBURN CITY 31,514 $ 32,686 $ 981 $ 31,706 $ 30,568 $ 1,138 BELLEVUE CITY (MOU to Seattle) 14,555 $ $ $ - BURIEN CITY 21,730 $ - $ - $ 21,078 $ (21,078) DES MOINES CITY 11,466 $ 11,983 $ 359 $ 11,623 $ 11,122 $ 501 FEDERAL WAY CITY 35,393 $ 36,702 $ 1,101 $ 35,601 $ 34,331 $ 1,270 KENT CITY 35,049 $ 36,338 $ 1,090 $ 35,248 $ 33,998 $ 1,250 RENTON CITY 26,948 $ 27,970 $ 839 $ 27,130 $ 26,140 $ 990 SEATAC CITY 17,954 $ 18,679 $ 560 $ 18,118 $ 17,415 $ 703 SEATTLE CITY 406,964 $ 420,535 $ 274,652 $ 266,275 $ 8,377 TU KW I LA CITY 16,409 $ 17,083 $ 512 $ 16,570 $ 15,917 1 $ 653 Totals 657,975 $ 6,687 $657,975 $ 657,975 $ (0) V. Project Allocations and Reporting Participating jurisdictions are responsible for identifying their own projects for funding, and for providing project information to the identified fiscal agent, the City of Seattle, for purposes of submitting one joint application on behalf of all participating jurisdictions. Upon receipt of award documents, and prior to expense of funds pertaining to the JAG Program, the fiscal agent will enter into Interagency Agreements with all participating jurisdictions. IV. Funds Remaining at End of Grant If an agency has funds remaining that it will not spend and no extension is requested, all parties agree that the funds will be re-obligated to Seattle within the final three months of the grant. Notification between Seattle and the agency willing to forgo funds will occur three months prior to the end of the period of performance. Revised March 2020 Page 2 of 3 Memorandum of Understanding FY 2017 Edward Byrne Memorial Justice Assistance Grant Signature Page City of Federal Way Jurisdiction: Signature: im Ferrell, Mayor Name &Title: Date: J To be signed by Mayor, City Administrator or Executive Revised March 2020 Page 3 of 3 COUNCIL MEETING DATE: April 21,2020 ITEM#: 5b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENT NO. 1 TO THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT(JAG) PROGRAM FOR FY 2017 POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department accept the Amended Contract and updated Allocation MOUs for Edward Byrne Memorial Justice Assistance Grant(JAG)FY2017? Acceptance of grant requires no matching funds. COMMITTEE: PRHS&PSC MEETING DATE: April 14,2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DIANE C. SHINES,CIVILIAN OPERATIONS MANAGER DEPT: POLICE Attachments: 1. Staff Report Memo JAG 2017 2. FY17 JAG MOU Amendment No. 1 3. Allocation MOU FYI JAG 2017 Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: Option#1 MAYOR APPROVAL: DIRECTOR APPROVAL: ' unu uta: Cac InitiiND e Initial/Date Initta IDatc COMMITTEE RECOMMENDATION:I move to forward the Amendment NO. I JAG FY2017 MOUS to the April 21, 2020 consent agendafor approval. t 1Pc56t-ft,,-V]tA,J�ti �IYV�C" -Vic. V Ir yt] 1i�ll z.� VBG. ; 4-1q-7�1 - VF `i Ll`u2� Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the JAG FY2017 Amendment NO. 1 and Allocation MO Us, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) ( OL:NCTI_ACTION: EA- .1141'1201 ED) �f�l�� COUNCIL BILL# U 1)1_N I ICD First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—4/2019 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: April 14, 2020 TO: PRHS&PSC VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Amendment NO. 1 to the JAG FY 2017 Edward Byrne Memorial Justice Grant MOU Financial Impacts: The total compensation, which will be received by the City of Federal Way/Federal Way Police Department,under the original JAG FY2017 agreement,is amended from$34,331,to $3 5,601,an increase of$1270. All other terms and conditions of the original agreement will remain in effect. Acceptance of the grant requires no matching funds Background Information: Funds are requested to provide temporary support personnel in the Information Technology Department to support GIS improvement for address verification, and enhanced GIS mapping. The salary is based upon an average hourly rate of$18 per hour and 1907 hours worked. The City of Burien declined to participate in the Edward Byrne Memorial Justice Assistance Grant Program (JAG) FY2017. The funds allotted to the City of Burien will be reallocated to the remaining participating jurisdictions. An amended contract and allocation MOU is required to execute the JAG FY 17 agreement, so the City of Federal Way can seek final reimbursement. Rev.7/18 COUNCIL MEETING DATE: September 17,2019 ITEM#: 50 --- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT(JAG) PROGRAM FOR FY 2017 POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department accept the Edward Byrne Memorial Justice Assistance Grant(JAG) Grant for FY 2017? Acceptance of grant requires no matching funds. COMMITTEE: PARKS,RECREATION,HUMAN SERVICES AND PUBLIC MEETING DATE: SAFETY COUNCIL COMMITTEE—(PRHS&PSC) September 10,2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DIANE C. SHINES,CIVILIAN OPERATIONS MANAGER DEPT: POLICE Attachments: 1. PRHS &PS Staff Report 2. Resubmittal Cover Letter 3. Grantee Certifications and Assurances 4. JAG 2017 Grant Award 5. JAG 2017 Budget Worksheet Options Considered: 1. Accept the FY 2017 JAG Grant 2. Reject the FY 2017 JAG Grant MAYOR'S RECOMMEND ON: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: + r9 m 'tt 'Cour ii Co ]nitsatlUaic 4India/Date InitiaWaty COMMITTEE RECOMMENDATION:I move to forward the FY 2017 JAG Grant to the September 17, 2019 consent agenda for approval. mmittee Chair Committee M tuber Com6&ee Member PROPOSED COUNCIL MOTION:I move approval of the FY 2017 JAG Grant (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) ,,q)L NCIL ACTIO. APPROVED � �`�► COUNCIL BILL# DENIED 1� First reading ❑ TABLEDIDE DINO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—4/2019 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 10, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: FY 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Financial I inpacts: Funds are requested to provide temporary support personnel in the Information Technology Department to support GIS improvement for address verification and enhanced GIS mapping. The salary is based upon an average hourly rate of$18 per hour and 1907 hours worked. Background The Edward Byrne Memorial Justice Assistance Grant(JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems,processes, and procedures. The City of Seattle is identified as the Fiscal Agent, submitting the joint application to the Bureau of Justice Assistance to request JAG program funds; and pursuant to the terms of the grant, the City of Seattle is to distribute grant funds to the County and one or more jurisdictions. The City of Seattle ("City") is resubmitting its Grant Award Document and Certifications Document for the Fiscal Year(FY) 2017 Byrne Justice Assistance Grant (JAG) Award per the guidance provided by the Department of Justice ("DOJ"), but continues its strong objection to certain conditions, specifically Paragraph 7 of the Certifications and Assurances by the Chief Executive regarding the compliance with 8 U.S.C. § 1373 and conditions 52 through 56. The DOJ's authority to require compliance with Award Conditions 52 through 56 in FY 2017 JAG awards is the subject of pending litigation. DOJ has determined that it will not use or enforce those conditions in FY 2017 JAG awards to the ("City"). Proposal The Department proposes to use its share of the grant to fund temporary IT support staff. The JAG Program allows for investment in technology and equipment improvements to enhance efficiencies, and service to the Community through the Police Department. Staffing levels in the Information Technology Department have fallen short of expectations, delaying much needed upgrades and enhancements to law enforcement programs, specifically GIS systems. The lack of 1 upgrades/enhancements have resulted in significant staff hours scrubbing data and utilizing time consuming verification processes to produce critical data needed for regional information sharing. IT Support personnel will serve to support a number of planned technology improvements in 2018; to include; enhanced geographical verification, improved validity of crime data, increase mapping capability, and improve necessary infrastructure upgrades to support a number of data sharing and data driven analysis initiatives. Deliverables include increased accuracy of real-time incidents that are being traced and reported into regional databases to combat gun violence, violent gangs, and support collaborative data driven prosecution. Specific projects are described in the attached financial and narrative summary document. Project Award: $34,331. Program.Need: Provide investments needed to increase economic efficiency by spurring technological advances to enhance safety and create efficiencies that allow officers and staff more time serving the citizens of Federal Way. The Federal Way Police Department and Information Technology Department will provide a project management matrix that identifies the scope of work, timelines, target dates, and milestones. 2 Memorandum of Understanding Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2017 Local Solicitation Executed by City of Seattle Department Authorized Representative: Faye Landskov 610 5thAvenue PO Box 34986 Seattle,WA 98124-4986 and City of Federal Way, hereinafter referred to as "Subrecipient" JAG Grant Manager: Diane C. Shines 33325 8 Ave S Federal Way, WA 98003 IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. FY 17 JAG Interagency Agreement,Page 1 of 7 City of Federal Way City of Seattle - a2g���� Ji ' rretNayor Mark R. Baird Chief Operating Officer, Seattle Police Department Date: Date: 1a75 1 9 Authorized by: Edward Byrne Memorial Justice Assistance Grant(JAG)Program WHEREAS, the Justice Assistance Grant(JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions; and WHEREAS,the JAG Program supports all components of the criminal justice system,from multi-jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts,corrections,treatment, and justice information sharing initiatives; and WHEREAS,the United States Congress authorized$657,975 in the Justice Assistance Grant (JAG) Program for jurisdictions in King County; and WHEREAS, 11 jurisdictions in King County were required to apply for a JAG Program award with a single,joint application; and WHEREAS,the City of Seattle ("City"),as the identified Fiscal Agent,submitted the joint application to the Bureau of justice Assistance on September 5, 2017 to request JAG Program funds; and WHEREAS,based on the City's successful application,the Bureau of Justice Assistance has awarded$657,975 to the City from these JAG Program funds;and WHEREAS,pursuant to the terms of the grant whereby the City,as the identified Fiscal Agent for this award,is to distribute grant funds to co-applicants,the City intends to transfer some of the JAG funds it receives to those co-applicants; and WHEREAS,the City is not obligated to continue or maintain grant funding levels for the JAG Program once grant funds have lapsed; and WHEREAS,Subrecipients of JAG funds from the City should not anticipate the City will assume responsibility for any program costs funded by JAG once JAG funds are spent; NOW THEREFORE,the parties hereto agree as follows: This Interagency Agreement contains seven Articles: FY 17 JAG Interagency Agreement,Page 2 of 7 ARTICLE I: TERM OF AGREEMENT: The term of this Interagency Agreement shall be in effect from the date it is executed, until September 30, 2020 unless terminated earlier pursuant to the provisions hereof. ARTICLE II: DESCRIPTION OF SERVICES The services to be performed under this Agreement shall be conducted for the stated purposes of the Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a.) The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement; prosecution and court programs; prevention and education programs; corrections and community corrections; drug treatment and enforcement; crime victim and witness initiatives; and planning, evaluation, and technology improvement programs. ARTICLE III: SPECIAL CONDITIONS 1. Funds are provided by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance solely for the purpose of furthering the stated objectives of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Subrecipient shall use the funds to perform tasks as described in the Scope of Work portion of this Agreement. 2. The Subrecipient acknowledges that because this Agreement involves federal funding, the period of performance described herein will likely begin prior to the City's receipt of appropriated federal funds. The Subrecipient agrees that it will not hold the City or the Department of Justice liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to the City's receipt and distribution of federal funds. In the event that the Department of Justice requires the City to repay awarded funds for failure to comply with Special Conditions 52-56 listed in Attachment A,the Subrecipient will repay the City any funds it received under this Agreement that the City is required to repay to the federal government. Subrecipient further acknowledges and agrees that the City may reject federal funds if it is required to comply with Special Conditions 52-56 as a prerequisite for receiving these funds. Subrecipient will not pursue the City for such funds but may be able to pursue the federal government. 3. This contract is funded with federal grant funds under CFDA 16.738. The grant is FY 2017 Justice Assistance Grant Program Award # 2017-DJ-BX-0496. All federal financial and grant management rules and regulations must be adhered to in the execution of this contract. Exhibit Attachment A is a copy of the federal award documents.All special conditions stated in the award documents apply to the execution of this contract. All Subrecipients are assumed to have read, understood, and accepted the Award as binding. 4. The Subrecipient acknowledges that all allocations and use of funds under this agreement will be in accordance with the Edward Byrne Memorial Justice Assistance FY 17 JAG Interagency Agreement,Page 3 of 7 Grant (JAG) Program: FY 2017 Local Solicitation.Allocation and use of grant funding must be coordinated with the goals and objectives included in the Local Solicitation.All Subrecipients are assumed to have read, understood, and accepted the Local Solicitation as binding. S. Subrecipient agrees to obtain a valid DUNS profile and create an active registration with the Central Contractor Registration (CCR) database no later than the due date of the Subrecipient's first quarterly report after a subaward is made. 6. The Subrecipient shall comply with all applicable laws, regulations, and program guidance. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R Part 2800 (together, the "Part 200 Uniform Requirements") apply to this 2017 award from the Office of Justice Programs (OJP). 7. The Subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principals, and Audit Requirements. a. Non-Federal entities that expend $500,000 or more in one fiscal year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the Office of Management and Budget (OMB) Circular A-133- Audits of States, Local Governments, and non-Profit Organizations. Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No.A-133, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and General Accounting Office (GAO). b. Subrecipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying the Washington State Auditor's Office and requesting an audit. c. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub-recipients also maintain auditable records. d. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report submitted to the Seattle Police Department. The Subrecipient must respond to requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The City reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. FY 17 JAG Interagency Agreement,Page 4 of 7 e. If applicable, once any single audit has been completed,the Subrecipient must send a full copy of the audit to the City and a letter stating there were no findings, or if there were findings,the letter should provide a list of the findings. The Subrecipient must send the audit and the letter no later than nine months after the end of the Subrecipient's fiscal year(s) to: Faye Landskov, JAG Program Manager Seattle Police Department 610 Sth Avenue PO Box 34986 Seattle,WA 98124-4986 206-733-9163 f. In addition to sending a copy of the audit,the Subrecipient must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subrecipient shall include the above audit requirements in any subcontracts. g. The Subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requirements, including, but not limited to, the provision of any information required for assessment or evaluation of activities within this agreement, and for compliance BJA reporting requirements. h. Suspension and Debarment: The Subrecipient certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in transactions by any Federal department or agency. By signing and submitting this Agreement, the Subrecipient is providing the signed certification set out below. The certification this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Subrecipient rendered an erroneous certification, the Federal Government and City may pursue available remedies, including termination and/or debarment. The Subrecipient shall provide immediate written notice to the City if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The Subrecipient agrees by signing this Agreement that it shall not enter into any covered transaction with a person or subcontractor who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City. The Subrecipient shall include the requirement in this section in any subcontracts. ARTICLE IV: SCOPE OF WORK The Scope of Work of this Agreement and the time schedule for completion of such work is as described in Attachment B: JAG Budget Worksheet, as approved by BJA.Attachment B is attached to and made part of this agreement. FY 17 JAG Interagency Agreement,Page 5 of 7 The work shall, at all times, be subject to the City's general review and approval. The Subrecipient shall confer with the City periodically during the progress of the Work, and shall prepare and present such information and materials (e.g. a detailed outline of completed work) as may be pertinent, necessary, or requested by the City or BJA to determine the adequacy of the Work or Subrecipient's progress. ARTICLE V: PAYMENT 1. Compensation The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this Agreement cannot exceed $34,331. The Subrecipient shall incur authorized allowable expenses in accordance with the Project Budget, as detailed in Attachment B. The Subrecipient may request additional reimbursement up to the amount of interest accrued on their portion of the grant award. The City will provide quarterly statements to the Subrecipient, once the interest balance accrued equals at least$1,000. Reimbursements will not be made for interest accrued that is less than $1,000. Reimbursements can be requested, up to the total amount of interest accrued, after the initial quarterly statement has been sent,to perform tasks in accordance with the Project Budget, as detailed in Attachment B. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates,which can be found at: http://www.gsa.gov. 2. Mariner of Payment The Subrecipient shall submit reimbursement requests not more than monthly, and at least quarterly.After the first quarter, monthly submission is preferred. Requests are due no later than 30 days after the end of the period in which the work was performed. Reimbursement request forms are provided. Substitute forms are acceptable. With each reimbursement request,the Subrecipient shall submit: • Detailed spreadsheet of expenditures by task and related financial documents (timesheets, invoices) • These documents and invoices must be kept on file by the Subrecipient and be made available upon request by the City or to state or federal auditors, for at least six years after the closure of the grant. Reimbursement will not be processed without accompanying documentation for the corresponding costs. Once the above conditions are met, payment shall be made by the City to the Subrecipient. FY 17 JAG Interagency Agreement,Page 6 of 7 Submit invoicing to Submit Documentation to Fiscal Accounts Payable Faye Landskov,JAG Program Manager Seattle Police Department Seattle Police Department 610 5th Avenue 610 5th Avenue PO Box 34986 PO Box 34986 Seattle,WA 98124-4986 Seattle,WA 98124-4986 SPDAP@seattle.gov 206-733-9163 Article VI. COOPERATION IN MONITORING AND EVALUATION. 1. SPD Responsibilities: SPD shall monitor, evaluate and provide guidance and direction to Subrecipient in the conduct of Approved Services performed under this Agreement. SPD has the responsibility to determine whether Subrecipient has spent funds in accordance with applicable laws, regulations, including the federal audit requirements and agreements and shall monitor the activities of Subrecipient to ensure that Subrecipient has met such requirements. SPD may require Subrecipient to take corrective action if deficiencies are found. SPD will not monitor Subrecipient's adherence to Special Conditions 52-56 in the Grant Award and Special Conditions documents. 2. Subrecipient Responsibilities. a. Subrecipient shall permit SPD to carry out monitoring and evaluation activities, including any performance measurement system required by applicable law, regulation, funding sources guidelines or by the terms and conditions of the applicable Notice of Prime Award, and Subrecipient agrees to ensure,to the greatest extent possible,the cooperation of its agents, employees and board members in such monitoring and evaluation efforts. This provision shall survive the expiration or termination of this Agreement. b. Subrecipient shall cooperate fully with any reviews or audits of the activities under this Agreement by authorized representatives of SPD, DOJ, the U.S. Government Accountability Office or the Comptroller General of the United States and Subrecipient agrees to ensure to the extent possible the cooperation of its agents, employees and board members in any such reviews and audits. This provision shall survive the expiration or termination of this Agreement. ARTICLE VII: AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement,by mutual agreement. FY 17 JAG Interagency Agreement,Page 7 of 7 City of Seattle Invoice Voucher JAG 2017 invoice#• Agency Name: Sub Recipient Certification: Seattle Police Department 610 5th Avenue I hereby certify under penalty of perjury that the items&totals PO Box 34986 listed herein are proper charges for materials, merchandise,or Seattle,WA 98124-4986 services furnished,and that all goods furnished and/or services rendered have been provided in accordance with the approved JAG Program Narrative and Project Budget,and comply with all requirements set forth in the JAG Interagency Agreement. Sub Recipient: (Reimbursement is payable to) Diane Shines City of Federal Way 33325 8 AV S Submitted by: Federal Way,WA 98003 Diane Shines,Sub Recipient Project Director Date: Approved by: CFDA#16.738 Grant#2017 DJ BX 0496 Faye Landskov,Seattle JAG Program Manager Project Title: Project FY 2017 Justice Assistance Grant Program Date: Activity Grant Term Dates:10/1/2016-9/30/2020 Submitted herewith for payment are expenditures made for services performed and/or supplies and materials received during the above period. Duplicate copies of time sheet summary, invoices,proof of payment, proof of receipt,and signature are attached. A Project Status Report,as outlined in the Interagency agreement,is also attached to this voucher.Original documentation are maintained on file. Current Past Cumulative Project Budget Expenditures Expenditures Expenditures Balance Personnel $ 34,331.00 $ $ $ $ 34,331.00 Fringe Benefits $ - $ $ $ $ - Travel/Training $ $ $ $ $ Equipment/Supplies $ $ $ $ Consultants/Contracts $ - $ $ $ $ Other $ $ $ $ $ TOTAL $ 34,331.00 $ $ $ $ 34,331.00 Revised 3/11/10 ,I 1� City of Seattle Mayor Jenny A. Durkan May 9,2019 Mr. Matt Dummermuth Principal Deputy Assistant Attorney General U.S. Department of Justice Bureau of Justice Assistance/Office of Justice Assistance 810 Seventh Street, NW Washington, DC 20531s RE: FY 2017 Byrne JAG Award#2017-DJ-BX-0496 Dear Mr.Dummermuth, The City of Seattle("City") is resubmitting its Grant Award Document and Certifications Document for the FY 2017 Byrne Justice Assistance Grant(JAG)Award per the guidance provided by the Department of Justice ("DOJ"). In so doing,the City accepts this award but rejects certain conditions, as outlined below. The City continues to maintain its strong objection to certain conditions,specifically Paragraph 7 of the Certifications and Assurances by the Chief Executive regarding compliance with 8 U.S.C.§ 1373 and Conditions 52 through 56, inclusive in the Grant Award and Special Conditions document.Although the City has not modified or crossed out the Special Conditions 52 through 56, please note the prominent disclaimer the City has appended to the text of these documents. Nothing in Seattle's acceptance of this award shall be construed as a certification of compliance with Paragraph 7 of the certification document or as an acceptance of Award Special Conditions 52, 53,54, 55,or 56 in the Grant Award and Special Conditions documents.Without waiving any other arguments, claims,or defenses,the City asserts the Special Conditions placed upon the award and disbursement of FY 2017 JAG funds are unlawful, unconstitutional, unenforceable,and ultra vires. Please do not hesitate to contact me at(206)684-5452 or via email at Michelle.Chen@5eattle.gov, if you have any questions. Sincerely, All Michelle S. Chen Legal Counsel, Mayor of Seattle cc: Pete Holmes,Seattle City Attorney Kenny Pittman,Office of Intergovernmental Relations Office of the Mayor 1 600 Fourth Avenue,P.O.Box 94749,Seattle,WA 98124 1 206-684-4000 1 seattle.gov/mayor U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2017 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 2017 Edward Byrne Justice Assistance Granit("JAG") Program,and further to 34 U.S.C.§ 101530, I initial certify to the Office of Justice Programs("OJP"), U.S. Department of Justice("USDOJ"),that all of the following are true and correct: 1. 1 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. 1 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. 1 assure that the application described above(and any amendment to that application)was submitted for review to the governing body of the unit of local government(e.g., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification. 4. 1 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. 1 assure that,for each fiscal year of the award (if any)that OJP makes based on the application described initial 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. 1 have carefully reviewed 34 U.S.C.§10153(a)(5), and,with respect to the programs to be funded by the award(if any), I hereby make the certification required by section 101,53(a)(5),as to each of the items specified initial therein. 7. I haveexamined-th"ert' ication entitled"State or Local Government: FY 2017 Certifi nnxp ce with 6 U.S.C. § 1373E ecuted by the to the FY 2017 JAG program an su fitted in sup of-ffie�-&ppliCWi6n e�bed a lave—.arm ' t I have no reason to initial belie,o-t ifl a lona a fats or othe ncorrect. Signat f Chief Eecpflve of the Applicant Unit of Date of ertlfkation � Local o rnment Je A. Durkan Mayor Printed Name of Chief Executive Title of Chief Executive City of Seattle, Washington Name of Applicant Unit of Local Government *Acceptance of Byrne-JAG 2017 funds by Plaintiffs New York,Connecticut,New Jersey, Rhode Island, Washington,and the Commonwealths of Massachusetts and Virginia—and by the political subdivisions of Plaintiff states—shall not be construed as acceptance of Special Conditions 1¶52-56. Nor shall these initial conditions be enforced against these grantees given Judge Ramos's ruling in New York et al., v. U.S. Department of Justice et al., 18 Civ.6471(ER)(ECF 114 and 122)(S.D.N.Y.)where these disputed conditions were enjoined for the reasons stated therein,including that 8 U.S.C.§ 1373 was unconstitutional and not within the purview of"all applicable laws"as referenced in 34 U.S.C.§ 10153(a). Rev.August 10,2018 v U.S.Department of Justice Office of Justice Programs Office of the Assistant Attorney General Wwhingron,D.C. 20531 October 10,2018 The Honorable Ed Murray City of Seattle 700 511,Avenue,Suite 5800 Seattle,WA 98124-4708 Dear Mayor Murray: On behalf of Attomey General Jefferson Sessions III,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 17 Edward Byrne Memorial Justice Assistance Grant(JAG)Program- Local Solicitation in the amount of$657,975 for City of Seattle. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and Financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation ofthe terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: - Program Questions,Jeffrey S.Felten-Green,Program Manager at(202)514-8874;and - Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, Matt Dummermuth Principal Deputy Assistant Attorney General Enclosures OFFICE FOR CIVIL RIGHTS Office of Justice Programs U.S.Department of Justice 810 7th Street,NW Washington,DC 20531 Tel:(202)307-0690 TTY:(202)307-2027 E-mail:askOCR@usdoj.gov Website:www.ojp.usdoj.gov/our OCR Letter to All Recipients October 10,2018 The Honorable Ed Murray City of Seattle 700 5th Avenue,Suite 5800 Seattle,WA 98124-4708 Dear Mayor Murray: Congratulations on your recent award. In establishing financial assistance programs,Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of Justice (DOJ)is responsible for ensuring that recipients of financial assistance from the OJP,the Office of Community Oriented Policing Services (COPS),and the Office on Violence Against Women(OVW)comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race,color,national origin, religion,sex,or disability in funded programs or activities,not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013,President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994(VAWA)by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race,color,national origin,religion,sex,disability,sexual orientation,or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1,2013. The OCR and the OV W have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at https://ojp.gov/abouttocr/vawafaqs.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to prohibitions against unlawful discrimination. Accordingly,the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition,based on regulatorycriteria,the OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Providing Services to Limited English Proficiency(LEP)Individuals 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 limited English proficiency(LEP). See U.S.Department of Justice,Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,67 Fed.Reg.41,455(2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see the website https://w%%,w.lep.gov. Ensuring Equal Treatment of Faith-Based Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ regulation,Partnerships with Faith-Based and Other Neighborhood Organizations,28 C.F.R.pt.38,updated in April 2016, prohibits all recipient organizations,whether they are law enforcement agencies,governmental agencies,educational institutions,houses of worship,or faith-based organizations,from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities include worship,religious instruction,or proselytization. While funded organizations may engage in non-funded explicitly religious activities(e.g.,prayer),they must hold them separately from the activities funded by the DOJ,and recipients cannot compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary s religion,religious belief,a refusal to hold a religious belief.or a refusal to attend or participate in a religious practice. Funded faith-based organizations must also provide written notice to beneficiaries,advising them that if they should object to the religious character of the funded faith based organization,the funded faith-based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation,please see the OCR's website at hitps://ojp.gov/about/ocr/parinerships.htm. SAAB and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as amended,34 U.S.C.§ 10228(c);the Victims of Crime Act of 1984,as amended,34 U.S.C.§20110(e);the Juvenile Justice and Delinquency Prevention Act of 1974,as amended,34 U.S.C.§I I182(b);and VAWA,as amended, 34 U.S.C.§ 12291(b)(13),contain prohibitions against discrimination on the basis ofreligion in employment. Despite these nondiscrimination provisions,the DOJ has concluded that it may construe the Religious Freedom Restoration Act(RFRA)on a case-by- ease basis to permit some faith-based organizations to receive DO]funds while taking into account religion when hiring staff,even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S.Department of Justice on the U.S.Equal Employment Opportunity Commission's Enforcement Guidance:Consideration of Arrest and Conviction Records in Employment Decisions Under Title V/l of rhe Civil Rights Act of 1964(June 2013),available at https://ojp.gov/about/ocr/pdfs[UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin,resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. if warranted,recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans(EEOPs)(see below). Complying with the Safe Streets Act An organization that is a recipient of£financial assistance subject to the nondiscrimination provisions of the Safe Streets Act,must meet two obligations:(1)complying with the federal regulation pertaining to the development of an EEOP(see 28 C.F.R.pt.42,subpt.E)and(2) submitting to the OCR findings of discrimination(see 28 C.F.R.§§42.204(c),.205(c)(5)). Meeting the EEOP Requirement An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data,as well as the recipient's employment practices,to identify possible barriers to the participation ofwomen and minorities in all levels of a recipient's workforce. As a recipient of DOJ funding,you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more information on whether your organization is subject to the EEOP requirements,see haps://ojp.gov/about/ocr/eeop.htm. Additionally,you may request technical assistance from an EEOP specialist at the OCR by telephone at(202)616-1771 or by e-mail at EEOPforms@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award,your organization has received an adverse finding of discrimination based on race, color,national origin,religion,or sex,after a due-process hearing,from a state or federal court or from a state or federal administrative agency,your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAB must have standard assurances to notify subrecipients of their civil rights obligations,written procedures to address discrimination complaints filed against subrecipients,methods to monitor subrecipients'compliance with civil rights requirements,and a program to train subrecipients on applicable civil rights laws. In addition,SAAB must submit to the OCR every three years written Methods of Administration(MOA)that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement,see https://ojp.gov/funding/Explore/StatcMethodsAdmin-FY2017update.htm. if the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance,please contact us. Sincerely, a. A&A--- Michael L.Alston Director cc: Grant Manager Financial Analyst U.S.Department of Justice Office of Justice Programs PAGE I OF 21 } Bureau of Justice Assistance Grant 1,RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2017-DJ-BX-0496 City of scaltla _ 700 51h Avenue,Suite 5800 5.PROJECT PERIOD:FROM 10/01/2016 TO 09/30/2020 Seattle,WA 98124-4705 BUDGET PERIOD:FROM 10/01/2016 TO 09/30/2020 6.AWARD DATE 10/10/2018 7.ACTION 2a.GRANTEE IRSNENDOR NO. 8.SUPPLEMENT NUMBER Initial 916001303 00 2b.GRANTEE DUNS NO, — — --- 790597814 9.PREVIOUS AWARD AMOUNT S u 3.PROJECT TITLE 10 AMOUNT OF THIS AWARD $657,975 FY 2017 Edward Byrne Memorial Justice Assistance(JAG)Grant _ .... Formula Program 11.TOTAL AWARD S657,975 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 pmar.t is under FY I7(BJA-JAG State and JAG Is cal)Title 1 of Pub.L.No.90-351(generally codified at 42 U.S.C,3711-3797fF-5), inOwbul,r,,Niart I orpart E(cadified at 42 U.S.C.5750-3758):see also 28 U.S.C.3300{4). 14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Numbor) 16-738-Edward Byme Memorial Justice Assistance Grant Program 15,METHOD OF PAYMENT GPRS —w AGENCYAPPROVAL GRANTEEACCEPTAN(:1.,. 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Matt Dummcrmuth Ed 1.;,:rtny Principal Deputy Assistant Attorney General Mayor initial 17 SIGNATURE OF APPROVING OFFICIAL 19.SIGNAIt E Ar mio K 12Y RECIPIENT OFFICIAL 19A.DATE AGENCY USE ONLY 20,ACCOUNTING CLASSIFICATION CODES 21. SDJUGT0007 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT j X B D1 80 00 W 657975 t OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. initial 'Acceptance of Byrne-JAG 2017 funds by Plaintiffs New York,Connecticut,New Jersey, Rhode Island. Washington,and the Commonwealths of Massachusetts and Virginia—and by the political subdivisions of OJP FORK!40002(REV.4-88) Plaintiff states—shall not be construed as acceptance of Special Conditions¶¶52-56.Nor shall these conditions be enforced against these grantees given Judge Ramos's ruling in New York et al.. v. U.S. Department of Justice et al., 18 Civ.6471 (ER)(ECF 114 and 122)(S.D.N.Y.)where these disputed conditions were enjoined for the reasons stated therein,including that 8 U.S.C.§ 1373 was initial unconstitutional and not within the purview of"all applicable laws"as referenced in 34 U S.C.§10153(a) U.S.Department of Justice 7� I'' Office of Justice Programs AWARD CONTINUATION /y Bureau of Justice Assistance SHEET PAGE 2 OF 21 •. � Grant PROJECT NUMBER 2017-DJ-BX-0496 AWARD DATE 10/10/2018 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 ON 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 42 U.S.C.3795a),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). I Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision I shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted and supplemented by DOJ in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY 2017 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this FY 2017 award supptrr;rents 1,inds previously awarded by OJP uudcr the sante award number(e.g.,funds awarded during or before I1c::::int, ]ill t),thr fart 200 I',1ifo,n•Re,lturcments app/a with rasped to all fwed under th 1C a/ar ;:c::6cr (ren rdh+ss of Ilse award date,o:iJ;c :jYdIcrs of whcthcr derived from the initial award or a supplemental award)that arc ubIipat ed oil or after the acw:epI.iri�e dale of this FY 2017 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"),see the OJP website at https://ojp.gov/funding/Part200liniformRequirements.htm. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the recipient is to contact OJP promptly for clarification. 3. Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the DOJ Grants Financial Guide as posted on the ON website(currently,the"2015 DOJ Grants Financial Guide"available at https://ojp.gov/finnncialguide/DOJ/index.hini),including any updated version that may be posted during the period of performance. --- __ initial OJP FORM 4000P-(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION ' . SHEET PAGE 3 of zl Bureau of Justice Assistance Grant PROJECTNUMBER 2017-DJ-BX-0496 AWARD DATE 10/10/2019 SPECIAL CONDITIONS 4, Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Financial Point,of Contact(FPOCs)for this award must have successfully completed an"OJP financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1,2016,will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or after January 1,2016,will satisfy this condition. A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for purposes of this condition is available at https://www.ojp.gov/training/frnts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold("freeze")award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 5. Requirements related to"de minimis"indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minim is" indirect cost rate described in 2 C.F.R.200.4140,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. 6. 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 agony(OJP or O V 1Y,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. r initial OJP FORM 400012(REV.448) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION ;`. Bureau of Justice Assistance SHEET PAGE 4 OF 21 Grant PROJECTNUMBER 2017-DJ-BX-0496 AWARD DATE 10/10/2018 SPECIAL CONDITIONS 7. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management(SAM), currently accessible at https://www.sam.gDv/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients (first-tier"subgrantees"),including restrictions on subawardc 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 htlps://ojp.goy/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). 8. All subawardc("subgrants")must have specific federal authorization The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that--for purposes of federal grants administrative requirements—OJP considers a"subaward"(and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAulliorization.htm(Award condition: All subawardc("subgrants")must have specific federal authorization),and are incorporated by reference here. 9. 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 arc posted on the OJP web site at https://ojp.gov/funding/Explore/NonroinpetitiveProcurement.htni (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. f• initial OJP FORM 4000/2(REV.4-88) , U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION 01�,,,I� 1 Bureau of Justice Assistance SHEET PACE s of zl Grant PROJECTNUMBER 2017-DJ-BX-0496 w AWARD DATE 10/10/2018 SPECIAL CONDITIONS 10. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and OJP authority to terminate award) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProliibitedConduct-Trafficking.htm(Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP authority to terminate award)),and are incorporated by reference here. 11. 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"20B DOJ Grants Financial Guide"). 12. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner(including within the timeframes)specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws. 13. OJP Training Guiding Principles Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/ojptrainingguidingprinciples.htm. 14. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of DO]awards. 15. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OV W,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. initial OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 6 OF 21 Grant i PRONCTNUMBER 2017-DJ-BX-0496 AWARD DATE 10/102019 SPECIAL CONDITIONS 16. 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.Pen 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an equal employment opportunity program. 17. 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." 18. Compliance with DOJ regulations penaining 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. Part 38 of28 C.F.R.,a DOJ regulation,was amended effective May 4,2016. Among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion,a religious beliefs 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 penin to recipients and subrecipients that are faith-based or religious organizations. The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is available via the Electronic Code of Federal Regulations(currently accessible at h"ps://wNvw.ecfr.gov/cgi- bin/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Pen 38,under a-CFR"current" data. 19. Restrictions on'lobbying" In general,as a matter of federal lava,federal funds awarded by OJP may not be used by the recipient,or any subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal, modification,or adoption of any law,regulation,or policy,at any level of government. See 18 U.S.C.1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient,or any subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending, or modifying any such award. See 31 U.S.C.1352. Cenain 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. initial OJP FORM 40002(M.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 7 OF 21 j . Grant PROJECTNUMBER 2017-DJ-BX-0496 AWARD DATE 10/10/2018 SPECIAL CC]NDITR),VS 20. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2017) 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,2017,are set out a1 httpsJ/ojp.gov/funding/Explore/FY17AppropriationsRestrictions.htm,and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might fall within the scope of an appropriations-law restriction,the recipient is to contact OJP for guidance,and may not proceed without the express prior written approval of OJP. 21. 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. initial OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION F Bureau of Justice Assistance SHEET PACE s OF 21 Grant PROJECTNTMBER 2017-DJ-BX-0496 AWARD DATE 10/10/2018 SPECIAL CONDITIONS 22. 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 leams 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("subgranis"),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. - initial OJP FORM 4000/2(REV.446) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION ' Bureau of Justice Assistance SHEET PAGE 9 OF 21 a Grant i PROJECTNUMBER 2017-DJ-BX-0496 AWARD DATE 10/10/2018 SPECIAL CONDITIONS 23. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees) The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41 U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal grant. The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of employee rights and remedies under 41 U.S.C.4712. Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to contact the DOJ awarding agency(OJP or OVW,as appropriate)for guidance. 24. 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 safely policies and conduct education,awareness,and other outreach to dccrcase crashes caused by distracted drivers. 25. Cooperating with OJP Monitoring The recipient agrees to cooperate with OR monitoring of this award pursuant to OJP's guidelines,protocols,and procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks,including documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable deadlines set by ON 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). 26. 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 OR web site at hqs://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). OJP FORM 4000/2(REV.4-88) initial U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 10 OF 21 Grant PROJECTNUMBER 2017-DJ-BX-0496 AWARD DATE 10/10/2018 SPECIAL CONDITIONS 27. 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. 28. Justice Information Sharing In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community,the recipient(and any subrecipient at any tier) must comply with DOJ's Global Justice Information Sharing Initiative(DOJ's Global)guidelines and recommendations for this particular award.The recipient shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at: https:/Iit.ojp.gov/gsp_grantcondition.The recipient shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. 29. 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. 30. 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 OR determine 28 C.F.R.Part 23 to be applicable,OR 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 42 U.S.C.3789g(c)-(d). The recipient may not satisfy such a fine with federal funds. 31. Protection of human research subjects The recipient(and any subrecipient at any tier)mLL t comply with the requirements of 23 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. 32. Confidentiality of data The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of42 U.S.C.37898 and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.The recipient further agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular,28 C.F.R.22 23. OJP FORM 4000/2(REV.4-68) initial U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION a. Bureau of Justice Assistance SHEET PAGE n OF 21 r :- '_.. Grant PROJECT NUMBER 2017-D1-BX-0496 AWARD DATE 10110/2018 r SPECIAL CONDITIONS 33. 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 a-mail address. If any information is incorrect or has changed,a Grant Adjustment Notice(GAIN)must be submitted via the Grants Management System (GMS)to document changes. 34. Law enforcement task forces-required training Within 120 days of award acceptance,each current member of a law enforcement task force funded with award funds who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank, must complete required online(internet-based)task force training.Additionally,all future task force members must complete this training once during the period of performance for this award,or once every four years ifmultiple 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). 35, Required attendance at BJA-sponsored events The recipient(and its subreeipients at any tier)must participate in BJA-sponsored training events,technical assistance events,or conferences held by BJA or its designees,upon BJA's request. 36. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. r 1 v OJP FORM 40002(REV.4-88) initial U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 12 OF 21 i Grant PROJECT NUMBER 2017-DJ-BX-0496 AWARD DATE 10/10/2018 SPECIAL CONDITIONS 37. Compliance with National Environmental Policy Act and related statutes Upon request,the recipient(and any subrecipient ai any tier)must assist BJA in complying with the National Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient. Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes.If it is determined that any of the following activities will be funded by the award,the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below,whether or not they are being specifically funded with these award funds.That is,as long as the activity is being conducted by the recipient,a subrecipient,or any third party,and the activity needs to be undertaken in order to use these award funds,this condition must first be met.The activities covered by this condition are: a.New construction; b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plaits,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments;and e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA.The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at haps://bja.gov/Funding/nepa.himi,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 subrecipicnts'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. 38. 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.(The trust fund may or may not be an interest-bearing account.)The fund, including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the award funds in the trust fund(including any interest earned)during the period of performance for the award and expend within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to OJP at the time of closeout. F J lllltli OJP FORM 4000/2(REV.4-88) r r ,C}s U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 13 OF 21 Grant PROJECTNUMBER 2017-DJ-BX-0496 AWARD DATE 10/10/2018 SPECIAL CONDITIONS 39. Prohibition on use of award funds for match under BVP program JAG funds may be used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the DOJ Bulletproof Vest Partnership(BVP)program. 40. 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. 41. Body armor-compliance with NIJ standards 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 amlor 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 An-nor Model List(htlps://nij,gov/).In addition,ballistic-resistant and stab-resistant body armor purchased must be American-made.The latest NIJ standard information can be found here:https://nij.gov/topics/technology/body- armor/pages/safety-initiative.aspx. 42. Required monitoring of subawards The recipient must monitor subawards under this JAG 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. 43. Reporting requirements The recipient must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through OJP's GMS(https://grents.ojp.usdoj.gov).Consistent with the Departrncnes responsibilities under the Govetmmcnt 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 Messurement'rool(PMT)website(www.biaperformanceiools.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. 44. 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. initial OlP FORM 40D0/2(REV.4-99) ' U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION r Bureau of Justice Assistance SHEET PAGE w of 21 Grant PROJECT NUMBER 2017-DJ-BX-0496 AWARD DATE 1 0/1 0120 1 8 SPECIAL CONDITIONS 45. Prohibited Expenditures List Award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time.The Prohibited Expenditure List may be accessed here:https://wviw.bja.gov/funding/JAGControlledPurchaseList.pdf i 46. Controlled expenditures-prior written approval required Award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,without explicit written prior approval from BJA. The Controlled Expenditure List,and instructions on how to request approval for purchase or acquisitions are set out at haps://www.bja.gov/funding/JAGControlledPurcltaseList.pdf 47. Controlled expenditures-incident reporting If an agency uses award funds to purchase or acquire any item on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,the agency must collect and retain(for at least 3 years)certain information about the use of—(1)any federally-acquired Controlled Equipment in the agency's inventory,and(2)any other controlled equipment in the same category as the federally-acquired controlled equipment in the agency's inventory,regardless of source;and the agency must make that information available to BJA upon request.Details about what information must be collected and retained are set out at https;//ojp.gov/docs/I E- Equipment-NG-Final-Report.pdf. 48. Sale of items on Controlled Expenditure List Notwithstanding the provision of the Part 200 Utriform Requirements set out at 2 C.F.R.200.313,no equipment listed on the Controlled Expenditure List that is purchased with award funds may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment,except riot helmets and riot shields,to a Law Enforcement Agency(LEA)after obtaining prior written approval from BJA.As a condition of that approval,the acquiring LEA will be required to submit information and certifications to BJA as if it were requesting approval to use award funds for the initial purchase of items on the Controlled Expenditure List. p b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs,with the exception of fixed wing aircraft,rotary wing aircraft,and command and control vehicles.Before any such transfer or sale is finalized,the agency must obtain prior written approval from BJA.All law enforcement-related and other sensitive or potentially dangerous components,and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. The recipient must notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased with award funds,and must abide by any applicable laws(including regulations)in such disposal. 49. Prohibited or controlled expenditures-Effect of failure to comply Failure to comply with an award condition related to prohibited or controlled expenditures may result in denial of any further approvals of controlled expenditures under this or other federal awards. OJP FOAM 40002(REV.4-88) i initial f� U.S.Department of Justice s Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 15 OF 21 Grant PROJECTNUMBER 2017-DJ-BX-0496 AWARD DATE 10/Io2ol8 SPECIAL CONDITIONS 50. Controlled expenditures-Standards Consistent with recommendation 2.1 of Executive Order 13688,a law enforcement agency that acquires controlled equipment with award funds must adapt robust and specific written policies and protocols governing General Policing Standards And 5p,_ollu Controlkd Equipment Standard..General Policing Standards includes policies on(a) {-nnummity PoLanc;(1)C.an51iluii}n:ei Poliein„ural(-)Community Input and Impact Considerations.Specific Conrullcd hqutprncnt Slir.16.di incltsclrx puit°ics sprC3fi al;y related to(a)Appropriate Use of Controlled Equipment; (h)SuP'rci:.io❑Llf Llsc;(C) fte-Ti crass Evaluation;(d) Ufffng and Accountability;and(e)Transparency and Notice t altsSd rauuns.Lipo;1 0.Ir"s request,the recipient must provide a copy of the General Policing Standards and Specific Controlled Equipment Standards,and any related policies and protocols. 51. Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,2016 The recipient may obligate(federal)award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award(October 1,2016),however,the recipient may choose to incur project costs using non-federal funds,but any such project costs are incurred at the recipient's risk until,at a minimum--(1)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions are removed by OR(via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at- risk,"if and when the recipient makes a valid acceptance of this award and OR removes each applicable withholding condition through a Grant Adjustment Notice,the recipient is authorized to obligate(federal)award funds to reimburse itself for project costs incurred"at-risk"earlier during the period of perfomiance(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 ofsuch funds that would,in the absence of federal funds,be made available for law enforcement activities. - 52. "Certification of Compliance with 8 U.S.C. 1373"required for valid award acceptance by a unit of local govemment In order validly to accept this award,the applicant local governtncnt tnuat submit the required"Certifteatlou of Compliance with 8 U.S.C. 1373"(executed by the chief legal officer of the local government). Unless that executed initial certification either--(1)is submitted to OR 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 unit of local government that purports to accept the award is invalid. if an initial award-acceptance submission by the recipient is invalid,once the unit of local government does submit the necessary certification regarding 8 U.S.C.1373,it may submit a fully-executed award document executed by the unit of local government on or after the date of that certification. For purposes of this condition,"local government"does not include any Indian tribes. OJ?FORM 40002(REV.4-88) 'Acceptance of Byrne-JAG 2017 funds by Plaintiffs New York,Connecticut.New Jersey, Rhode Island, Washington,and the Commonwealths of Massachusetts and Virginia—and by the political subdivisions of Plaintiff states—shall not be construed as acceptance of Special Conditions¶¶52-56.Nor shall these conditions be enforced against these grantees given Judge Ramos's ruling in New York et al.. v. U S Department of Justice et al., 18 Civ 6471 (ER)(ECF 114 and 122)(S.D.N.Y.)where these disputed condib were enjoined for the reasons stated therein,including that 8 U S.C. § 1373 was unconstitutional and not initial within the purview of`all applicable laws-as referenced in 34 U.S C §10153(a) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION :yJ SHEET PAGE 16 OF 21 Bureau of Justice Assistance fi Grant PROJEc r NUMBER 2017-DJ-BX-0496 AWARD DATE 10/10/2019 SPECIAL CONDITIONS 53. Ongoing compliance with 8 U.S.C.1373 is required 1.With respect to the"program or activity"funded in whole or part under this award(including any such"program or activity"of any subrecipient at any tier),throughout the period of performance for the award,no State or local government entity,-agency,or-official may prohibit or in any way restrict--(1)any govermttent entity or-official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a);or initial (2)a government entity or-agency from sending,requesting or receiving,maintaining,or exchanging information regarding immigration status as described in 8 U.S.C.1373(b). For purposes of this award,any prohibition(or restriction)that violates this condition is an"information-communication restriction." 2.Certifications from subrecipients. The recipient may not make a subaward to a State or local government or a "public"institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C.1373,properly executed by the chief legal officer of the jurisdiction or institution that would receive the subaward,using the appropriate forin available at htlps://ojp.gov/funding/Explore/SatttpleCertifications-8USC 1373.h(m. Similarly,the recipient must require that no subrecipient(at any tier)may make a further subaward to a State or local government or a "public"institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C. 1373,properly executed by the chief legal officer of the jurisdiction 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(including for authorized reimbursements)for the reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State or local goverment or a"public"institution of higher education,incurs to implement this condition. 5.Rules of Construction A.For purposes of this condition: (l)"Slate"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 one that is owned,controlled,or directly funded by a State or local government. (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 for purposes of 8 U.S.C. 1373(Illegal Immigration Reform and Immigrant Responsibility Act of 1996);and terms that are defined in 8 U.S.C.1101(Immigration and Nationality Act) mean what they mean under that section 1101,except that the term"State"also shall include American Samoa(cf.42 U.S.C.901(a)(2)). (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 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 lava. OJP FORM 4000/2(REV.4-88) `Acceptance of Byrne-JAG 2017 funds by Plaintiffs New York,Connecticut,New Jersey,Rhode Island, Washington,and the Commonwealths of Massachusetts and Virginia—and by the political subdivisions ofinitial Plaintiff states—shall not be construed as acceptance of Special Conditions¶¶52-56.Nor shall these conditions be enforced against these grantees given Judge Ramos's ruling in New York et al.. v. U.S. Department of Justice et al., 18 Civ.6471 (ER)(ECF 114 and 122)(S.D.N.Y)where these disputed conditions were enjoined for the reasons stated therein,including that 8 U.S.C. § 1373 was unconstitutional and not within the purview of-all applicable laws"as referenced in 34 U.S.C.§ 10153(a). U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 17 OF 21 ` Grant PROJECTNUMBER 2017-DJ-BX-0496 AWARD DATE 10110/2U18 SPEC/AL CONDITIONS IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP,before award acceptance. 54. Authority to obligate award funds contingent on compliance with 8 U.S.C.1373;unallowable costs;obligation to notify 1. If the recipient is a State or local government-- A. The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the initial recipient(or of any subrecipient at any tier that is a either a State or unit of 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 either a State or unit of local government or a"public"institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any"information-communication restriction." C. Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and all subrecipients i (regardless of tier)are in compliance with 8 U.S.C.1373. D. The recipient must promptly notify OR(in writing)if the recipient,from its requisite monitoring of compliance with award conditions or otherwise,has credible evidence that indicates that the funded"program or activity"of the recipient,or of any subrecipient at any tier that is either a State or a local government or a"public"institution of higher education,may be subject to any"information-communication restriction."In addition,any subaward(at any tier)to a subrecipient that is either a State or a local government or a"public"institution of higher education must require prompt notification to the entity that made the subaward,should the subrecipient such credible evidence regarding an "information-communication restriction." 2. Any subaward(at any tier)to a subrecipient that is either a State or 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 subiect to any"information-communication restriction." 3. Absent nit 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 s subrccipient'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 award condition entitled"Ongoing compliance with 8 U.S.C.1373 is required." 4. Rules of Construction A. For purposes of this condition"information-communication restriction"has the meaning set out in the award condition entitled"Ongoing compliance with 8 U.S.C. 1373 is required." B. Both the"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing compliance with 8 U.S.C. 1373 is required"are incorporated by reference as though set forth here in full. initial ON FORM 4000/2(REV.4-88)-Acceptance of Byrne-JAG 2017 funds by Plaintiffs New York, Connecticut,New Jersey, Rhode Island,Washington, and the Commonwestths of Massachusetts and Virginia—and by the political subdivisions of Plaintiff states—shall not be construed as acceptance of Special Conditions¶¶52-56.Nor shall these conditions be enforced against these grantees given Judge Ramos's ruling in New York et al., v. U.S.Department of Justice et al., 18 Civ.6471 (ER)(ECF 114 and 122)(S.DXY.)where these disputed conditions were enjoined for the reasons stated therein,including that 8 U.S.C.§ 1373 was unconstitutional and not within the purview of"all applicable laws"as referenced in 34 U.S.C.§ 10153(a). U.S.Department of Justice Office oflustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 18 OF 21 Grant _ I PROJECT NUMBER 2017-DJ-BX-0496 AWARD DATE 10/10/2018 SPECIAL CONDITIONS 55. Required State-level rules or practices related to aliens;allowable costs The following provisions apply to the recipient of this award,if the recipient is a State government,and also apply to lcil any Stale-govemment subrecipient at any tier(whether or not the recipient is a State government). 1.Requirements 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 avrard-- A.A State statute,or a State rule,-regulation,-policy,or-practice,must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given to access any State(or State-contracted) correctional facility for the purpose ofpernitting such agents to meet with individuals who are(or are believed by such agents to be)aliens and to inquire as to such individuals'right to be or remain in the United States. B.A State statute,or a State rule,-regulation,-policy,or-practice,must be in place that is designed to ensure that, when a State(or State-contracted)correctional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility,then such facility will honor such request and--as early as practicable(see para.4.13.of this condition)--provide the requested notice to DHS. 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3.Allowable costs Compliance with these requirements is an authorized and priority purpose of this award.To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated(including for authorized reimbursements)for the reasonable,necessary,and allocable costs(if any)of(1)developing and putting into place statutes,rules,regulations,policies,and practices to satisfy this condition,and(2)permitting access as described in para. LA.above,and(3)honoring any request from DHS that is encompassed by para, I.B.above. 4.Rules of construction A.For purposes of this condition-- (1)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see 8 U.S.C. ! 1101(a)(3)). (2)the term"correctional facility"means what it means under the Title I of the Omnibus Crime Control and Safe Streets Act of 1968(see 42 U.S.C.3791(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 would have been released in the absence of this condition. Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least 48 hours,if possible)."(See DHS Form 1-247A(3/17)),In the event that(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 permit 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. llllh3l OJP FORM 40J0/2(REV.4-88) *Acceptance of Byrne-JAG 2017 funds by Plaintiffs New York,Connecticut,New Jersey,Rhode Island, Washington,and the Commonwealths of Massachusetts and Virginia—and by the political subdivisions of Plaintiff states—shall not be construed as acceptance of Special Conditions¶Q52-56.Nor shall these conditions be enforced against these grantees given Judge Ramos's ruling in New York et al., v. U.S. Department of Justice et al., 18 Civ.6471 (ER)(ECF 114 and 122)(S.D.N.Y.)where these disputed conditions were enjoined for the reasons stated therein,including that 8 U.S.C.§1373 was unconstitutional and not within the purview of all applicable laws"as referenced in 34 U.S.C. § 10153(a). U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 19 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0496 _ AWARD DATE 10/10/2018 SPECIAL CONDITIONS NOTE:Current DHS practice is to use one form(DHS Form I-247A(3/17))for two distinct purposes—to request advance notice of scheduled release,and to request that an individual be detained for up to 48(tours AFTER the scheduled release.This condition imposes NO requirements as to such DHS requests for detention. C.Both the"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing compliance with 8 U.S.C.1373 is required"are incorporated by reference as though set forth here in full. 56. Required local-government-level rules or practices related to aliens;allowable costs The following provisions apply to the recipient of this award,if the recipient is a unit of local government,and also initial apply to any local-government subrecipient of this award at any tier(whether or not the recipient itself is a unit of local government). 1. Requirements 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 ofperformance for the award-- A. A local ordinance,-rule,-regulation,-policy,or-practice(or an applicable State statute,-rule,-regulation,- policy,or-practice)must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given access a local-government(or local-govemment-contracted)correctional facility for the purpose of permitting such agents to meet with individuals who are(or are believed by such agents to be)aliens and to inquire as to such individuals'right to be or remain in the United States. B. A local ordinance,-rule,-regulation,-policy,or-practice(or an applicable State statute,-rule,-regulation,- policy,or-practice)must be in place that is designed to ensure that,when a local-government(or local-govemment- contracted)correctional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility, then such facility will honor such request and--as early as practicable(see"Rules of Construction"incorporated by para.4.13.of this condition)--provide the requested notice to DHS. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated(including for authorized reimbursements)for the reasonable,necessary,and allocable costs(if any)of--(1)developing and putting into place statutes,ordinances,rules,regulations,policies,and practices to satisfy this condition,(2)permitting access as described in para.I.A.above,and(3)honoring any request from DHS that is encompassed by para.I.B.above. 4. Rules of construction A. The"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing compliance with 8 U.S.C.1373 is required"are incorporated by reference as though set forth here in full. B. The"Rules of Construction"set out in the award condition entitled"Required State-level rules or practices related to aliens;allowable costs"are incorporated by reference as though set forth Here in full. initial O1P FORM 40002(REV.4-88) *Acceptance of Byrne-JAG 2017 funds by Plaintiffs New York, Connecticut,New Jersey,Rhode Island, Washington,and the Commonwealths of Massachusetts and Virginia—and by the political subdivisions of Plaintiff states—shall not be construed as acceptance of Special Conditions¶¶52-56.Nor shall these conditions be enforced against these grantees given Judge Ramos's ruling in New York et al., v. U.S Department of Justice et al., 18 Civ.6471 (ER)(ECF 114 and 122)(S.D N Y.)where these disputed conditions were enjoined for the reasons stated therein.including that 8 U S.0 § 1373 was unconstitutional and not within the purview of"all applicable laws"as referenced in 34 U S C §10153(a). U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION r Bureau of Justice Assistance SHEET PACE 20 OF 21 Grant PROJECTNUMBER 2017-DJ-BX-0496 AWARD DATE 10/10/2018 SPECIAL CONDITIONS 57. Use of funds for DNA testing;upload of DNA profiles If award funds are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System("CODIS,"the DNA database operated by the FBI)by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. 58. 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/prof)le.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 haps://www.bja.gov/SuccessStoryList.aspX. 59. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time during the course of the period of performance under this award,the recipient must disclose that fact and certain related information to OJP by email atOJP.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. 60. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September I,2017,various statutory provision.,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. 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. -- initial ON FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs ANVARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 21 OF 21 Grant PROJECTNVMBER 2017-DJ-BX-0496 AWARD DATE 10/102018 - SPECIAL CONDITIONS 62. 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. 63. Recipient integrity and performance matters: Requirement to report information on certain civil,criminal,and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal,and administrative proceedings connected with(or connected to the performance of)either this OJP award or any other grant,cooperative agreement,or procurement contract from the federal government Under certain circumstances,recipients of OJP awards are required to report information about such proceedings,through the federal System for Award Management(known as"SAM"),to the designated federal integrity and performance system (currently,"FAPIIS"). The details of recipient obligations regarding the required reporting(and updating)of information on certain civil, criminal,and administrative proceedings to the federal designated integrity and performance system(currently, "FAPIIS")within SAM are posted on the OJP web site at https://ojp,govlfunding/FAPIIS.htm(Award condition: Recipient Integrity and Performance Matters,including Recipient Repotting to FAPIIS),and are incorporated by reference here. OJP FOAM 40DN2(REV.4-88) /OinitW U.S.Department of Justice Office of Justice Programs a.._. Bureau of Justice Assistance Nashinglon,D.C. 10531 Memorandum To: Official Grant File From: Orbin Terry,NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Seattle The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system,some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds,whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly,prior to obligating funds for any of the specified activities,the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a.New construction; b.Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household, recreational,or education environments;and e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA. Further,for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements,please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document,as it may contain more specific information about environmental compliance. U.S.Department Justice GRANT MANAGER'S MEMORANDUM,PT.1: Office of Justice Programs PROJECT SUMMARY Bureau of Justice Assistance Grant -' PROJECTNUMBER PAGE I OF I 2017-DJ-BX-0496 This project is supported under FY 17(BJA-JAG State and JAG Local)Title I of Pub.L.No.90-351(generally codified at 42 U.S,C.3711-3797fF5),including subpart 1 of part E(codified at 42 U.S.C.3750-3758);see also 28 U.S.C.530C(h). 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&tel phone number) Jeffrey S.Felten-Green Diane Pilon (202)514.8874 Strategic Advisor 610 Rh Avenue P.O.Box 34986 Scottic,WA 981244986 (206)386-1996 3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS B]A FY 17 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation ON REVERSE) 4.TITLE OF PROJECT FY 2017 Edward Byrne Memorial Justice Assistance(JAG)Grant Formula Program 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE City of Seattle 700 51h Avenue,Suite 5800 Seattle,WA 9812447Ug 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM: 10/01/2016 TO: 09/30/2020 FROM: 10/01/2016 TO: 09/302020 9.AMOUNT OF AWARD 10.DATE OF AWARD $657,975 10/102018 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and units of local government,including tribes,to support a broad range or criminaljuslice related activities based on their own state and local needs and conditions.Grant funds can be used for state and local ini(iativcs,technical assistance, training,personnel,equipment,supplies,contractual support,and information systems for criminal justice,including for any one or more of the following purpose areas:1)law enforcement programs;2)prosecution and court programs;3)prevention and education programs;4)corrections and community corrections programs; 5)drug treatment and enforcement programs:6)planning,evaluation,and technology improvement programs;7)crime victim and witness programs(other than compensation);and 8)mental health programs and related low enforcement and corrections programs,including behavioral programs and crisis intervention teams. This Local JAG sward will be shared by the County and one or more jurisdictions identified as disparate within the current Fiscal Year eligibility list (www.bja.gov/Jag).JAG funding will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above.Any OJP FORM 4000/2(REV 4.88) ✓;L— initial equipment purchases or funded initiatives such as overtime,task forces,drug programs,information sharing,etc.will be aimed ht reducing crime and/or enhancing publiclofficer safety. NCA/NCF I Ainitial FY 2017 JAG City of Seattle Joint Application—Budget Worksheet& Narrative A. Personnel CITY OF SEATTLE: Name/Position Computation Cost Crime Prevention Coordinator Salary weekly salary #of weeks #of positions (3 positions) $1,731 38 3 $197,334 TOTAL: $197,334 B. Fringe Benefits CITY OF SEATTLE: Name/Position Computation Cost Crime Prevention Coordinator Salary weekly benefits #of weeks #of positions (3 positions) $480.90 38 3 $54,823 TOTAL: $54,823 Seattle SubTotal: ! 252.157 G. Consultants/Contracts CITY OF AUBURN: #of Purpose OT Rate Hours Teen Late Night Program Officer OT $86.18 47 $4,050 Citizen's Police Academy Program Officer OT $86.18 29 $2,499 Fireworks Emphasis Program Officer OT $86.18 278 $23,958 Misc. Supplies for Teen Late Night vendor estimate $60 Auburn SubTotal: $30,568 CITY OF BELLEVUE: Purpose Location Item Computation Officer Safety Training Airfare 8 x$500 each $4,000.00 Officer Safety Training Lodging 8 x$400 each $3,200.00 Officer Safety Training Per Diem 8 x$250 each $2,000.00 Officer Safety Training Conf.fee 8 x$500 each $4,000.00 Officer Safety Training Misc.Travel 8 x 114.75 each $918.00 Bellevue SubTotal: $14,118 CITY OF BURIEN: Purpose Location Computation Cost WSSO SRO Annual Conf.Registration WA State 1 SRO x$350 $350 WSSO Conference Travel WA State 500 miles x.56/mile $280 WSSO Conference Hotel/Per Diem WA State 4 days x$175/day $700 Bicycle Repair School Registration l Officer x$250 $250 Overtime for Training 40 hours x$90/hour $3,600 Security Cameras and Installation for City Hall/Library 4 cameras x$2,500/each $10,000 Less Lethal Shotguns 7 @$600 each $4,200 Page 1 of 9 FY 2017 JAG City of Seattle Joint Application—Budget Worksheet& Narrative Bicycle Racks 3 @$250 each $750 Misc.Police Equipment $948 Burien SubTotal: $21,078 CITY OF DES MOINES: Item Computation Cost One(1) Sergeant Instructor Overtime 24 hours x$82 $1,968 One(1)Sergeant Backfill Overtime 24 hours x$82 $1,968 Two(2)Officer Instructor Overtime 96 hours x$70 $6,720 Reality Based Officer Safety Equipment vendor estimate $466 Des Moines SubTotal: $11,122 CITY OF FEDERAL WAY: Item Computation Cost (average hourly Temporary IT Support rate) $18 x 1907 Hours $34,331 Federal Way SubTotal: $34,331 CITY OF KENT: Item Computation Cost Officer OT-Racer Emphasis/Hot Spot Policing-2018 $65 x 72 hours $4,680 Officer OT-Racer Emphasis/Hot Spot Policing-2019 $67 x 72 hours $4,824 Social Security(OT) $9636 x.0765 $736 Retirement(OT) $9636 x.065 $626 Microsoft Surface Pro Tablets for use by FTOs $1,000 x 4 tablets $4,000 Civil Disturbance Team Upper Body Protective Equipment vendor estimate $5,132 Enhancements to FATS Use of Force Training Simulator vendor estimate $12,000 Graffiti Removal Kits $100 x 20 Kits $2,000 Kent SubTotal: $33,998 KING COUNTY: Item Computation Cost Patty Noble-Desy- Salary 75%of grant $150,848 Recidivism Reduction/Reentry Coordinator (Senior Project Manager) Patty Noble-Desy-Benefits 25%of grant $50,283 Recidivism Reduction/Reentry Coordinator (Senior Project Manager) King County SubTotal: $201,131 CITY OF RENTON: Purpose Computation Cost End Violence Against Women Conf Registration Dallas TX 6 ofc x$250 $1,500 End Violence Against Women Annual Conf Travel Dallas TX 6 @ 391 $2,346 Page 2 of 9 FY 2017 JAG City of Seattle Joint Application—Budget Worksheet& Narrative End Violence Against Women Conf Hotel/PerDiem WA State 5 days x$175/day $5,250 Technology Training Registration 1 @ 3500 $3,500 Purchase of airfare and taxi voucher WA State 40 @$25 $1,000 Gift Cards(emergency groceries,supplies,and clothing) 80 @ 25 $2,000 Hotel Vouchers for Victims 10 @ 100 $1,000 Human Trafficking investigations(hotel rooms,Web access) 2 @ 500 $1,000 Human Trafficking Victim Support-Transportation to and from Court 40 trips x$12.50 each $500 Technology equipment—improvements and purchase new hardware 2@ 2224 $4,448 Technology improvements(Software—New forensics program) 1@ 4000 $3,192 Miscellaneous Supplies $404 Renton SubTotal: $26,140 CITY OF SEATAC: Item Computation Cost $100 per hour x 140 Police Officer Overtime hours $14,000 Ballistic Blankets 2 @$1,500 each $3,000 Training Development/Implementation Supplies 415 $415 SeaTac SubTotal: $17,415 CITY OF TUKWILA: Items Computation Cost Leadership Training 3 @$1,667(Location TBD) $5,001 Treadmill 1 @ $5,916 $5,916 Monitor and mount 1 @ $1,000 $1,000 Clothing ensemble for Firearms Instructors 2 @ $2,000 $4,000 Tukwila SubTotal: $15,917 GIZ.XNI) TOTAL S657,975 BUDGET SUMMARY Overall Summary Total Budget Category Budget A. Personnel $197,334 B. Fringe Benefits $54,823 C. Travel $0 D. Equipment $0 E. Supplies $0 Page 3 of 9 FY 2017 JAG City of Seattle Joint Application—Budget Worksheet& Narrative F. Construction $0 G. Contractual $405,818 H. Other $0 Total Direct Costs: $657,975 TOTAL PROJECT COSTS: $657,975 TOTAL JOINT ALLOCATION: $657,975 Page 4 of 9 FY 2017 JAG City of Seattle Joint Application–Budget Worksheet & Narrative Budget Narrative A. Personnel($197,334) A request of$197,334 is included for City of Seattle for salary costs associated with preservation of 3 Crime Prevention Coordinator Positions in the Seattle Police Department. This amount will pay for 38 weeks in 2018. B. Fringe Benefits ($54,823) A request of$54,823 is included for City of Seattle for fringe benefit costs associated with preservation of 3 Crime Prevention Coordinator Positions in the Seattle Police Department. Fringe benefits are City of Seattle standard fringe benefits for civilian personnel, and include FICA, Health Care Medicare, Life Insurance, Retirement,Workers Comp, EAP, Disability Insurance, and Death Benefits, and are calculated at a rate of approximately 28% of base salary. G. Consultants/Contracts ($405,818) As the fiscal agent, City of Seattle will enter into Interagency Agreements with all of the sub-agencies listed below. Sub-Agencies will be required to spend their funds, and then request reimbursement from City of Seattle. Therefore, we are listing all of the costs associated with their programs under Consultants/Contracts: City of Auburn ($30,568) A request of$30,568 will cover Auburn Police Officer overtime costs associated with three programs requested by City of Auburn: Teen Late Night, Citizen's Police Academy, and Fireworks Emphasis Patrols. At an average overtime rate of$86.18 per hour, approximately 354 hours of overtime will be worked. Additionally, $60 is requested for miscellaneous office supplies for Teen Late Night. City of Bellevue ($14,118) All of the proposed Bellevue allocation of$14,118 shall be allocated to Travel/Training for the Investigations Unit, to include Special Operations Group and Crime Analysis as well. Costs will be expended in the traditional categories—Airfare, lodging, conference fees, per diem, and miscellaneous travel (baggage, transportation to/from airport, etc.). All trips shall be used toward conferences/courses that emphasis Officer Safety/Wellness. City of Burien ($21,078) Page 5 of 9 FY 2017 JAG City of Seattle Joint Application—Budget Worksheet& Narrative Trainin/Travel ($1.580): Besides basic academy and ongoing required training, the City of Burien has no budget dedicated towards the enhanced training of its officers. Having the ability to send officers to enhanced training will make our officers more effective towards reducing crime and improving officer safety. Travel costs are included if the annual class is not located nearby. Training classes proposed include school resource officer training, and a bicycle repair class so repairs to the 2 new police bikes can be done in-house, rather than sent to a bicycle shop. Overtime for training_($3,600): In addition, our total number of officers generally only allows us to meet minimum staffing requirements. Overtime backfill is required most of the time when we send officers to training, and funds from this grant would be used to fulfill our staffing requirements when sending officers to important training. 5eeLtiit�, caiiieras ,incl iri-,tallation ($10.000): Increased social disorder crimes are occurring in the downtown Town Square area near the City Hall/Library. Security cameras and installation are proposed as a way to help manage these crimes. Less lethal shotguns ($4,200): Less lethal shotguns are proposed as a potential way to handle escalated incidents from longer distance than Taser guns allow. Bicycle Racks/Misc. Police Equimnent ($1.699)_: Two new police bikes were purchased with an earlier JAG grant, so bicycle racks and other miscellaneous bicycle/police equipment is proposed. City of Des Moines ($11,122) Funds from the JAG Grant will allow the Des Moines Police Department to pay instructor overtime to provide reality-based training utilizing simulations as a means to optimize future performance and enhance officer safety. In addition, the grant funds will allow the department to pay overtime to backfill a sergeant position thus allowing the sergeant instructor to conduct the training during his scheduled work day. There will be at least 4-12 hour long days of instruction requiring three (3) instructors for each day. The participant officers attending this training will be on their normal duty time. Reality-Based/ Officer Safety Training Program One(1) Sergeant Instructor Overtime: 24 hours x $82.00 = $1,968 One(1) Sergeant Backfill Overtime: 24 hours x $82.00 = $1,968 Two (2) Officer Instructor Overtime: 96 hours x $70.00 = $6,720 Total Overtime Cost $10,656 Funds from the JAG Grants will allow the Des Moines Police Department the ability to purchase necessary safety equipment to assure the participant officers and scenario actors are safe. This safety equipment includes headgear, gloves, eyewear or other protective equipment. Reality-Based/Officer Safety Equipment = $466 Page 6 of 9 FY 2017 JAG City of Seattle Joint Application—Budget Worksheet& Narrative City of Federal Way($34,331) Funds are requested to provide temporary support personnel in the Information Technology Department to support GIS improvement for address verification and enhanced GIS mapping. The salary is a based upon an average overtime rate of$18 per hour and 1,907 hours worked. City of Kent ($33,998) 2017 JAG funds will include a total of$9,504 in overtime wages. On the budget worksheet, each year is divided out—2018 we estimate 72 hours of overtime at an average overtime rate of$65 per hour. We increase the overtime rate for 2019 rates to include collective bargaining contracts wage increases. In 2018 we estimate 72 hours of overtime at a rate of$67 per hour. We included fringe benefits for the overtime. Fringe benefits include Social Security calculated at .0765 and Retirement calculated at .065. We estimate the Microsoft Surface Pro Laptops/Tablets to cost $1,000 each based upon the quote given to us from our Information Technology Department. We are requested four of these for a total of$4,000. We will use $5,132 to purchase upper body protective equipment for members of our Civil Disturbance team. These items will include elbow pads, thinner less combative looking vests. We will work with our department uniform distributor to get the best pricing possible at the time these JAG funds become available. We will use $12,000 to purchase technology which will enhance our Fire Arms Training Simulator. We will work with the vendor to get the best pricing possible at the time these JAG funds become available. We budgeted $2,000 to equip 20 additional graffiti removal kits with a cost of$100 per kit. These kits include spray paint, roller pads, rollers, and graffiti wipes and are used by volunteers and community groups for graffiti clean-up. King County ($201,131) Patty Noble-Desy: Recidivism Reduction/Reentry Coordinator(Senior Project Manager) 75% of grant: $150,848 (Salary Costs) Patty Noble-Desy: Recidivism Reduction/Reentry Coordinator(Senior Project Manager) 25% of grant: $50,283 (Benefit Costs) Page 7 of 9 FY 2017 JAG City of Seattle Joint Application—Budget Worksheet & Narrative City of Renton ($26,140) Training is an ongoing challenge for all small police agencies. Finding the best and most relevant training can be a struggle. This agency has a history of insuring members of the organization receive the best possible training. However, since training can be costly, officer who attend outside training are required to bring this information back to their respective workgroups. Additionally, any new tactics or technics for investigating a crime are put into department wide training and regularly implemented department wide. This is the best way to maximize the use of this training money, effectively more than tripling its effectiveness. Funds will also be utilized to send Renton Police personnel to Technology related Training. Funds allocated for Training: $12,596 Equipment funds will primarily be used for technological advances for the department. The added advantage here is that the Renton Police Department is utilizing its new expertise to our smaller law enforcement partners. This prevents them from having to ask larger, already overworked, agencies for their help. Additionally, we purchase updated investigative equipment that are often used to assist our partners in regional investigations such as our Valley Investigative Team, a regional use of force investigations group. Funds allocated for Equipment: $7,640 Our projects require a certain amount of regular and ongoing supplies to keep them working. Such supplies include training and educational materials,printing materials, public display materials and repair or replacement materials for prints, copiers and fax systems. Funds in the supply category are additionally requested to support services for victims and for investigative supplies. Funds allocated for Supplies: $5,904 City of SeaTac ($17,415) A request of$14,000 is included for officer overtime. At an average overtime rate of approximately$100 per hour, 140 hours of overtime will be worked. SeaTac Police will use the $14,000 for 140 hours of overtime to develop/implement training and education programs related to In-Progress Violence Response Training and Education for first responders and community members; Law Enforcement Programs; Multiple-Assault Counter Terrorism Action Capability(MACTAC) Training; Civilian Response to Active Shooter Events (CRASE). This will include overtime for course/program development and implementation and backfill overtime while officers are in training. A request of$3,000 is included for the purchase of Ballistic Blankets. At $1,500 each, two blankets will be purchased. A request of$415 is included for training development and implementation supplies. Supplies will be purchased to assist with development, implementation and maintenance of the training/education efforts. Page 8 of 9 FY 2017 JAG City of Seattle Joint Application—Budget Worksheet& Narrative City of Tukwila ($15,917) Training and Professional Development: $5001 The Tukwila Police Department will use these funds to send department members to professional leadership development courses, such as the Leadership in Police Organizations course offered by the IACP. The Tukwila Police Department's strategic plan includes providing leadership training department wide, and the LPO course is one of nationally sought training courses due to the content and value of what is provided in the cost of the training. The cost for each attendee is $1667 per attendee, for a three-week training course that is conducted one week at a time over three month time period. Gym Equipment: $5916 The Tukwila Police Department will use these funds to purchase a treadmill for the city owned gym facility. Our agency has identified an officer as a leader regarding employee health and physical fitness; this officer has conducted research to determine the most cost and quality effective treadmill that can be purchased with these funds. Firearms Training Cadre Equipment: $1,000 The Tukwila Police Department will use these funds to purchase a monitor and mount for the trailer that is used by the Firearms Cadre. A Firearms Cadre Instructor has conducted research to determine the size of monitor needed to maximize training efficiency, to include the corresponding sized mount. The cost for these two items is $1,000. Additionally, as our agency has grown, so has the size of our Firearms Instructor Cadre. Currently, there are two instructors who need to be fully outfitted with an instructor's uniform and corresponding gear. The cost for these two instructors to be fully outfitted is $2,000 per instructor, for a total of$4,000 to outfit both instructors. The uniform for each instructor will include: two pairs of range pants ($250), two polo shirts ($150), two pairs of shorts ($150), cold weather gear($350), rain gear($350), equipment/armorer bags ($150), storage containers ($200), range vest carriers ($400) Page 9 of 9 RETURN TO: EXT: CITY OF FEDERAL WAY LAS_ DEPARTMENT ROUTING FOR: I 1. ORIGINATING DEPT./DIV: POLICE DEPARTMENT 2. ORIGINATING STAFF PERSON: DIANE SHINES OR LYNETTE ALLEN EXT: 6701 3. DATE REQ.BY. ASAP 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G BOND RELATEDDOCUrlENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): x INTERLOCAL ❑ OTHER 5. PROJECT NAME: FY 2017 EDWARD BYRNE MEMORIAL JUSTICE JUSTICE ASSISTANCE JAG GRANT 6. NAME OF CONTRACTOR: CITY OF SEATTLE ADDRESS: 700 5T"AVENUE,SUITE 5800,SEATTLE,WA 98124-4708 TELEPHONE E-MAIL: FAX: SIGNATURE NAME: FAYE LANDSKOV, TITLE SEATTLE JAG PROGRAM MGR. 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 10/01/2016 COMPLETION DATE: 09/30/2020 9. TOTAL $34,331 PAID TO THE CM (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY ❑ PURCHASING: PLEASE CHARGE TO:Various account numbers to be determined of purchase of product 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISI{MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED ❑ LAW DEPARTMENT ❑ SIGNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK _ ❑ ASSIGNED AG# A _ (ge)-� ❑ SIGNED COPY RETURNED DATE SENT: ane t4 COMMENTS: Memorandum of Understanding FY 2017 Edward Byrne Memorial Justice Assistance Grant This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2017 Edward Byrne Memorial Justice Assistance Grant-2017-DJ-BX-0496 I. Participating Jurisdictions The participating jurisdictions, relevant to this MOU, in the Edward Byrne Memorial Justice Assistance Grant are: • City of Auburn • City of Bellevue- declines and is allocated in its entirety to Seattle for thisrR anC. • City of Burien • Des Moines ® City of Federal Way • City of Kent • King County • City of Renton • City of SeaTac • City of Seattle • City of Tukwila II. Background and Purpose Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. III. Disparate Certification Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used, and indicating who will serve as the applicant/fiscal agent for the joint funds. The above jurisdictions are certified as disparate. IV. Fiscal Agent and Fund Allocation The City of Seattle will act as the applicant and will serve as the fiscal agent for the joint funds. The City of Seattle will charge a 3% administrative fee for these services. Pagel of 3 The allocation of funding is as follows: Auburn $30,568 Bellevue $0 Burien $21,078 Des Moines $11,122 Federal Way $34,331 Kent $33,998 King County $201,131 Renton $26,140 SeaTac $17,415 Seattle $266,275 Tukwila $15,917 Total Allocation $657,975. V. Project Allocations and Reporting Participating jurisdictions are responsible for identifying their own projects for funding, and for providing project information to the identified fiscal agent, the City of Seattle, for purposes of submitting one joint application on behalf of all participating jurisdictions. Upon receipt of award documents, and prior to expense of funds pertaining to the JAG Program, the fiscal agent will enter into Interagency Agreements with all participating jurisdictions. Page 2 of 3 Memorandum of Understanding FY 2017 Edward Byrne Memorial Justice Assistance Grant Signature Page Jurisdiction: +c, t—j Signature: Name &Title: j Page 3 of 3 FEDERAL WAY POLICE DEPARTMENT a 333258 TH Avenue South Federal Way,WA 98003 CITY of 253 835-6700 www.clfvoffetl'eralwa v.corp Federal Way Jim Ferrell, Mayor Andy J. Hwang, Chief of Police Mr. Jeffrey Felton-Green State Policy Advisor US Department of Justice, Office of Justice Programs 810 7th Street NW Washington, DC 20531 December 6, 2019 Dear Mr. Felton-Green: The City of Federal Way, a disparate agency awarded FY17 JAG funds, understand that City of Bellevue, another disparate agency in our group, has declined to receive funding for FYI 7, FYI and FYI 9. The City of Federal Way officially allocates the funds which would be distributed to us, from City of Bellevue, to City of Seattle for the FYI JAG cycle. The City of Federal Way, understanding that City of Bellevue declines funding in FYI and FYI JAG, accepts additional allocations by percentage from the declined funds. Sincerely, Jim Ferrell, Mayor _..............__...........__. COUNCIL MEETING DATE: February 18,2020 ITEM#: ® _ �............_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NEW ALLOCATION MOU'S FOR FY17,FY18,AND FY19 JAG AWARD POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department accept the new JAG Grant Allocation MOD's for FY17, FY18 and FY19? COMMITTEE: PRHS&PSC MEETING DATE: Februaryl1, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Diane Shines, Civilian Operations Manager DEPT: Police Department Attachments: 1. Staff Report 2. FY2017 MOU 3.FY2018 MOU 4. FY2019 MOU 5.Reallocate Bellevue to Seattle (FY17 only) Options Considered: 1. Approve the proposed JAG FY17, FY18, and FY19 MOD's. 2. Do not approve proposed JAG FY17, FY18 and FYI9MOU's MAYOR'S RECOMMENDATION: Option 1. �Initial/Date MAYORAPPROVAL: / � DIRECTOR APPROVAL: d--�-+� / �2-0 Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed JAG Grant FY17, FY18 and FY19 New Allocation MOD's to the February 18, 2020 consent agenda for approval. Comm ttee Chair C tt: Mabel Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed JAG Grant FY17, FY18 and FY19 New Allocation MOU's and authorize the Mayor to sign. " .,. COMP, B Y C I TY C LER 'S OFFICE) COUNCIL ACTIO [qD,() AI'YROVE �II, ""'" COUNCIL BILL# DEN- IED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED- 4/2019 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: February 11, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: FYI 7/18/19 JAG Allocation MOU's The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. The City of Seattle is identified as the Fiscal Agent, submitting the joint application to the Bureau of Justice Assistance to request JAG program funds; and pursuant to the terms of the grant, the City of Seattle is to distribute grant funds to the County and one or more jurisdictions. The City of Bellevue has declined JAG funding for fiscal years FY17, FYI 8, and FY19. The City of Federal Way, Federal Way Police Department has executed FYI MOU with budget, scope of work and agreements, and does not wish to further delay funding. For FYI only, Seattle will maintain the entire award ($14,555). Doing so would mean that Seattle absorb the funds and incur the delays associated with the additional approvals for a budget/narrative from DOJ. The City of Federal Way, Federal Way Police Department original funding will be maintained. For FYI and FYI 9, a percentage of JAG fiends will be reallocated to each partner agency. In order to accept and process awards, the DOJ requires new MOU's, and a signed letter to reallocate Bellevue funds to Seattle for FYI JAG cycle only. Rev.7/18