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AG 20-037 - CITY OF SEATTLERETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Police Department 2. ORIGINATING STAFF PERSON: Diane Shines EXT: 6854 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 RELATED DOCUMENTS) ❑ ORDINANCE © RESOLUTION iCQNTRACTAMENDMENT (AG#):kfj251 A INTERLOCAL ❑ OTHER 5. PROJECT NAME: FY2018 EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE (JAG) GRANT- MOU Amendment 6. NAME OF CONTRACTOR: City of Seattle, (Kathryn Finau, Grant Manager) ADDRESS: 610 5th Avenue I PO Box 34986 Seattle, WA 98124-4986 TELEPHONE 206 233-3722 E-MAIL: Kathryn.Finau3@seattle.gov FAX: SIGNATURE NAME: Mark R, BairdTITLE Chief Operating Officer 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: August 19, 2020 COMPLETION DATE: September 30, 2022 9. TOTAL COMPENSATION $ Grant to the City $41.894 (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 10YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: 11 RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER )� DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) A LAW JE 1/28/22 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: -% COUNCIL APPROVAL DATE: 3 I✓ �� 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT YSIGNATORY (MAYOR OR DIRECTOR) �f CITY CLERK N j ASSIGNED AG# AG# 0-D: COMMENTS: 2/2017 The City of Seattle Seattle Police Department 0 G0 AMENDMENT NO. 1 TO Memorandum of Understanding- Contract Contract #20-00461 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; The original Agreement is amended as follows. All other terms and conditions of the original Agreement, as amended, remain in effect. TERM OF AMENDMENT The term of the agreement shall be amended from a performance end date of 9/30/21 to 9/30/22. FUNDING SOURCE FEDERAL AWARD INFORMATION Edward Byrne Memorial GRANT AWARD TITLE Justice Assistance Grant (JAG) Program FY 2018 Local Solicitation --- — -h--a tijtr.„ii r(c[;I I r. i r, In I.'i1 •.5 FEDERAL AWARD ID # DUNS NUMBER CDFA NUMBER 2018-DJ-BX-0200 ! 790597814 _ # 16.738 SUBAWARD PERIOD OF SUBAWARD PERIOD OF FEDERAL AWARD DATE I PERFORMANCE START PERFORMANCE END DATE _ DATE_ 07/19/2019 FUNDS OBLIGATED FOR THIS AGREEMENT 10/01/2017 TOTAL GRANT AWARD $6811367 09/30/2022 amended FEDERAL AWARD AGENCY DO], BJA NOW THEREFORE, the parties hereto have executed this Amendment to the Edward Byrne Memorial Justice Assistance Grant by having their representatives affix their signatures below, Amendment Kslory for reference ni.,rrose s only: History Brief Description of Change Original ` $41.894 Amendment 1 Extend period of performance to 9/30l22 _— Total $41,894 Page 11 The parties have executed this Amendment by having their representatives sign below. Clty o 5 eras V1� Jim q rell May(oorr Date `7 d? SEATTLE POLICE DEPARTMENT Brian Maxey Chief Operating Officer Date Page 12 Memorandum of Understanding -Contract Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2018 Local Solicitation Executed by City of Seattle Department Authorized Representative: Faye Landskov 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 and City of Federal Way, hereinafter referred to as "Subrecipient" JAG Grant Manager: Diane Shines 33325 8 Ave S Federal Way, WA 98003 pg. 1 City of Federal Way 1.5 #20-00461 IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. City of Federal Way T — ...........� JIT,:' vt rr 1I, Mayor Date, f 9 a City of Seattle Mark R.13,ird, Chief Operating Officer Seattle Police Department Date: `l li 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 $681,367 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, had DOJ submit the joint application to the Bureau of justice Assistance on Aug 22, 2018 to request JAG Program funds; and WHEREAS, based on the City's successful application, the Bureau of Justice Assistance has awarded $681,367 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 fiends are spent; NOW THEREFORE, the parties hereto agree as follows; This Interagency Agreement contains seven Articles: ARTICLE I: TERM OF AGREEMENT: The term of this Interagency Agreement shall be in effect from the date it is executed, until September 30, 2021 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 41-47 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 41-47 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 2018 Justice Assistance Grant Program Award # 2018-DJ-BX-0200. 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 pg. 3 City of Federal Way 1.5 #20-00461 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 Grant (JAG) Program: FY 2018 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-$750,000 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 $750,000 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 pg. 4 City of Federal Way 1.5 #20-00461 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. 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 Stil 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 pg. 5 City of Federal Way 1.5 420-00461 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. 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 $41,894. 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. i lririncrr L� L 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) is 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. Submit invoicing to Fiscal Accounts Payable Seattle Police Department 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 SPDAP@seattle.gov Submit Documentation to Faye Landskov, JAG Program Manager Seattle Police Department 610 Sth Avenue PO Box 34986 Seattle, WA 98124-4986 206-733-9163 Article Vl. COOPERATION IN MPNI !` INGykCA' &LtfX1'[C . 1. SPD Resncrosihilities 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 41-47 in the Grant Award and Special Conditions documents. 2. Subrecipieni ResponsibilitLs. 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 pg. 7 City of Federal Way 1.5 #20-00461 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. Pg. 8 City of Federal Way 1.5 #20-00461 COUNCIL MEETING DATE: March 15, 2022 ITEM #: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENT TO THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR FY 2018 POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department accept the Amended MOU, extending the term of performance for Edward Byrne Memorial Justice Assistance (JAG) Grant FY2018? Acceptance of grant requires no matching funds. COMMITTEE: PARKS, RECREATION, HUMAN SERVICES AND PUBLIC MEETING DATE: MAR 8, 2022 SAFETY COUNCIL COMMITTEE — (PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DIANE C. SHINES, CIVILIAN OPERATIONS MANAGER DEPT: POLICE Attachments: 1. PRHS & PSC Staff Report 2. 2018 JAG MOU Amendment No. 1 — Performance Extension Options Considered: 1. Approve the FY 2018 JAG Grant Amendment 2. Reject the FY 2018 JAG Grant Amendment and provide direction to staff MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Q ocot ldw Initial/Date APPROVAL: COMMITTEE RECOMMENDATION: "I move to forward the Amended FY2018 JAG Grant to the March 15, 2022, consent agenda for approval. " 0 C 111�Iliit:. :Ilai] C i>r11mllie� Member Committee \11-- lI ci PROPOSED COUNCIL MOTION: "I move approval of the proposed Amendment, and authorize the Mayor to execute said agreement. " BELOW TO BE C 01 if'i f. I T-D BY CITY CLERK'S OFFICE �UNCIL ACTION n APPROVED �l «l� U2 COUNCIL BILL # DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION # i CITY OF FEDERAL WAY MEMORANDUM DATE: March 8, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: FY 2018 Edward Byrne Memorial Justice Assistance (JAG) Grant Program - Contract Amendment for Performance Extension Financial Tanmicts: The financial impacts of this 2018 F-dward Byrne Memorial Justice Assistance Grant (JAG) award is positive for the City. Project Award in 2020: $41,894 for the purchase of Safe City server and network infrastructure and Mobile Data Computer (MDC) spares. Grant Acceptance does not require matching funds. Approving the MOU Amendment to extend the performance period will ensure the City may benefit from the grant award. Background Information: The Police Department applied for the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) and received funding in the amount of $41,894 or "Safe City Server and Network Infrastructure." The JAG Program is the primaiy provider of federal criminal justice funding to state and local jurisdictions and supports all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. Historically, the City's IT staff is tasked with many projects and priorities and capacity for additional projects is limited. One major project that needed to be completed prior to the server purchase was the upgrade of a significant amount (about 70) of the City's Safe City cameras. This project was further delayed due to the loss of the project's leader. In addition, the COVID-19 pandemic prevented the City's IT staff from making forward progress on the purchase of this equipment until recently. The City has requested quotes and received Council approval to proceed with the purchase. However, the worldwide supply chain issues compounded with the limited supply of computer chips further extended the lead time of this equipment by at least three to four times from normal amounts. The City was unable to acquire the components by the end of the original performance period of the grant, September 30, 2021. Due to these issues in spending the 2018 JAG award, the City respectfully requested and was granted a one-year grant performance extension to September 30, 2022. This extension is incorporated into this MOU Amendment. Acceptance of the amended MOU for the FY 2018 Edward Byrne Memorial Justice Assistance Grant will ensure that services or projects under this Agreement will conducted for the stated purpose of the Byrne Memorial Justice Assistance Grant (JAG) Program (42.U.S.C.3751(a.)) and the City will not lose the opportunity to use the grant funds to obtain this needed equipment. RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Police Department 2. ORIGINATING STAFF PERSON: Diane Shines EXT: 6854 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 RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#)b - d37 A INTERLOCAL ❑ OTHER S. PROJECT NAME: FY2018 EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE (JAG) GRANT 6. NAME OF CONTRACTOR: City of Seattle, (Faye Landskov, JAG Program Manager) ADDRESS: 610 sth Avenue, Seattle, WA 98124-4986 TELEPHONE 206-733-9163 E-MAIL: Faye.Landskov@seattle.gov FAX: SIGNATURE NAME: Mark R. BBifd TITLE Chief operating Officer 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: Date Signed COMPLETION DATE: September 30, 2021 9. TOTAL COMPENSATION $ Grant to the City $41,894 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES ❑NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ?t F.a ❑ RISK MANAGEMENT (IF APPLICABLE) A LAW DK 7/20/20 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 ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK Pe 14 it 1 no O ❑ ASSIGNED AG# A _ '! Q - a3 COMMENTS: 2/2017 Memorandum of Understanding -Contract Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2018 Local Solicitation Executed by City of Seattle Department Authorized Representative: Faye Landskov 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 and City of Federal Way, hereinafter referred to as "Subrecipient" JAG Grant Manager: Diane Shines 33325 8 Ave S Federal Way, WA 98003 pg. 1 City of Federal Way 1.5 420-00461 IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below, City of Federal Way I � r !/ lJ •f i y G ....1....� ✓ ivli lyor Date: City of Seattle Mark R. Baird, Chief Operating Officer Seattle Police Department Date: 2Z19Z26 Authorized by: Edward Byrne Memoria[JusticeAssistance 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 $681,367 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, had DOJ submit the joint application to the Bureau of Justice Assistance on Aug 22, 2018 to request JAG Program funds; and WHEREAS, based on the City's successful application, the Bureau of Justice Assistance has awarded $681,367 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: ARTICLE I: TERM OF AGREEMENT: The term of this Interagency Agreement shall be in effect from the date it is executed, until September 30, 2021 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 41-47 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 41-47 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 2018 Justice Assistance Grant Program Award # 2018-DJ-BX-0200. 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 pg. 3 City, of federal Way 1.5 #20-00461 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 Grant (JAG) Program: FY 2018 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 (DOI) 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. Non -Federal entities that expend-$750,000 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 $750,000 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 (GARS), 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 pg. 4 City of Federal Way 1.5 1/20-00461 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. 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 5�h 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 pg 5 City of Federal Way 1 5 420-00461 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. 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. Comoensation The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this Agreement cannot exceed $41,894. 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, 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. Submit invoicing to Fiscal Accounts Payable Seattle Police Department 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 SPDAP@seattle.gov Submit Documentation to Faye Landskov, ]AG Program Manager Seattle Police Department 610 Sth Avenue PO Box 34986 Seattle, WA 98124-4986 206-733-9163 Ai-ticle Vl. COOPIR4'ION M4 N1 rQR1Nii A�cNT) CXA1,Elr' TI(;)N. 1. SPD Resnonsibilitios 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 41-47 in the Grant Award and Special Conditions documents. 2. 4tibi-c:i_ment 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 pg. 7 City of Federal Way 1.5 #20-00461 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. Pg. 8 City of Federal Way 1.5 #20-00461 Memorandum of Understanding FY 2018 Edward Byrne Memorial Justice Assistance Grant Rev 3/2020 This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2018 Edward Byrne Memorial Justice Assistance Grant - 2018-DJ-BX-0200. 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 - declined • City of Burien- declined • Des Moines • City of Federal Way • City of Kent ® King County • City of Renton • City of SeaTac w 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. Ill. 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 to all sub -recipients for these services. Page 1 of 3 Allocation of the declined Bellevue funds has been made along the percentages that DOJ allocated each agency their JAG funds. The allocation of funding is as follows: Initial Allocations FY18JAG DOJ % with declined % Sub -Total Subtract Admin Fee Final Totals KING COUNTY 39,669 5.822% 6.206% $ 42,284 $ 1,269 $ 217,104 AUBURN CITY 32,296 4.740% 5.036% $ 34,312 $ 1,029 $ 33,283 BELLEVUE CITY BURIEN CITY 14,812 23,842 2.174% 3.499% $ - $ - $ - $ - $ - $ - DES MOINES CITY FEDERAL WAY CITY 11,972 40,413 1.75790 5.931% 1.859% 6.339% $ 12,663 $ 43,190 $ 380 $ 1,296 $ 12,284 $ 41,894 KENT CITY 36,388 5.340% 5.677°0 $ 38,683 $ 1,160 $ 37,523 RENTON CITY 29,422 4.318% 4.563% $ 31,091 $ 933 $ 30,158 SEATAC CITY 16,977 2.492% 2.713% $ 18,483 $ 555 $ 17,929 SEATTLE CITY 419,208 61.525% 65.015% $ 442,990 $ - Y$ 274,363 TUKWILA CITY 16,368 2.402% 2.546%1 17,350 $ 520 $ 16,829 Total: $ 681,367 100% 1 $ 681,046 .$ 7,463 $ 681,367 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 Memorandums of Understanding - Contracts with all participating jurisdictions. VI. 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. Memorandum of Understanding FY 2018 Edward Byrne Memorial Justice Assistance Grant Signature Page Jurisdiction: Signature: Name & Title: —7M,,.r. VI'& l % , Date:f/`,�' �S Z-'— ' 're signed by Mayor, City Administrator or Executive Page 3 cf 3 Agency: Federal Way Police Department Contact Name: Diane Shines Diane.Shines@cityoffederalway.com Contact Phone: 253 835-6854 FY 2018 JAG Purpose Areas Permissible uses of JAG Funds — In general In general, JAG funds awarded to a unit of local government under this FY 2018 solicitation may be used to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice, including for any one or more of the following: • Law enforcement programs ■ Prosecution and court programs • Prevention and education programs • Corrections and community corrections programs • Drug treatment and enforcement programs • Planning, evaluation, and technology improvement programs • Crime victim and witness programs (other than compensation) • Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams Under the JAG Program, units of local government may use award funds for broadband deployment and adoption activities as they relate to criminal justice activities. BJA areas of emphasis (Please see full descriptions in 2018 Local Solicitation): BJA recognizes that there are significant pressures on local criminal justice systems. In these challenging times, shared priorities and leveraged resources can make a significant impact. As a component of OJP, BJA intends to focus much of its work on the areas of emphasis described below, and encourages each unit of local government recipient of an FY 2018 JAG award to join us in addressing these challenges: • Reducing Gun Violence • National Incident -Based Reporting System (NIBRS) • Officer Safety and Wellness -BorderSecurity -Collaborative Prosecution Evidence -Based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making, program development, and program implementation in criminal justice, juvenile justice, and crime victim services. OJP is committed to: • Improving the quantity and quality of evidence OJP generates • Integrating evidence into program, practice, and policy decisions within OJP and the field • Improving the translation of evidence into practice Project Name: 1) Safe City Server and Network Infrastructure Upgrade 2) MDC Spares (Mobile Data Computer) purchase Project Cost: $41,894 1) $31,394 2) $10, 500 3.7% Admin Fee (Seattle PD) $1,296 Total Allocation: $ 43,190 Project Description: 1) The Safe City camera system is a highly effective investigative tool to combat crime within our city. JAG funds will be dedicated to upgrade and enhance hardware and network systems to improve efficiencies and storage capacity. 2) Purchase and maintain a supply of spare MDC's (mobile data computer) to exchange during routine computer maintenance. Goals, Objectives, and Deliverables - In general, the FY 2018 JAG Program is designed to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice. The JAG Local Program is designed to assist units of local government with respect to criminal justice: The Safe City camera system hosts the City interior CCTV/Security cameras as well as the 80+ cameras that operate in the public right of way around the city and major arterials. As we continue to add more cameras to the Safe City program, it becomes necessary to augment the Safe City infrastructure to maintain optimal performance and storage capacity. MDCs require routine repairs and upgrades. Generally, patrol vehicles are taken out of service for the entire day until maintenance is complete. There are only two spare MDCs for a fleet size of 87, by adding three more spares, will ensure vehicles are operational with technology and quickly redeployed onto the road. 2 Statement of the Problem - Identify the unit of local government's strategy/funding priorities for the FY 2018 JAG funds and a description of the programs to be funded over the grant period. Units of local government are strongly encouraged to prioritize the funding on evidence -based projects. The Federal Way Police Department continues to explore all opportunities to identify funds available for equipment and technology needs. The 2018 JAG grant provides a vital funding mechanism so the Federal Way Police Department can continue to utilize and support highly technical systems such as the Safe City camera program. Project Design and Implementation — Describe the unit of local government's strategic planning process, if any, that guides its priorities and funding strategy. This should include a description of how the local community is engaged in the planning process and the data and analysis utilized to support the plan; it should identify the stakeholders currently participating in the strategic planning process, the gaps in the needed resources for criminal justice purposes, and how JAG funds will be coordinated with State and related justice funds: All projects on behalf of the Federal Way Police Department will require interdepartmental coordination with the City of Federal Way IT Department to purchase, install and maintain hardware/software for intended projects. Capabilities and Competencies — Describe any additional strategic planning/coordination efforts in which the units of local government participates with other criminal justice criminal/juvenile justice agencies in the State: N/A Plan for Collecting the Data Required for this Solicitation's Performance Measures — BJA does not require applicants to submit performance measures data with their application. Performance measures are included as an alert that BJA will require successful applicants to submit specific data as part of their reporting requirements. For the application, applicants should indicate an understanding of these requirements and provide the applicant's plan for collection of performance measures that pertain to their proposed program: Record of overtime costs and officer activity reports are maintained. The Federal Way Police Department has participated in the JAG program for many years and is familiar with the performance measures and requirements needed for collection. The Civilian Operations Manager will work in partnership with the IT Supervisor to gather and report performance measures during the grant cycle. KI Applicants must identify between 1 and 5 Project Identifiers that would be associated with proposed project activities. Equipment — Technology Equipment — General BUDGET: Budget Worksheet: Please use Attached Budget Worksheet Template Budget Narrative: The Budget Narrative should thoroughly and clearly describe every category of expense listed in the proposed Budget Detail Worksheet. OJP expects proposed budgets to be complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities). This narrative should include a full description of all costs, including administrative costs (if applicable). An applicant should demonstrate in its Budget Narrative how it will maximize cost effectiveness of award expenditures. Budget narratives should generally describe cost effectiveness in relation to potential alternatives and the goals of the project. For example, a budget narrative should detail why planned in -person meetings are necessary, or how technology and collaboration with outside organizations could be used to reduce costs, without compromising quality. The Budget Narrative should be mathematically sound and correspond clearly with the information and figures provided in the Budget Detail Worksheet. The narrative should explain how the applicant estimated and calculated all costs, and how those costs are necessary to the completion of the proposed project. The narrative may include tables for clarification purposes, but need not be in a spreadsheet format. As with the Budget Detail Worksheet, the Budget Narrative should describe costs by year. Please indicate the project's compliance with federal grant criteria and briefly explain any affirmative responses. An No JAG funds may be expended outside of the JAG purpose areas. Even within these purpose areas, however, JAG funds cannot be used directly or indirectly for security enhancements or equipment to nongovernmental entities not engaged in criminal justice or public safety. Nor may JAG funds be used directly or indirectly to provide for any of the following matters unless BJA certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order: • Vehicles, vessels, or aircraft • Luxury items ® Real estate ® Construction projects, other than penal or correctional institutions * Any similar matters Is there anything in your project that could be interpreted as inconsistent with this requirement? No. Federal funds must be used to supplement existing funds for program activities and cannot replace or supplant nonfederal funds that have been appropriated for the some purpose Is there anything in your project that could be interpreted as inconsistent with this requirement? No. Applicant Disclosure of Pending Applications Applicants are to disclose whether they have pending applications for federally funded grants or subgrants (including cooperative agreements) that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. The disclosure should include both direct applications for federal funding (e.g., applications to federal agencies) and indirect applications for such funding (e.g., applications to state agencies that will subaward federal funds). OJP seeks this information to help avoid any inappropriate duplication of funding. Leveraging multiple funding sources in a complementary manner to implement comprehensive programs or projects is encouraged and is not seen as inappropriate duplication. Applicants that have pending applications as described above are to provide the following information about pending applications submitted within the last 12 months: -the federal or state funding agency -the solicitation name/project name -the point of contact information at the applicable funding agency. 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Q � ra 0 0 a F w 0 0 a F Q F� .ato O U H 0rA bf A Cd W w O ^ z w � W F W z z° w w O O U U 0 U 0 0 0 0 0 U W Q w z 0 z 0 z w 0 �o o �a z O U � a a ti ao � x 0 U 0 U 0 S a H w 0 O bR Y �b r O y U � 0 o U 0 � o a� .d -d � � � a � Q � O c ° 0 � a � � W c � w � o y U � N VJ IU+ F p y Q' Q C O O U � F. 4. b9 � O U y '� G Cdbo � O � U O O T 0 U A V1 Y Y I --I V � � C4 ;� O �Wcd 0 C0 G U U w Ca O t W ~ 0 W Q W cd y C Q 'mod a o U eU � � Q b z z O O U o es es 0 U .a vn CA O F� U U A � z z z o � cn 0 U H 0 E Y FH W e� ry �I y1 RI �\ O z� w � o z .. � � z F E• �r F O U :a W / 5 � \k \k ( \ k •' f \ . / § I �\\ ( k � //� .§ § � \ k o £ 2 ƒ % g (k� � \ � �2\ \Q\ $ \ § o a J kqa \ƒ§ ( Cd \fig \ c E-) O U W H O Q H 0 HIn w WI w z � z w w W F W 0 Z O O U U O O 0 U � H w O o a to .7 Q w w z 0 z 0 U 0 Y U PQ Y .y L� Cy 0 .a U Q {\\ ( R 7 bi \ \ & \fG lull § § 5 � ( ) \ cz . ; k\ &2 24 2 t 0bl 0 8 \ /a (� 8]§\ e 2 e $ _ Ip §"\\ K26 0 9§ta \ § \ § m c § = o g « ) / d a ■ _ > •- � � �cd / "0 2 _ \ 2 ' - 3 S 2 k w (�_ ) > � d 0 w \ \ \� § § i(U « & \\\ / e , 0 0 t U � U 'm ? y \ Q \ 0 R Q \ � / � .( k \ / / E : / CD CD c 611) E-� O U W A 0 w w W %r O w w W F It z z H F 0 0' U U U U U a H O E-a Y b k" o Y e 0 U as 0 U N Q Budget Summary — When you have completed the budget worksheet, transfer the totals for each category to the spaces below. Compute the total direct costs and the total project costs. Indicate the amount of Federal funds requested and the amount of non -Federal funds that will support the project. Budget Category Federal Request Non -Federal Amounts Total A. Personnel $0I $0 $0 B. Fringe Benefits $0� $0 $0 C. Travel $0 $0 $0 D. Equipment $41,89 $0 $41,894 E. Supplies $ $ $0 F. Construction $ $0 $0 G. Consultants/Contracts $0 $0 $0 H. Other $0 $0 $0 Total Direct Costs $41,894 $0 $41,894 I. Indirect Costs $0 $0 $0 TOTAL PROJECT COSTS $41,894 $0 $41,894 Federal Request $41,894 Non -Federal Amount $0 Total Project Cost $41,894 Public Reporting Burden Paperwork Reduction Act Notice: Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a current valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The estimated average time to complete and file this application is four (4) hours per application. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write the Office of Justice Programs, Office of the Chief Financial Officer, 810 Seventh Street, NW, Washington, DC 20531; and to the Public Use Reports Project, 1121-0188, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. City of Seattle Mayor Jenny A. Durkan December 13, 2019 Ms. Katharine T. Sullivan Principal Deputy Assistant Attorney General U.S. Department of Justice Bureau of Justice Assistance/Office of Justice Assistance 810 Seventh Street, NW Washington, DC 20531 RE: FY 2018 Byrne JAG Award #2018-DJ-BX-0200 Dear Ms. Sullivan, The City of Seattle ("City") is submitting its Grant Award Document and Certifications Document for the FY 2018 Byrne Justice Assistance Grant ("JAG') Award. The City continues to maintain its strong objection to certain conditions, specifically Paragraphs 7 and 8 of the Certifications and Assurances by the Chief Executive and Conditions 41-47, inclusive, in the Grant Award and Special Conditions document. Although the City has not modified or crossed out Special Conditions 41-47, please note the prominent disclaimers pursuant to the September 26, 2019 order that permanently enjoined DOJ from enforcing the challenged immigration -related grant conditions against U.S. Conference of Mayors members. City of Evanston v. Barr, -- F. Supp. 3d --, 2019 WL 4694734 (N.D. III. Sept. 26, 2019). The City is a member of the U.S. Conference of Mayors. Nothing in the City's acceptance of this award shall be construed as a certification of compliance with Paragraph 7 or 8 of the certification document or as an acceptance of Special Conditions 41-47 in the Grant Award and Special Conditions documents. In addition, the City interprets the term "applicable federal laws" in paragraph 6 of the certification document as denoting only those laws that expressly apply to federal grants. Please do not hesitate to contact me at (206) 684-5452 or via email at Mich_ elle.Chen@Seattle-gov if you have any questions. Sincerely, Michelle S. Chen Legal Counsel, Mayor of Seattle CC" Pete Holmes, Seattle City Attorney Sierra Howlett Browne, 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 2018 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality's application for an award under the FY 2018 Edward Byrne Justice Assistance Grant ("JAG") Program, and further to 34 U.S.C. § 10153(a), I certify under penalty of perjury to the Office of Justice Programs ("OJP'), U.S Department of Justice ("USDOJ"), that all of the following are true and correct: 1. 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 (f any) that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and Information (programmatic and financial), as OJP may reasonably require. 6. 1 certify that— (a) the programs to be funded by the award (if any) that OJP makes based on the application described above meet all the requirements of the JAG Program statute (34 U.S.C. §§ 10151-10158); (b) all the information contained in that application is correct; (c) in connection with that application, there has been appropriate coordination with affected agencies; and (d) in connection with that award (if any), the applicant unit of local government will comply with all provisions of the JAG Program statute and all other applicable federal laws. 7. 1 haQe- xa."rQcL ificaiion entitled "State or Local Government: FY 2016 Certification of Co H-r fl 'Y U.S.C. §§ 1373 & 1644" exec ed bythC Llegal officer of the apprica Zgoacsrc�rntn i respect to the FY 2018 JAG program and submitted in support of p0ea e and I hereby adopt that certification as �o%! _o ili-oM government (This provision is not applicabte 1ridia"fitmL_ _ �t B- 4wv$-exam) Led certification entitled "State or Local Government: FY 2018 Certification Relating to 6 U.S-C. §§ 1226(a) & (c ,i 2 1 �,(�t}, " 3�7 1366(1) & (3)" executed ❑ ih t aL4gar-eF. a applicant government with respect to the FY 2018 JAG raru-ar n--s o1 ttie application described above, and I here QPH i ica ion as my own on behalf of that government ( �s�am-is- ot-___-__ Ica Ie to Indian tribal government applicants.) I acknowledge that a irtateriallyr ralse, fictitious, or fraudulent statement (or concealment er omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §� 1C271-10273), and also may sub)ecl me and the applicant unit of local government to civil ai id admen slrotive fen-edies for false claims or olhe: ise (including under 31 U.S.C. §§ 3728-3730 anti §s 38-01- 61 2) l also acknn-vste6ge that OJP awards, Including certifications provided in connectlon ViI53unh awards, are subject to review by USDOJ, Ire^It,7 r,: ry 0JP and by tl-p tJSDOJ Office of the Inspecto �r L-r3 -15 Signapo of Chie E cutive of the Applicant Unit of Date of Certification Loca G vernmen GNA1y 1!f KH•r•1 ffA ,9,0, Frinted Name of Chief Executive Title of Chief Execul ve i r r 4-rr iLe Name of Applicant Unit of Local Government " Acceptance of FY 2018 JAG awards by U. S. Conference of Mayors members (as designated in Evanston v. Barr) shall not be construed as acceptance of Special Conditions 41 through 47 thereof. Nor, given the 41 injunction, currently in effect, in the litigation, against inclusion of those conditions in FY 2018 JAG awards, BJA-2018-13626 shall Special Conditions 41-47 be enforced against the foregoing jurisdictions while that ruling fs in effect. U.S. Department of Justice i Office ofJustice Programs Office of the Assistant Attorney General Washington, D.C. 20531 July 19, 2019 The Honorable Jenny Durkan City ofSeattle 700 Fifth Avenue Suite 5800 Seattle, WA 98124-4708 Dear Mayor Durkan: On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $681,367 for City ofSeattle. 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 ofall financial and programmatic reports, resolution ofall 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 of the 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-Grccn, Program Manager at (202) 514-8874; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at 11,1m Congratulations, and we look forward to working with you. Sincerely, /C7�,�. [Katharine T. Sullivan Principal Deputy Assistant Attorney General Enclosures Acceptance ofFY 201E JAG awards by U.S. Conference of Mayors members (as designated in Evanston v. Barr) shall not be construed as acceptance of Special Conditions 41 through 47 thereof. Nor, given the injunction, currently in effect, in the litigation, against inclusion offhose conditions in FY2018 JAG awards. shaif Speaal Conditions 41-47 be entacood against the to ago ngj xrsdrf ars while that fu+aug is in effect. U.S. Department of Justice Office of Justice Programs Ojfice ofCivil.Rights Washington, DC20531 July 19,2019 The Honorable Jenny Durkan City ofSeattle 700 Fifth Avenue Suite 5800 Seattle, WA98124-4708 Dear MayorDurkan: Congratulations on your recent award! The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S_ Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OV W) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI ofthe Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition ofreceiving federal financial assistance. For a complete review ofthese civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp.gov/f indinglExplore/LegalOverview/CiviMghtsRequirements.htm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal -opportunity standards. Ifyou are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with ON and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know. Sincerely, Michael L.Alston Director cc: Grant Manager Financial Analyst U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City ofSeattle 70017ifthAvenue Suite5800 Seattle, WA98124-4708 2a GRANTEE IRSNENDORNO. 916001303 2b GRANTEE DUNS NO_ 790597814 3. PROJECTTITLE Seattle/King County Joint JAG Program PAGE 1 OF 23 Grant 4. AWARD NUMBER: 2018-DJ-BX-0200 5. PROJECT PERIOD: FROM 10/01/2017 TO 09/302021 BUDGET PERIOD: FROM 10/012017 TO 09/302021 6 AWARD DATE 07/192019 7. ACTION 8. SUPPLEMENT NUMBER Initial 00 9. PREVIOUS AWARD AMOUNT s0 10, AMOUNT OF THIS AWARD $691,367 I LTOTAI. AWARD $681,367 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT 1S APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SEPFORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FORGRANT This project is supported under FY18(BJA - JAG State & JAG Local) Title 1 of Pub. L. No, 90-351 (generally codified at 34 U.S.C. 10101- 10726). including subpart I of part E (codified at 34 U S.C. 10151- 10 [58); see also 28 U.S.C.530C(a) 14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738- Edward Byrne Memorial Justice Assistance GrantProgram 15. METHOD OF PAYMENT GPRS AGENCYAPPROVAL _ 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL -Katharine T. Sullivan Principal Deputy Assistant Attomey General 17. SIGNATURE OF APPROVING OFFICIAL I ldve 7 GRANTEE ACCEPTANCE 18 TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL JennyDurkan Mayor 19.+IGN / JT1 RiY.L'U RECIPIENT OFFICIAL 19A.DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. TDJUGT0345 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT x B DJ 80 00 00 681367 Acceptance of FY 2018 JAG awards by U.S. Conference of Mayors members (as designated in Evanston v. Barr) shall not be construed as acceptance of Special Conditions 41 through 47 thereof. Nor, given the kiiiurclion, currently in effect, in the litigation, against inclusion of (hose conditions in FY 2018 JAG awards, shah Special Cavd6cris 41.47 be enforced against the far€ge ngjuJ sdcPinns while that rating a OJP FORM 40D02 (REV. 5-87) PREVIOUS EDITIONS AREOBSOLE-1'E in effect. OJP FORM 40002 (REV.4-88) 0U.S. Department ofJustice Office of Justice Programs �'1 + Bureau of Justice Assistance PROJECTNUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/19/2019 SPECIAL CONDITIONS 1. Requirements of the award; remedies for non-compliance or for materially false statements PAGE 2 OF 23 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 ofthis award. irtrir;31 Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period - - may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The Department ofJustice ("DOJ "), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the 'Part 200 Uniform Requirements") apply to this FY 2018 award fromOJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2018 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2018 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP websile athitps://ojp.gov/funding/Part200UnirurrnRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R.200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. "Acceptance of FY 2018 JAG awards by U.S. Conference of Mayors members (as designated in Evanston v. Barr) shall not be construed as acceptance of Special Conditions 41 through 47 thereof. Nor, given the injunction, curfently in effect, in the litigation, against inclusion of those conditions in FY 2018 JAG awards, shall Special Conditions 41-47 be enforced against the foregoing jurisdictions while that ruling is in effect. OJP FORM 4000/2 (REV.4-88) Ain, U.S. Department ofJustice Office of Justice Programs Bureau of Justice Assistance PROJECr NUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/19/2019 SPECIAL CONDITIONS 3. Compliance with DOJ Grants Financial Guide PAGE 3 OF 23 References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the ON website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified to a new Title 34, entitled "Crime Control and Law Enforcement" The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, ON 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 reclassifiedto Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 5 Required training for Point of Contact and all Financial Points ofContact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2016, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after— (1) the date ofOJP's approval of the "Change Grantee Contact" GAN (in the case of 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 lrainings that OJP will consider "OJP financial management and grant administration training" for pumosee orthFs coaditinn is ayssilablp at httl}s:llunwry.nin.ecsvltninint/finis,lttm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related to "de minimis" indirect castrate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. OJP FORM 4000t2 (REV.4-88) le U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/192019 SPECIAL CONDITIONS 7. Requirement to report potentially duplicative funding PAGE 4 OF 23 If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OV W, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently acocssible at 1litns;ll..aw.sartt,r nvl. This includes applicable requirements regarding registration with SAM as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAMrcgistration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https:Hojp.gov/funding/Explorc/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of' an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient)-- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or 2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 10. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that — for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract'). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.him (Award condition: All subawards ("subgrauts") must have specific federal authorization), and are incorporated by reference here. OJP FORM 40002 (REV.4-88) U.S. Department ofJustice Office of Justice Programs r► Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/19/2019 SPEC/AL CONDITIONS PAGE 5 OF 23 11. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider asubaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcuTement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and arc incorporated by reference here. 12. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/frmding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 13. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and otherevents 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 tern is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 14. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of2010, and other applicable laws. 15. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implementfl'rainingPrinciplesForGrantees-Subgrantees.htm. OJP FORM 4000/2 (REV.4-88) Initial U.S. Department ofJustice Office ofJusticcPrograms Bureau of Justice Assistance PROJECTNUMBER 2018-DJ-BX0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07119/2019 SPECIAL CONDITIONS 16. Effect of failure to address audit issues PAGE 6 OF 23 The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 17. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or 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. 18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of28 C.F.R. Part 42 that relate to an equal employment opportunityprogram. 19. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "educationprograms." 20. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulatinns Utirrently aCCesSdrlt al I1iM:f1/5M1ymo;ji royIcri- bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under a-CFR "current" data. OJP FORM 4000/2 (REV.4-88) T U.S. Department ofJustice Office of Justice Programs Bureau of Justice Assistance PROJECTNUMBER 2018-DJ-BX-0200 21. Restrictions on"lobbying" AWARD CONTINUATION SHEET Grant AWARD DATE 07/19/2019 SPECIAL CONDITIONS PAGE 7 OF 23 In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. ('there may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval ofOJP. 22. Compliance with general appropriations -law restrictions on the use of federal funds (FY2018) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2018, are set out at https://ojp.gov/funding/Explore/FY18AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use offederal funds by a recipient (or a subrecipient) would ormight 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 ofOJP. 23. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with fiords 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 ttusconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the GIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department ofJustice, 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 athttps://oig.justice.gov/hotline. OJP FORM 4000/2 (REV 4-88) (2�;_ nitial U.S. Department ofJustice Office of Justice Programs Bureau of Justice Assistance PROJECTNUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/19/2019 SPECIAL CONDITIONS 24. Restrictions and certifications regarding non -disclosure agreements and related matters PAGE 8 OF 23 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) ofwaste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The ibregoing 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 ofclassifredinfortnation. 1. In accepting this award, therecipient— a.represenls 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.certifres that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2.If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that -- (I )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 thatprohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORM 4000/2 (REV.4-88) Initial U.S. Department of.lustice Office of Justice Programs t Bureau of Justice Assistance PROJECTNUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/19/2019 SPECIAL CONDITIONS 25. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) PAGE 9 OF 23 The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of41 U.S.C. 4712, including all applicable provisions that prohibit, wider specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 26. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course ofperforming work funded bythis award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 27. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside ofDOJ if the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at anytime during the course of the period of performance under this award,'the recipient must disclose that fact and certain related information to OJf+by cmail at OJY.CnmplumccReowingiiilojp.mdoj.gov. For purposes ofthis 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 recipients disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date lherecipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. 28. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with ON (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 ON all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of anaward(s). OJP FORM 4000/2 (REV 4-88) Initial U.S. Department ofJustice Office of Justice Programs `.. Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/19/2019 SPECIAL CONDITIONS 29. FFATA reporting: Subawards and executive compensation PAGE 10 OF 23 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 ofthe 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 of2006 (FFATA), are posted on the ON web site at https://ojp.gov/fimding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30, Required monitoring ofsubawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 31. Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF425. 32. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 33. Avoidance of duplication ofnetworks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 34. Compliance with 28 C.F.R. Part23 With respect to any information -technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, ON may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. OJP FORM 4000/2 (REV.4-88) Ani,Ztial U.S. Department ofJustice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX 0200 35. Protection of human research subjects AWARD CONTINUATION SHEET Grant AWARD DATE 07/19/2019 SPECIAL CONDITIONS PAGE 11 OF 23 The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 36. Confidentiality ofdata The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of28 C.F.R. Part 22 and, in particular, 28 C.F.R.22.23. 37. Verification and updating ofbecipient contact information The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. if any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 38. Law enforcement task forces -required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (intemet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for TaskForce Integrity and Leadership (www.ctfli.org). 39. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure ofsuch funds. OJP FORM 4000/2 (REV.4-88) U.S. Department o0ustice Office of Justice Programs Bureau of Justice Assistance PROJECTNUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/19/2019 SPECIAL CONDITIONS 40. Submission of eligible records relevant to the National Instant Background Check System PAGE 12 OF 23 Consonant with federal statutes that pertain to firearms and background checks --including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate — promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 41. Certification of Compliance with 8 U.S.C. 1373 and 1644 (within the funded "program or activity") required for valid award acceptance by a local government (27 In order validly to accept this award, the applicant local government must submit the required "State or Local Initial Government: FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644" (executed by the chief legal officer of the local government). Unless that executed certification either-- (1) is submitted to OJP together with the fully - executed award document, or (2) is uploaded in OJP's GMS no later than the day the signed award document is submitted to OJP, any submission by a local government that purports to accept the award is invalid. If an initial award -acceptance submission by the recipient is invalid, once the local government does submit the necessary certification regarding 8 U.S.C. 1373 and 1644, it may submit a fully -executed award document executedby the local government on or after the date of that certification. For purposes of this condition, "local government" does not include any Indian tribe, "Acceptance of FY 2018 JAG awards by U. S. Conference of Mayors members (as designated in Evanston v. Barr) shall not be construed as acceptance of Special Conditions 41 through 47 thereof. Nor, given the injunction, currently in effect, in the litigation, against inclusion of those conditions in FY 2018 JAG awards, shall Special Conditions 41-47 be enforced against the foregoing jurisdictions while that ruling is in effect. OJP FORM 4000/2 (REV.4-88) rFulf W_= ,X14*7A U.S. Department ofJustiec Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07119/2019 SPECIAL CONDITIONS PAGE 13 OF 23 42. Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance ].With respect to the "program or activity" funded in whole or part under this award (including any such program or activity ofany subrecipient at any tier), throughout the period ofperfonnance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an "information -communication restriction" under this award. 2.Certifications from subrecipients. The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or educational institution that would receive the subaward, using the appropriate forni available at hUps://ojp.gov/funding/Explore/S`amp[eCertifications-8USC]373.htni. Also, the recipient must require that no subrecipient (at any tier) may make a further subaward to a State, a local government, or a public institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or institution that would receive the further subaward, using the appropriate OJPform. 3.The recipients 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 ofthis award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 5. Rules ofConstruction A- For purposes of this condition: (1)"State" and 'local government" include any agency or otbcr entity thereof, but not any institution ofhigher education or any Indian tribe. (2)A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) 'Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as references to particular components ofthe Department of Homeland Security (DHS). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before Acceptance of FY 2018 JAG awards by US Conference of Mayors members (as designated in Evanston v. Barr) shall not be construed as acceptance of Special Conditions 41 through 47 thereof. Nor, given the injunction, currently in effect in the litigation, against inclusion of those OJP FORM 4000/2 (REV.4-8g9nditions in FY 2018 JAG amvds, shall Special Conditions 41-47 be enforced against the foregoing jurisdictions while that ruling is in effect. Initial U.S. Department of3ustice Office of Justice Programs ' Bureau of Justice Assistance PROJECTNUMBER 2018-DJ-BX-0200 award acceptance. AWARD CONTINUATION SHEET Grant AWARD DATE 07/19/2019 SPECIAL CONDITIONS PAGE 14 OF 23 43. Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement (8 U.S.C. 1373 and 1644); unallowable costs; notification 1. Ifthe recipient is a "State," a local government, or a "public" institution of higher education: A.The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information -communication restriction." B.In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient at any tier that is a Stale, a local government, or apublic 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 ofthe date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance." D. The recipient must promptly notify OJP (in writing) ifthe recipient, from its requisite monitoring ofcompliance 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 goverment or a public institution ofhigher education, may be subject to any information -communication restriction. In addition, any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution ofhigher education must require prompt notification to [he entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. 2.Any subaward (at any tier) to a subrecipient that is a State, a local goverment, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information -communication restriction. 3.Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition. 4. Rules ofConstruction A.For purposes of this condition "information -communication restriction" has the meaning set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition. B.Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition are incorporated by reference as though set forth here in full. "Acceptance of FY 2018 JAG awards by U. S. Conference of Mayors members (as designated in Evanston v. Ban) shall not be construed as acceptance of Special Conditions 41 through 47 thereof. Nor, given the r>pmclion, currently in effect, in the litigation, against inclusion of those conditions in FY 2018 JAG awards, shall Special Conditions 41-47 be enforced against the foregoing jurisdictions while that ruling is in effect. OJP FORM 4000/2 (REV.4-88) r U.S. Department ofJustiee Office of Justice Programs Y�- Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/19/2019 SPECIAL CONDITIONS PAGE: 15 OF 23 44. Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law enforcement sensitive information SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1.Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal lawenforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12— without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C.1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance With this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e_g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition— (I)the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8U.S.C. 1101(a)(3)); (2)the term "federal law enforcement information" means law enforcement sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation— (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any decontliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3)the term 'law enforcement sensitive information" means records or information compiled for any law enforcement purpose;and (4)the term "public disclosure" means any communication or release other than one-- (a) within the incipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. `Acceptance of FY 2018 JAG awards by U.S. Conference of Mayors members (as designaled in Evanston v. Berri shall not be construed as acceptance of Special Conditions 41 through 47 thereof. Nor, given the injunction, currently in effect, in the litigation, against inclusion of those con&llons in FY 2018 JAG awards, shall Special Conditions 41-47 be enforced against the foregoing jurisdictions while that ruling is in effect. OJP FORM 4000/2 (REV.4-88) �%f U.S. Department ofJustice Office of]ustice Programs Bureau of Justice Assistance PROJECTNUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/1912019 SPECIAL CONDITIONS PAGE 16 OF 23 45. Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder ofthe period ofperformance for the award. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- within the funded program or activity, no State or local government entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any Slate or local government (or government -contracted) correctional facility by such agents for the purpose "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated forthe reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules ofconstruction A. For purposes of this condition: (1)The term "alien" means what it means under section 101 ofthe Immigration and Nationality Act (INA) (see 8 U.S.C. 1101(a)(3)). (2)The term "correctional facility" means what it means under the title I ofthe Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C.10251(a)(7)). (3)The tern "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that -- (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect ofpreventing or ofsignificantly delaying orcomplicating. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. "Acceptance ofFY 2018 JAG awards by U.S. Conference of Mayors members (as designated in Evanston v. Barr) shall not be construed as acceptance of Special Conditions 41 through 47 thereof. Nor, given the injunction, currently in effect, in the litigation, against inclusion of those conditions in FY 2018 JAG awards, shall Special Conditions 41-47 be enforced against the foregoing jurisdictions while that ruling is in effect. OJP FORM 4000/2 (REV.4-88) Initial U.S. Department ofJuslice Office of Justice Programs ;4c, . ` Bureau of Justice Assistance PROJECTNUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07119/2019 SPECIAL CONDITIONS PAGE 17 OF 23 46. Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. Noninterference with "removal" process: Notice ofscheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement'; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number ofillegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. ofremovable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or official (including a government -contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a Stale or local government (or government - contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring ofsubrecipicnt compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated forthe reasonable, necessary, and allocable costs (ifany) ofactions (e.g., training) designed to ensure compliance with this condition. 4. Rules ofconstruction A. For purposes of this condition: (])The term "alien" means what it means under section 101 of the INA (see 8 U.S.C. I101(a)(3)). (2)The term "correctional facility" means what it means under the title I of the Omnibus Crime Control andSafe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)). B.Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyondthe date and time the individual otherwise would have been released. C. Applicability (])Current DHS practice is ordinarily to request advance notice ofscheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form 1-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be aviolation ofthis condition to provide only as much advance notice as practicable. IMP (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be "Acceptance of FY 2018 JAG awards by U.S. Conference of l44v a members (as designated in Evanston v. Barr) shall not be construed as acceptance of Special Cond ion 41 through 47 thereof. Nor, given the injunction, currently in effect, in the litigation, against inclusion of those conditions in FY 2016 JAG awards, shall OlI't�uar�t�� 1-17 Ge taafcrx�d agaihsl.me ju++sd�Ctitwl5 wN7s that+utrng rs rn eff�i. Initial U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/192019 SPECIAL CONDITIONS PACE 18 OF 23 detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. D. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. 47. Requirement to collect certain information from subrecipients The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with regular document retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. OJP FORM40002 (REV.4-88) i 'Acceptance of FY 2018 JAG awards by U.S Confa�ance of Mayors members (as designated in Evanston v. Barr) shall not be construed as acceptance of Special Conditions 41 through 47 thereof. Nor, given the injunction, currently in effect, in the litigation, against inclusion of those conditions in FY 2018 JAG awards, shall Special Conditions 4147 be enforced against the foregoing jurisdictions while that ruling is in effect. U.S. Department ofJuslice Office of Justice Programs Bureau of Justice Assistance PROJECTNUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/192019 SPECIAL CONDITIONS 48. Compliance with National Environmental Policy Act and related statutes PAGE 19 OF 23 Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a.New construction; b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c.A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d.Implementation ofa 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 e1ruplementation 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 ofa Mitigation Plan, as detailed at https://bja.gov/runding/nepa.htrnl, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA ofa national or program environmental assessment ofthat funded program oractivity. 49. Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJPat the time ofeloseout. OJP FORM 400012 (REV.4-88) 01-iti'l U.S. Department ofJustice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/19/2019 SPECIAL CONDITIONS 50. Prohibition on use of award funds for match under BVP program PAGE 20 OF 23 JAG funds may not be used as the 50% match for purposes ofthe DOJ Bulletproof Vest Partnership (BVP)program. 51. Certification of body armor "mandatory wear" policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize fimds 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 ofthe policy other than it be a mandatory wear policy for all uniformed officers while on duty. 52. Body armor -compliance with NIJ standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-arTnor.aspx). In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ /nij.gov/ topics/ technology/ body -armor/ pages/safety-initiative.aspx. 53. Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). 54. Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF425) and semi-annual performance reportsthrough OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 55. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. 56, Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. OJP FORM 4000/2 (REV.4-88) Initial U.S. Department ofJustice Office of Justice Programs . VAP Bureau of Justice Assistance PROJECTNUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/19/2019 SPECIAL CONDITIONS PAGE 21 OF 23 57. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2017 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2017), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, ata minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion ofthe award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 58. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access toCODIS. No profiles generated under this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODiS. 59. Three percent set -aside for NIBRS compliance The recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving full compliance with the FBI's National Incident -Based Reporting System (NIBRS), unless the FBI or appropriate State official has certified that the recipient locality is already NIBRS compliant, and evidence of this has been submitted to and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate what projects will be supported by this 3 percent set -aside, unless evidence of NIBRS compliance has been submitted to and approved by BJA. Recipients serving as fiscal agents for "disparate jurisdictions," (as defined at 34 USC 10156(d)(4)) have to pass this requirement through to in subawards to other localities in the disparate jurisdiction, so that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance, unless, with respect to each locality in the disparate jurisdiction group, evidence of NIBRS compliance has been submitted to and approved by BJA. OJP FORM 4000/2 (REV.4-88) Initial U.S. Department ofJustice Office of Justice Programs Bureau of Justice Assistance PROJECTNUMBER 20t8-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/19/2019 SPECIAL CONDITIONS 60. Encouragement of submission of "success stories" PAGE 22 OF 23 BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success slow.. sisn in to a My WA JaixttutltM 111IM:1 / rnviv hjagnyl 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.bia.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https:/ / www.bia.gov/ SuccessStoryList.aspx. 61. Withholding of funds: Required certification from the chief executive of the applicantgovernment The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 62. Withholding offunds: 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, The recipient agrees promptly to provide, upon request, financial or programmatic -related documentation related to this award, including documentation of expenditures and achievements. 64. The recipient understands that it will be subject to additional financial and programmatic on -site monitoring, which may be on short notice, and agrees that it will cooperate with any such monitoring. 65. Withholding of funds: Completion of "OJP financial management and grant administration training" required The recipient may not obligate, expend, or draw down any award funds until-- (1) OJP determines that the recipient's Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award have successfully completed an "OJP financial management and grant administration training" on or after January 1, 2016, and (2) OJP issues aGrant Adjustment Notice (GAN) to modify or remove this condition. Once both the POC and all FPOCs have successfully completed the training required by this condition, the recipient may contact the designated grant manager for the award to request initiation of a GAN to remove this condition. A list of the OJP trainings that OJP will consider an "OJP financial management and grant administration training" for purposes of this condition is available at https:/Iojp.gov/training/frnts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. 66. Withholding of funds: Disclosure oflobbying The recipient may not obligate, expend, or draw down any funds under this award until it has provided to the grant manager for this OJP award a complete Disclosure of Lobbying Activities (SF-LLL) form, and OJP has issued a Grant Adjustment Notice to remove this special condition. OJP FORM 4000/2 (REV.4-88) L 4" U.S. Department ofJustice Office of Justice Programs Bureau of Justice Assistance PROJECTNUMBER 2018-DJ-BX-0200 AWARD CONTINUATION SHEET Grant AWARD DATE 07/19/2019 SPECIAL CONDITIONS 67. Withholding - DHS question attachment * PAGE 23 OF 23 The recipient may not obligate, expend or draw down funds until the Office ofJustice Programs has received and approved the required application attachment(s) described in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)," and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 68. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at littps://ojp.gov/funding/FAPIIS.hiTn (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. ' Accapfame of FY 2018 JAG Swards by US. CWleic.7ce o? Mayvs rre.,r,,bFs (aa designated Ir! Evarslon Y. Parr) shall not 1, cnnslruan as acceptance of Special Conditions 41 through 47. Nor, given the injunction, currently in effect, in the litigation, against inclusion of those conditions in FY 2018 JAG awards, shall Special Conditions 4147 be enforced against the foregoing jurisdictions while that ruling is in effect. OJP FORM 4000/2 (REV_4-88) Initial UTi3i 01 U.S. Department of Justice F: Office of Justice Programs Bureau of Justice Assistance washinglon, D.C. 20531 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 parry. 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 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 ltttps:/Iwww.bja.govJFunding/nepa.htm1. 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 of7ustice GRANT MANAGER'S MEMORANDUM, PT. I: Office of Justice Programs PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECTNUMBER 2018-DJ-BX-0200 PAGE 1 OF t This project is supported under FYI8(BJA -JAG Slate & JAG Loral) Title 1 of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101- 10726),including subpart I ofpart E (codified at 34 U.S.C. 10151- 10158); see also 28 U.S.C. 530C(a) 1. STAFF CONTACT (Name & telephonenumber) 2. PROJECT DIRECTOR (Name, address & telephonenumber) Jeffioy S.Felten-Green Diane Pilon (202)514-8874 Grant Manager 700 FilihAvenue Suile5800 Seattle, WA98124 (206)386-1996 3a. TITLE OF THEPROGRAM 3b_ POMS CODE (SEE INSTRUCTIONS BJA FY 18 Edward Byrne c Memo"Justice Assistance Grant (JAG) Program -Local Solicitation ONREVERSE) 4. TITLE OF PROJECT Seattle/King County Joint JAG Program 5, NAME & ADDRESS OFGRANTEE 6. NAME & ADRESS OF SUBGRANTEE City ofSeattle 700MI Avenue Suite5800 Seattle, WA98124-4708 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/012017 TO: 09130/2021 FROM: 10/012017 TO: OWM021 9. AMOUNT OFAWARD 10. DATE OF AWARD $681,367 07/192019 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGEI'PERIOD 14, THIRD YEAR'S BUDGETAMOUNT 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 of criminal justice related activities based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, cquiprnrnr, supplies, contraci:lal support, ❑nd rnfomratinn systems 1nrcnminolimtru. including for anyone or more ofth,; t�:il,:v;iei, purpose areas: 1) law enforcuucn[ 1rr: gr :rn• 2)prosecur,mi j,r.d—urr tu;,ju °:, 3) :cnl yducalion prat, cans. -1) co .ccurnrsandcommunity•::.ir-.. ii, u,, programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than cou pensation); and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervenlionteams. This Local JAG award will be shared by the County and one or more jurisdictions identified as disparate within the current Fiscal Year eligibility list (www.bia.aov/Jaal. JAG funding will be used to support criminal justice initiatives that fall under one or more ofthe allowable program areas above. Any OJP FORM 40002 (REV.4-88) equipment purchases or funded initiatives such as overtime, teak fbn es, drug programs, Informalion sharing, etc, will be aimed at reducing crime and/orenlu moing publio/officamfety. Ile disparatajunxdicbmhswill use funding to support the fol lovd ngpriorities: Preserving alld r.upnnrtrng a xa7cr of law cr.ri,rc hrv_nl proIr= ammdat pmventi rig and reducingcriave; providing=viccs so iw r it ,,potchastnglaw enforcement and invcs I zZarlvt equiprn.^ILi•CILIIMC:rlg]L4, eninr.xnhenrtraining; implemrnting community based programs; providing law mforcemenr overtime, and for the srre;uh:I! n h rl fr �i nil uuc ii I v n t.nor• Lxlin,�k.�av xcAmcr• COUNCIL MEETING DATE: August 11, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 6b SUBJECT: EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR FY 2018 POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department accept the Edward Byrne Memorial Justice Assistance Grant (JAG) for FY2018? Acceptance of grant requires no matching funds. COMMITTEE: N/A MEETING DATE: N/A 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 JAG FY2018 2. JAG 2018 Grant Award 3. FYI JAG Contract MOU 4. 2018 Jag MOU Allocations REV Belle -Bur Decline 5. 2018 Project Narrative 7-15-2020 6. 2018 Budget Worksheet Options Considered: 1. Approve the proposed FY 2018 Grant 2. Reject the proposed FY 2018 Grant MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: Curl nitte Co mil InitlaUDdte Initial Datc Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the proposed FY2018 JAG Grant. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ; - (�CwI`� Ahl'I�OV LE] ' .�f $��!�,� COUNCIL BILL # DENIED `--" First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 15, 2020 TO: City Council VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: FY 2018 Edward Byrne Memorial Justice Assistance (JAG) Grant Program Financial Impacts: JAG funds support all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. Specific projects are described in the attached financial and narrative summary document. Project Award: $41,894 for the purchase of Safe City server and network infrastructure and Mobile Data Computer (MDC) spares. Back rXound 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, including the City of Federal Way. The City of Seattle ("Seattle") is submitting its Grant Award Document and Certifications Document for the Fiscal Year (FY) 2018 Byrne Justice Assistance Grant (JAG) Award per the guidance provided by the Department of Justice ("DOJ"), but continues its strong objection to certain conditions, Paragraph 7 and 8 of the Certifications and Assurances by the Chief Executive and Conditions 41-47 (pertaining to non-interference with federal law enforcement, access to facilities, and notification of release from custody). Please note the prominent disclaimers pursuant to the September 26, 2019 order that permanently enjoined the DOJ from enforcing the challenged immigration -related grant conditions against U.S. Conference of Mayors members. City ofEvanston v. Barr, -- F. Supp. 3d --, 2019 WL 4694734 (N.D. III. Sept. 26, 2019). Seattle is a member of the U.S. Conference of Mayors. Acceptance of the FY 2018 Edward Byrne Memorial Justice Assistance Grant will ensure that services or projects under this Agreement will be conducted for the stated purpose of the Byrne 1 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. RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 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 RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): x INTERLOCAL ❑ OTHER 5. PROJECT NAME: FY 2018 EDWARD BYRNE MEMORIAL JUSTICE JUSTICE A5sIs'TANCE (JAG) GRANT 6 NAME OF CONTRACTOR: CITY OF SEATTLE ADDRESS: 700 5TH AVENUE, SUITE 5800, Sl: �TTLE, WA 98124-4708 TELEPHONE_ E-MAIL: FAX: SIGNATURE NAME: F:m 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: 1:`[,Now,` AI rI I IS i i:%I r COMPLETION DATE: UNKNOWN AT THIS TIME 9. TOTAL $40,522.46 PA wro CITY (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 ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 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 ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: INITIAL / DATE SIGNED s Ill ATE SENT: ;_ , L Memorandum of Understanding FY 2018 Edward Byrne Memorial Justice Assistance Grant This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2018 Edward Byrne Memorial Justice Assistance Grant— 2018-DJ-BX-0200. 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 - declined • 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 to all sub -recipients for these services. Pagel of 3 Allocation of the declined Bellevue funds has been made along the percentages that DOJ allocated each agency their JAG funds. The allocation of funding is as follows: Auburn $32,186.32 n ^' 0 Bu rien $23,787.67 Des Moines $11,877.21 Federal Way $40,522.46 Kent $36,287.75 King County $204,255.81 Renton $29,159.75 SeaTac $16,930.34 Seattle $270,086.17 Tukwila $16,273.52 l Total Allocation $681,367.00 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 Memorandums of Understanding - Contracts with all participating jurisdictions. VI. 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. Page 2 of 3 Memorandum of Understanding FY 2018 Edward Byrne Memorial Justice Assistance Grant Signature Page Jurisdiction: .4* Signature: Name & Title: =73 t rr, iAIR Page 3 of 3 _�kCITY O ed e r V*Vay 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: FEDERAL WAY POLICE DEPARTMENT 33325 8T" Avenue South Federal Way, WA 98003 253 835-6700 �n rrr.eity� ;ecleral ;a;.rrm Jim Ferrell, Mayor Andy J. Hwang, Chief of Police 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 FY17, FY18 and FY19. 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 FY17 JAG cycle. The City of Federal Way, understanding that City of Bellevue declines funding in FY18 and FY19 JAG, accepts additional allocations by percentage from the declined funds. Sincerely, Jim Ferrell, Mayor COUNCIL MEETING DATE: February 18, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NEW ALLOCATION MOU'S FOR FY17, FY18, AND FY19 JAG AWARD ITEM #: -5 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: February 11, 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. MAYOR APPROVAL: / �► 7 DIRECTOR APPROVAL: ,.nrn rni[t e ' 'nuncil ' Initial/Date Initial/Date I:�isl,tl'L';r: COMMITTEE RECOMMENDATION: I move to forward the proposed JAG Grant FY17, FY18 and FY19 New Allocation MOU's to the February 18, 2020 consent agenda for approval. L � Comn ttee Chair Comm Committee Member PROPOSEI] COUNCIL MOTION: "I move approval of the proposed JAG Grant FY17, FY18 and FY19 New Allocation 1VIOU's and authorize the Mayor to sign. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTIOI J�S�w APPR0I+Ew n !` GV 1/l/ COUNCIL BILL # DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ NIOVED 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: FY17/18/19 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 FYI 9. The City of Federal Way, Federal Way Police Department has executed FY17 MOU with budget, scope of work and agreements, and does not wish to further delay funding. For FY17 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 funds 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 FY17 JAG cycle only. Rev. 7/18