AG 20-036 - CITY OF SEATTLE 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#):_ —O A INTERLOCAL
❑ OTHER
5. PROJECT NAME: FY19 Edward Bryne Memorial Justice Assistance(JAG)Grant-MOU Contract Amendment
6. NAME OF CONTRACTOR: City of Seattle(Kathryn Finau,Grant Manager)
610 5th Avenue PO Box 34986 Seattle,WA 98124-4986TELEPHONE� 206 233-3722
ADDRESS: I
E-MAIL:Kathryn,Finau3@seattle.gov FAX:
SIGNATURENAME: Brian G
mL TITLE Chief Operating Ofter
7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE IJ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES A PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: Date Signed COMPLETION DATE: 09/30/2023
9. TOTAL COMPENSATION$„Grant Allocation$44,766 (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 ENO IF YES $ PAID BY:❑CONTRACTOR❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: "I^
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR zz
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW jrc 10/17/22
11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: ) COUNCIL APPROVAL DATE: ) ,m
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT:_ DATE REC'D:
El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSE mm �...........
S,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I 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
YkSIGNATORY(MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG# AG#
COMMENTS:
2/2017
The City of Seattle
Seattle Police Department
AMENDMENT NO. 1
I
TO
Memorandum of Understanding-Contract
Contract#20-00582
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.
ARTICLE I: TERM OF AMENDMENT
The term of the agreement shall be amended from a performance end date of 9130/22 to 9/30/23.
FUNDING SOURCE
FEDERAL AWARD INFORMATION
� . . .. _ �.. _. �. .... .Memorial
... ._;� � � (JAG) ._...
GRANT AWARD TITLE FE�w�8 me Memorial Justice Assistance Grant JAG Program
Y 2019 Local Solicitation
9
Must match registered name in DUNS
FEDERAL AWARD ID# � DUNS NUMBER CDFA NUMBER
2019-DJ BX-0906 9059 SUBAW _ �
_7814 #16.738
PERIOD OF SUBAWARD PERIOD OF
FEDERAL AWARD DATE
PERFORMANCE START DATE w. PERFORMANCE ENDDATE m
09/18/2019 10/01/2018 09/30/2023 amended
FUNDS OBLIGATED FOR THIS TOTAL GRANT AWARD FEDERAL .w.... .___
AGREEMENT AWARD AGENCY
.... T ..- . -. �.. � �. .m.___ _.�.,� . - ... ..... .�....... ........ . ...
e .. $44,766 $672 410 e DOJ, 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 Hu toa for reference purpose only
..._. Brief Desc.__...n of Chan �._.. .m'
�.... min
Original $44,766
Amendment 1 Performance end date extended to 9/30/23
.....__��.. m. .... ._. �.... .
Total44,766
The parties have executed this Amendment by having their representatives sign below.
CITY F FEt3 R'AL WAY SEATTLE POLICE DEPARTMENT
a
iFr:E3 U ,ai2ir ;T}
jierre I Brian G. Maxey
r Chief Operating Officer
Date X21 Date 12/08/2022
Page 1
Memorandum of Understanding-Contract
Edward Byrne Memorial
Justice Assistance Grant(JAG) Program
FY 2019 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
Page I 1 CityofFederal Way 1.5 420-00582
IN WITNESS WHEREOF,the parties have executed this Agreement by having their
representatives affix their signatures below.
City of Federal Way City of Seattle
Ji�� e91, ayor � Maa°l� NBSeattle
aird,Chief Operating Officer
Police Department
Date:
Date:
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$672,410 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 9 did;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 22,2019 to request JAG
Program funds;and
WHEREAS,based on the City's successful application,the Bureau of justice Assistance has
awarded$672,410 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 rands are
spent;
NOW THEREFORE,the parties hereto agree as follows:
Page 12 City of Federal Way 1.5#20-00582
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 30,2022 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 Mernor al Justice Assistance Grant(JAG)Program (42 U.S.C.
3751(a.))The 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
31-41 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 31-41 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
2019 Justice Assistance Grant Program Award#2019-DJ-BX-0906. All federal financial
and grant management rules and regulations must be adhered to in the execution of
this contract. Exhibit Attachment A is a copy of the federal award documents.All
special conditions stated in the award documents apply to the execution of this
contract. All Subrecipients are assumed to have read,understood,and accepted the
Award as binding.
Page 13 City offederal Way 1.5#20-00582
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 2019 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.
5. 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
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.
Page 14 City of Federal Way 1.5#20-00582
e, If applicable,once any single audit has been completed,the Subrecipient must
send a full copy of the audit to the City and a letter stating there were no findings,
or if there were findings,the letter should provide a list of the findings. The
Subrecipient must send the audit and the letter no later than nine months after the
end of the Subrecipient's fiscal year(s)to:
Faye Landskov,JAG Program Manager
Seattle,Police Department
610 Sth Avenue
PO Box 34986
Seattle,WA 98124-4986
206-733-9163•
f. In addition to sending a copy of the audit, the Subrecipient must include a
corrective action plan for any audit findings and a copy of the management letter if
one was received.The Subrecipient shall include the above audit requirements in
any subcontracts.
g. The Subrecipient agrees to cooperate with any assessments,national evaluation
efforts,or information or data collection requirements,including,but not limited
to,the provision of any information required for assessment or evaluation of
activities within this agreement,and for compliance BJA reporting requirements.
h. Suspension and Debarment:The Subrecipient certifies that neither it nor its
principals are presently debarred,suspended,proposed for debarment,declared
ineligible,or voluntarily excluded from participating in transactions by any
Federal department or agency. By signing and submitting this Agreement,the
Subrecipient is providing the signed certification set out below. The certification
this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into.
If it is later determined that the Subrecipient rendered an erroneous certification,
the Federal Government and City may pursue available remedies,including
termination and/or debarment, The Subrecipient shall provide immediate written
notice to the City if at any time the Subrecipient learns that its certification was
erroneous when submitted or has become erroneous by reason of changed
circumstances.
The Subrecipient agrees by signing this Agreement that it shall not enter into any
covered transaction with a person or subcontractor who is debarred,suspended,
proposed for debarment, declared ineligible,or voluntarily excluded from
participation in this covered transaction,unless authorized in writing by the City.
The Subrecipient shall include the requirement in this section in any subcontracts.
ARTICLE IV: SCOPE OF WORK
The Scope of Work of this Agreement and the time schedule for completion of such work is
as described in Attachment 13:JAG Budget Worksheet, as approved by BJA.Attachment B is
attached to and made part of this agreement.
Page 15 City of Federal Way 1.5#20-00582
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$44,766.
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. a' mant
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.
Fiscal Accounts Pa able Faye Lando kov, AG Protram Manager
Submit invoicin
Pa
.�,�... ....,Y.�..._� � _ _._._ , skov,� g .._.ana er
Page 16 City of Federal Way 1.5#20-00582
Seattle Police Department Seattle Police Department
610 Sth Avenue 610 561 Avenue
PO Box 34986 PO Box 34986
Seattle,WA 98124-4986 Seattle,WA 98124-4986
SPDAP@seattle.gov 206-733-9163
,t" 11 .l 1 0 1 i 0
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 31-41 in the Grant Award and Special Conditions documents.
2. `ecjI9=L' D, i
a. Subrecipient shall permit SPD to carry out monitoring and evaluation activities,
including any performance measurement system required by applicable law,
regulation,funding sources guidelines or by the terms and conditions of the
applicable Notice of Prime Award,and Subrecipient agrees to ensure,to the greatest
extent possible,the cooperation of its agents,employees and board members in
such monitoring and evaluation efforts. This provision shall survive the expiration
or termination of this Agreement.
b. Subrecipient shall cooperate fully with any reviews or audits of the activities under
this Agreement by authorized representatives of SPD,DOJ,the U.S.Government
Accountability Office or the Comptroller General of the United States and
Subrecipient agrees to ensure to the extent possible the cooperation of Its agents,
employees and board members in any such reviews and audits. This provision shall
survive the expiration or termination of this Agreement.
ARTICLE VII:-AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in writing
and signed by authorized representatives of the parties hereto.The parties hereto
expressly reserve the right to modify this Agreement,by mutual agreement.
Page 17 City of Federal Way 1.5 420-00582
7f
COUNCIL MEETING DATE: November 15,2022 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: MEMORANDUM OF UNDERSTANDING(MOU)CONTRACT AMENDMENT FOR FISCAL YEAR(FY)
2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT(JAG)
POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department accept the amended
MOU Contract for the Edward Byrne Memorial Justice Assistance Grant(JAG)for FY 2019?
COMMITTEE:PRHS&PSC MEETING DATE: November 8,2022
CATEGORY:
® Consent Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF RE
PORT BY; Diane Shines, Civilian Operations Manager DEFT: Police
Attachments: 1. Staff Report FY2019 JAG-Extension
2. FY2019 JAG MOU Contract Amendment 1
3.2019-DJ-BX-0906 Federal Way MOU Contract- Original
Options Considered:
1. Approve the FY 2019 JAG Amendment.
2. Do not approve FY 2019 JAG Amendment
MAYOR'S RECONI MEN DATION: Option 1.
MAYOR APPROVAL: DIRECTOR APPROVAL:
Lairaoatirt a,t". �RSxsiar' a lnot�ull ruke
Initia!ate Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed FY 2019 JAG Grant MOU Contract
Amendment to the November 15, 2022, consent agenda for approval.
Committee Chair Col inittcc;Membi�i Committee Member
PROPOSED COUNCIL MOTION: `I move gppj-ov4a1 of th& proposed FY 2019 JAG Grant MOU Contract
Amendment."
OU"�'it AC llti .._...
t'BELOWTOBECOMPLETEDBY °1T CYWLItArnwt lIftE
t
4l"i�IRf 'VTl i�i ��� �iJ COUNCIL BILL#
�W
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: November 8, 2022
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: Fiscal Year (FY) 2019 Edward Byrne Memorial Justice Assistance (JAG) Grant—
Contract Extension
Financial Impacts:
The Federal Way Police Department completed all projects, and the City is awaiting final
reimbursement. There is no financial impact to the City's general fund or to the police department's
operating budget.
Background
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of
federal criminal justice funding to state and local jurisdictions. The City of Seattle is the Fiscal
Agent, and as such, amended Memorandum of Understanding Contract, Article I: Term of
Agreement as follows:
The term of the agreement shall be amended from the performance end date of 9/30/2022 to
9/30/2023.
All other terms and conditions of the original agreement, as amended, will remain in effect.
The City of Federal Way's acceptance of the amended MOU Contract for FY 2019 Edward Byrne
Memorial Justice Assistance Grant is in line with the goals and stated purposes for services or
projects of the Byrne Memorial Justice Assistance Grant (JAG) Program (42.U.S.C.3751(a.).
1
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#): ® INTERLOCAL
❑ OTHER
5. PROJECT NAME: FY2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE (JAG) GRANT
6. NAME OF CONTRACTOR: CITY OF SEATTLE (Faye Landskov,JAG Program Manager)
ADDRESS: 610 5th Avenue,SEATTLE,WA 98124-4986 TELEPHONE 206-733-9163 T
E-MAIL: Faye.Landskov@seattle. og v FAX:
SIGNATURE NAME: Mark R,Baird 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 30,2022
9. TOTAL COMPENSATION$ Grant to the City$44,766 (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 ONO IF YES,$ PAID BY.❑CONTRACTOR❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: NIA
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
LSI LAW DK 7/2/20
11. COUNCILAPPROVAL(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 s
❑ ASSIGNED AG# A01
COMMENTS:
COUNCIL MEETING DATE: July 21,2020 ITEM#: 5c-
CITY
OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT(JAG) PROGRAM FOR FY 2019
POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department accept the Edward
Byrne Memorial Justice Assistance Grant(JAG) Grant for FY 2019? Acceptance of grant requires no matching
funds.
COMMITTEE: PARKS,RECREATION,HUMAN SERVICES AND PUBLIC MEETING DATE:
SAFETY COUNCIL COMMITTEE—(PRHS&PSC) July 14 , 2020
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: DIANE C. SHINES,CIVILIAN OPERATIONS MANAGER DEPT: POLICE
Attachments:
1. PRHS &PS Staff Memo
2. JAG 2019 Grant Award
3. FY19 JAG Contract MOU
4. 2019 JAG MOU w/three declining agencies
5. 2019 Project Narrative
6. JAG 2019 Budget Worksheet
Options Considered:
1. Accept the FY 2019 JAG Grant
2. Reject the FY 2019 JAG Grant
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: 7 _ t a 17 DIRECTOR APPROVAL:
CO itte Cuun tZ
InitiaVDate InitiaVDate
COMMITTEE RECOMMENDATION: I move to forward the FY 2019 JAG Grant to the July 21, 2020 consent
agenda for approval.
���,rr.c-�` ��c_ �SS2.•Fc,.— '�(��ISI�rt �G..cv-SJ
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION:I move approval of the FY 2019 JAG Grant.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
C OtJNCfLACTIO �
>. APPRO V EQ ` 1 6-'V E"G' 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: June 29, 2020
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: FY 2019 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 and/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:
$44,766.
Background
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of
federal criminal justice funding to state and local jurisdictions. JAG funds support all components
of the criminal justice system. JAG funded projects may address crime through the provision of
services directly to individuals and/or communities and by improving the effectiveness and
efficiency of criminal justice systems, processes, and procedures.
The City of Seattle is identified as the Fiscal Agent,submitting the joint application to the Bureau of
Justice Assistance to request JAG program funds; and pursuant to the terms of the grant,the City of
Seattle is to distribute grant funds to the County and one or more jurisdictions.
The City of Seattle("City")is submitting its Grant Award Document and Certifications Document
for the Fiscal Year (FY) 2019 Byrne Justice Assistance Grant (JAG) Award per the guidance
provided by the Department of Justice ("DOJ"), but continues its strong objection to certain
conditions, specifically Conditions 31-41. 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). The City is a member of the
U.S. Conference of Mayors.
Acceptance of the FY 2019 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
Memorial Justice Assistance Grant(JAG)Program(42.U.S.C.3751(a.)The Edward Byri.c Memorial
Justice Assistance Grant(JAG)Program is the primary provider of federal criminal justice funding to
state and local jurisdictions.
1
Memorandum of Understanding-Contract
Edward Byrne Memorial
Justice Assistance Grant(JAG) Program
FY 2019 Local Solicitation
Executed by
City of Seattle
Department Authorized Representative:Faye Landskov
610 5thAvenue
PO Box 34986
Seattle,WA 98124-4986
and
City of Federal Way,hereinafter referred to as"Subrecipient"
JAG Grant Manager:Diane Shines
33325 8 Ave S
Federal Way,WA 98003
Page 1 CityofFederal Way 1.5#20-00582
IN WITNESS WHEREOF,the parties have executed this Agreement by having their
representatives affix their signatures below.
City of Federal Way City of Seattle
Jlf. .'I'EJ�!tell, kiayor Mark 1t. Baird,Chic!. Operating Officer
Seattle Police Department
Date r �//g
Date: .
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$672,410 in the Justice Assistance Grant
(JAG) Program for jurisdictions in King County; and
WHEREAS, 11 jurisdictions in fling County were required to apply for a JAG Program award
with a single,joint application and 9 did; 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, 2019 to request JAG
Program funds; and
WHEREAS, based on the City's successful application,the Bureau of Justice Assistance has
awarded$672,410 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:
Page 12 City of Federal Way 1.5#20-00582
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, 2022 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 Mernoriai Justice AssistaRice (;raor(JAG) Program (42 U.S.C.
3751(a.)) The JAG Program is'the.primaryprovide.t-ol federal criminal justice fundingto
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
31 - 41 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 31-41 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
2019 Justice Assistance Grant Program Award#2019-DJ-BX-0906. All federal financial
and grant management rules and regulations must be adhered to in the execution of
this contract. Exhibit Attachment A is a copy of the federal award documents.All
special conditions stated in the award documents apply to the execution of this
contract. All Subrecipients are assumed to have read,understood,and accepted the
Award as binding.
Page 13 City of Federal Way 1.5#20-00582
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 2019 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
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.
Page 4 City of Federal Way 1.5#20-00582
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 5th Avenue
PO Box 34986
Seattle,WA 98124-4986
206-733-9163
f. In addition to sending a copy of the audit,the Subrecipient must include a
corrective action plan for any audit findings and a copy of the management letter if
one was received.The Subrecipient shall include the above audit requirements in
any subcontracts.
g. The Subrecipient agrees to cooperate with any assessments,national evaluation
efforts,or information or data collection requirements,including,but not limited
to,the provision of any information required for assessment or evaluation of
activities within this agreement,and for compliance BJA reporting requirements.
h. Suspension and Debarment:The Subrecipient certifies that neither it nor its
principals are presently debarred, suspended,proposed for debarment,declared
ineligible,or voluntarily excluded from participating in transactions by any
Federal department or agency. By signing and submitting this Agreement,the
Subrecipient is providing the signed certification set out below. The certification
this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into.
If it is later determined that the Subrecipient rendered an erroneous certification,
the Federal Government and City may pursue available remedies,including
termination and/or debarment. The Subrecipient shall provide immediate written
notice to the City if at any time the Subrecipient learns that its certification was
erroneous when submitted or has become erroneous by reason of changed
circumstances.
The Subrecipient agrees by signing this Agreement that it shall not enter into any
covered transaction with a person or subcontractor who is debarred,suspended,
proposed for debarment,declared ineligible,or voluntarily excluded from
participation in this covered transaction,unless authorized in writing by the City.
The Subrecipient shall include the requirement in this section in any subcontracts.
ARTICLEIV: 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.
Page 15 City of Federal Way 1.5#20-00582
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 $44,766.
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
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 invaicintW
o Submit Documentation tor—
o _ f
Fiscal Accounts Payable_ Faye Landskov,JAG Program Manager `f
Page 16 City of Federal Way 1.5#20-00582
Seattle Police Department Seattle Police Department
610 5th Avenue 610 51h Avenue i
PO Box 34986 PO Box 34986
Seattle,WA 98124-4986 Seattle,WA 98124-4986
SPDAP@seattle.gov 206-733-9163
Article Vl. COOPERATION IN MONIT011ING HIND EVALUATION.
1. SI'l� f?e��.�nrl,5il�ilities�
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 31-41 in the Grant Award and Special Conditions documents.
2. SL11k)I;.QCJt�1E�11I �.#'S,;7f11141s]jtii]( S,
a. Subrecipient shall permit SPD to carry out monitoring and evaluation activities,
including any performance measurement system required by applicable law,
regulation,funding sources guidelines or by the terms and conditions of the
applicable Notice of Prime Award,and Subrecipient agrees to ensure,to the greatest
extent possible, the cooperation of its agents,employees and board members in
such monitoring and evaluation efforts. This provision shall survive the expiration
or termination of this Agreement.
b. Subrecipient shall cooperate fully with any reviews or audits of the activities under
this Agreement by authorized representatives of SPD,DOJ,the U.S. Government
Accountability Office or the Comptroller General of the United States and
Subrecipient agrees to ensure to the extent possible the cooperation of its agents,
employees and board members in any such reviews and audits. This provision shall
survive the expiration or termination of this Agreement.
ARTICLE VII: AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in writing
and signed by authorized representatives of the parties hereto.The parties hereto
expressly reserve the right to modify this Agreement,by mutual agreement.
Page 17 City of Federal Way 1.5 420-00582
Memorandum of Understanding
FY 2019 Edward Byrne Memorial Justice Assistance Grant
Revised 3/2020
This Memorandum of Understanding (MOU) outlines the responsibilities and protocols
for participating jurisdictions pertaining to the FY 2019 Edward Byrne Memorial Justice
Assistance Grant.
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
r City of Kent
• King County- declined
• 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 3.7% administrative fee for these services.
Pagel of 3
The allocation of funding is as follows:
Total with Subtract
INITIAL ALLOCATIONS FY19 JAG DOJ% declined% Sub-Total Admin Fee Final Totals
KING COUNTY 36,689 5.4563% 0.00% $ - $ - $ -
AUBURN CITY 33,075 4.9189% 5.59% $ 37,589 $ 1,390.79 $ 36,198
BELLEVUE CITY 14,101 2.0971% 0.00% $ - $ - $ -
BURIEN CITY 21,3291 3.1720% 0.00% $ - $ - $ -
DES MOINES CITY 11,617 1.7277% 2.06% $ 13,855 $ 512.63 $ 13,342
FEDERAL WAY CITY , 41,110 6.1138% 6.91% $ 46,486 $ 1,719.97 $ 44,766
KENT CITY 38,077 5.6628% 6,41% $ 43,125 $ 1,595.62 $ 41,529
RENTON CITY 31,333 4.6598% 5.30% $ 35,660 $ 1,319.43 $ 34,341
SEATAC CITY 14,779 2.1979% 2.58% $ 17,331 $ 641.241 $ 16,689
SEATTLE CITY 414,940 61.7094% 68.47% $ 460,391 $ - $ 468,235
TUKWILA CITY 15,360 2,2843/°
° 2.67% $ 17,974 $ 665,041 $ 17,309
Total: $ 672,410 100.0000% $ 672,410 $ 7,844.711 $ 672,410
V. Project Allocations and Reporting
Participating jurisdictions are responsible for identifying their own projects for funding,
and for providing project information to the identified fiscal agent, the City of Seattle, for
purposes of submitting one joint application on behalf of all participating jurisdictions.
Upon receipt of award documents, and prior to expense of funds pertaining to the JAG
Program, the fiscal agent will enter into Interagency Agreements with all participating
jurisdictions.
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 2019 Edward Byrne Memorial Justice Assistance Grant
Signature Page
Jurisdiction:
Signature: /��,•�
Name &Title 1 rVa !
Date:
Must be signed by Mayor,City Administrator or Executive
Page 3 of 3
Agency: Federal Way Police Department
Contact Name: Diane Shines Contact Phone: 253 835-6854
Diane.Shines@cityoffederalway.com
FY2019 Special Conditions — see solicitation pages 10 (Required
CEO certification), 21 #13 Appendix C required answers to
em ire^+ir%r%e- -Nr%A h1 1)!2
LJUCJIIUI IJ C31 IU Nage LJ
FY 2019 JAG Purpose Areas
Permissible uses of JAG Funds—In general
In general, JAG funds awarded to a unit of local government under this FY 2019 solicitation may
be used to provide additional personnel, equipment, supplies, contractual support, training,
technical assistance, and information systems for criminal justice, including 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 2019 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 2019 JAG award to join
us in addressing these challenges:
• Reducing Gun Violence
• National Incident-Based Reporting System (NIBRS)
• Officer Safety and Wellness
•BorderSecuriti,
*Collaborative Prosecution
Evidence-Based Programs or Practices
OJP strongly emphasizes the use of data and evidence in policy making, program development,
1
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: Project Cost: $44,766
1) Tasers 1) $19,339
2) Rifle Upper Replacement 2) $19,250
3) SECTOR Equipment and Supplies—(Printers, 3) $6,177
Batteries,Wands, Paper)
3.7%Admin Fee (Seattle PD) $1,720
Total Allocation: $46,486
Project Description:
1) The Federal Way Police Department deploys one Taser per commissioned officer. The
Taser is an essential de-escalation tool used to effect non-lethal resolution to physical
confrontations that Officers encounter on a daily basis. There are no replacement funds
for this equipment in the primary budget.
2) All uniformed commissioned officers are required to carry a long gun in their marked police
vehicle while on duty. The Federal Way Police Department currently has many rifle uppers
that are 15 years old with many failing parts that cannot be repaired. These rifle uppers
are creating reliability and safety issues with the uniformed officers during training and real
world applications. The cost associated with the replacement of necessary parts has to
come from an already taxed equipment line item and will have a negative impact on the
budget of other essential service related items.
3) The Federal Way Police Department utilizes SECTOR, an automated collision and traffic
reporting device used by Officers. The purchase of equipment and supplies will ensure
peak performance and readiness of SECTOR devices when Officer deploy in the field.
Goals, Objectives,and Deliverables- In general,the FY 2019 JAG Program is designed to provide additional
personnel, equipment, supplies, contractual support, training, technical assistance, and information
systems for criminal justice.The JAG Local Program is designed to assist units of local government with
respect to criminal justice:
1) Objective is to maintain a serviceable resource of Tasers for commissioned Officers to
utilize while in the performance of their duties. The Taser has proven to be an effective
tool in non-lethal use of force.The outcomes will continue to be achieved and the agency
will have the opportunity to deploy the highest level of technology.
2) Objective is to maintain a reliable and serviceable long gun for commissioned Officers to
utilize while in the performance of their duties.
3) Automated mobile devices have become a common component in collision and traffic
citation reporting; deliverables include increased accuracy of real-time traffic related
incidents and reporting into regional databases systems.
2
Statement of the Problem - Identify the unit of local government's strategy/funding priorities for
the FY 2019 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.
1) The costs associated with the replacement of these necessary non-lethal law enforcement
tools will have to come from an already taxed equipment line item and have a negative
impact on the budget of other essential service related items or functions.
2) There is currently no funding source for the replacement of rifle uppers. Replacement of
the failing rifle uppers is needed to maintain a functional and reliable patrol rifle for
commissioned Officers to utilize in the performance of their duties.
3) To maintain optimal performance and readiness of SECTOR devices, it is necessary that
additional equipment and power supplies are available to Officers deployed out in the
field.
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:
1) The Taser has proven to be an effective non-lethal tool protecting Officers and more
importantly causing less injury than traditional hands-on methods. The Taser continues to
evolve and improve and the department continues to explore all opportunities to identify
and utilized funds available to purchase needed equipment.
2) The long gun (patrol rifle) has proven to be an efficient and effective weapon for
commissioned Officers to utilize in the performance of their duties. The Federal Way
Police Department continues to explore opportunities to identify and utilize funds available
for the purchase of replacement parts for the patrol rifle.
3) The Federal Way Police Department is exploring and will continue to explore all
opportunities to find and utilize funds available to purchase needed SECTOR equipment.
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
3
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.
1) Tasers are a standard department issue to all commissioned staff, and mandatory training
is conducted annually. During normal officer inspection the equipment will be audited for
readiness. By policy, all uses of force are documented and reviewed through the office of
professional standards. This ensures that the Taser is being properly deployed and utilized
as the objective is stated.
2) A long gun is standard department-issued equipment for uniformed police officers
assigned to a police vehicle while on-duty. The Federal Way Police Department Force
Training Unit is responsible for training, maintaining records, and auditing all approved
firearms for readiness.
3) The use of SECTOR devices are monitored by Operations and IT staff for effectiveness and
functionality. IT and Operations staff will ensure the SECTOR equipment and supplies are
being utilized and maintained appropriately.
Applicants must identify between 1 and 5 Project Identifiers that would be associated with
proposed project activities.
• Less than Lethal
® Equipment—Tactical
• 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
4
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.
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.
5
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.
Please use table below for any pending applications:
Federal or State Funding Solicitation Name/Project Name/Phone/E-mail for
Agency_ Name Point of Contact at
Funding Agency
None
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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 2019 Byrne JAG Award#2019-DJ-BX-0906
Dear Ms.Sullivan,
The City of Seattle ("City") is submitting its Grant Award Document and Certifications Document for the
FY 2019 Byrne Justice Assistance Grant("JAG")Award.
The City continues to maintain its strong objection to certain conditions,specifically Conditions 31-41,
inclusive, in the Grant Award and Special Conditions document.Although the City has not modified or
crossed out Special Conditions 31-41, 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 an acceptance of Special Conditions
31-41 in the Grant Award and Special Conditions documents.In addition,the City interprets the term
"applicable federal laws"in 34 U.S.C.§10153(a)(5)(D)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 Michelle.Chen@Seattlegav 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 1206-684-4000 1 seattle.gov/mayor
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Edward Byrne Justice Assistance Grant Program FY 2019 Local Solicitation
Certifications and Assurances by the Chief Executive of the Applicant Government
On behalf of the applicant unit of local government named below, in support of that locality's application for an award
under the FY 2019 Edward Byrne Justice Assistance Grant("JAG') Program, and further to 34 U.S.C. § 10153(a), I
certify to the Office of Justice Programs ("OJP"), U.S. Department of Justice("USDOJ"), that all of the following are
true and correct:
1. 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 as chief executive and on behalf of the applicant unit of local
government. I understand that these representations will be re ied 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 o°local government(e.g., city council or county commission), or to an
organization designated by that governing body, not less than 30 days before the date of this certification,
4. 1 assure that, before the date of this certification—(a) the application described above (and any amendment to
that application) was made public; and (b) an opportunity to comment on that application (or amendment)was
provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or
established procedure made such an opportunity available.
5. 1 assure that, for each fiscal year of the award (if any)that OJP makes based on the application described
above, the applicant unit of local government will maintain and report such data, records, and information
(programmatic and financial), as OJP may reasonably require.
6. 1 have carefully reviewed 34 U.S.C. § 10153(a)(5), and,with respect to the programs to be funded by the
award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified
therein.
Signit, a of Chief Wx utive of the Applicant Unit of Date of Certification
Local_ overnmen`
fENAI KA/ j
Printed Name of Chief Executive Title of Chief Executive
C»y or SLAtT_L=
Name of Applicant Unit of Local Government
Rev.March 6,2019
U.S:Department of Justice
Office of Justice Programs
Office of the Assistant Attorney General Washington,D.C.20531
September 18,2019
The Honorable Jenny Durkan
City ofSeattle
700 Fifth Avenue
Suite 5800
Seattle,WA 98124
Dear Mayor Durkan:
On behalf of Attomey 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 19 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-
Local Solicitation in the amount of$672,410 for City ofSeattle.
Enclosed you will find the Grant Award and Special Conditions documents.This award is subject to all administrative and
financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim
audit findings,and the maintenance of a minimum level of cash-on-hand.Should you not adhere to these requirements,you
will be in violation ofthe terms ofthis agreement and the award will be subject to lermination for cause or other administrative
action as appropriate.
lfyou have questions regarding this award,please contact:
Program Questions,Jeffery Felten-Grccn,Program Manager at(202)514-8874;and
-Financial Questions,the Office ofthe Chief Financial Officer,Customer Service Center(CSC)at
t$ruY,}-t;x-ii7ltb,ar}s�ts may uInlacC tl� C_5('-;Ga;of
Congratulations,and we look forward to working with you.
rSincerely,
Katharine"f.Sullivan
Principal Deputy Assistant Attorney General
Enclosures
"Acceptance of FY 2019 JAG awards by U.S Conference of Mayors members(as designated in Evanston v.Barr)shall not
br construed as acceptanta of S,csc al 0czArms 31 through 41 thereof.Nit,given iho iAiundiwt,currerdly in off"'t,or,the
litigation,against inclusion of those conditions in FY 2019 JAG awards,shall Specei Conditions 31-41 be enforced against
the krvp to g jurisdiction s while that ruling is in effect
Initial
U.S.Department of Justice
Office of Justice Programs
i
Office of Civil Rights
Washington,DC20531
September 18,2019
The Honorable Jenny Durkan
City of Seattle
700 Fifth Avenue
Suite 5800
Seattle,WA 98124
Dear Mayor Durkan:
Congratulations on your recent award Thu Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of
Justice(DOJ)has been delegarcd the r c:;pknt:;al�:lity Jou Insuring that recipients of fuderal fmancial assistance from Ile OJR the
Office of Community Oriented Policing Services(COPS),and the Office on Violence Against Women{OVW)are not engaged in
discrimination prohibited by law.Several federal civil rights laws,such as Title VI of the 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 of receiving federal financial assistance_For a complete review of these civil rights laws and
nondiscrimination requirements,in connection with OJP and other DOJ awards,see
https://ojp.gov/funding/Exptore/LegalOverview/CivilRightsRequirements.htm
1 rldgLr liv Jklegation ofitiutno.-Io'. the OCR'1:• skigale :;Ili:',:11, u I tPi::fflnu'Kit i In a.aura r k)I(!ut,[rrun tnJ ,:lIViIIt s•catdic�,or
OCR t,f'llll3tl fill ailditwn.fh� CR :m luct lw-.i_d !ompliancc t., i
I •. > . l.�r-lw, a;:d,s
. l rel irfat•ra -.ri k`ri.i .t jn:.l.:odits
l'll:Filnl the uL'ti til,;.v'3.,1�1ti:�5'7l:Ill.:(IC'�!l�`:tel?1'•,rr telranclal:=:"..i'�.•:i:l:: ii•':1 L]E'l]i iF.:rlr4l Gli;:j I'z;iir:lvlliilly'`:vrvlc i t[i a MAI-
discriminatory manner to 1CC rk;unnc%norhave �lidards.
Ifyou are a recipient of grant awarr• l,-:r the Omnibus Crime Contt 'I.Ind 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(ESOPs);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 OJP 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
Initial
U.S.Department ofJustice
Office of Justice Programs
Bureau of Justice Assistance Grant PAGE 1 OF 30
1 RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2019-DJ-BX-0906
City of Seattle
700 Fifth Avenue Suitc5800 5.PROJECT PERIOD:FROM 10/01/2018 TO 09/30/2022
Seattle,WA98124
BUDGET PERIOD:FROM 10/01/2018 TO 09/30/2022
6 AWARD DATE 09/18/2019 7 ACTION
2a.GRANTEE 1RS/VENDORNO8.SUPPLEMENT NUMBER Initial
916001303 00
2b.GRANTEE DUNS NO.
790597814 9.PREVIOUS AWARD AMOUNT s0
3.PROJECTTITLE 10.AMOUNT OF THIS AWARD $672,410
FY 2019 JAG Program
11.TOTAL AWARD $672,410
12.SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SI3]'I+ORTH
ON TH E ATTACHED PAGE(S)-
13.STATUTORY AUTHORITY FOR GRANT
This p1q.ei is supponcd tinder FY 19(BJA-JAGS State and JAG l.ocal)'ritle I ofilub.L.No.90-351(generally codified at 34 U.S.0 10151-10726),including
aubpari 1 ,!t—rt f:° `il'iedm 34 U-S C.10 15 1-10158);see also 28 U S.C.53UC(a)
14 CATALLn,OF t si ittESTiC FEDERAL ASSISTANCE(CI-DA i,:w ",
16 738-Edward Byme Memorial Justice Assistance Grant Program
15.METHOD OF PAYMENT
GPRS
AGENCYAPPROVAL GRANTEE ACCEPTANCE
16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Kalharine T.Sullivan JennARCO
Durkan
Principal Deputy Assistant Attorney General Mal
rk
17.616 ATUREOFAPPROVINGOFFICIAL 19.SIG110RIIIA)RECIPIENT OFFICIAL 19A.DATE
AGENCY USEONLY
20.ACCOUNTING CLASSIFICATION COUPS 21, UDJUGT0844
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC REG. SUB. POMS AMOUNT
X B DJ 80 00 00 672410
OJP FORM 4000/2(REV.5-87)PREVIOUS mrrioNS ARE OBSOLETE.
'Acceptance of FY 2019 JAG awards by U.S Conference of Mayors members(as designated in Evanston v.Barr)shall not be
construed as acceptance of Special Conditlnns 31 through 41 thereof.Nor,given the injunction,currently in effect,in the litigation,
OJP FORM 4000/2(REV.4-88) against inclusion of those coodRions in FY 2019 JAG awards,shall Special Conditions 31-41 be enforced against the foregoing
osdM.#am wN4 that rugag is in oW,*.
tial
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
E Bureau of Justice Assistance SHEET PAGE 2 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0906 AWARD DATE 09/1812019
SPECIAL CONDITIONS
I. Requirements of the award;remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award.Compliance with any assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.By signing and accepting this award on behalf of the recipient,the authorized recipient
official accepts all material requirements ofthe award,and specifically adopts all such assurances or certifications as
if personally executed by the authorized recipient official.
Failure to comply with any one or more of these award requirements--whether a condition set out in full below,a
condition incorporated by reference below,or an assurance or certification related to conduct during the award period
may result in the Office of Justice Programs("OJP")taking appropriate action with respect to the recipient and the
award.Among other things,the OJP may withhold award fiends,disallow costs,or suspend or terminate the award.
The U.S.Department of Justice("DOJ"),including OJP,also may take other legal action as appropriate.
Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment
or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C.1001 and/or 1621,
and/or 34 U.S.C.10271-10273),and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise(including under 31 U.S.C.3729-3730 and3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law.Should it be
held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this
award.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted
and supplemented by DOJ in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY
2019 award from OJP_
The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014.If this FY 2019 award
supplements funds previously awarded by OJP under the sante award number(e.g.,hands awarded during or before
December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless ofthe award date,and regardless of whether derived from die initial award or a supplemental award)
that are obligated on or after the acceptance date of this FY 2019 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"),see the OJP website at https://ojp.gov/funding/Part200UniformRegUirements.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 dale 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 sonic way from,the provisions ofthe Part 200 Uniform Requirements,the
recipient is to contact OJP promptly for clarification.
"Acceptance of FY 2019 JAG awards by U.S.Conference of Mayors members(as designated in Evanston v.Barr)shall not be
construed as acceptance of Special Conditions 31 through 41 thereof.Nor,given the injunction,currently in effect,in the litigation,
againl inclusion offtsee conditions in FY 2019 JAG awards,shall Special Conditions 31-41 be enforced against the foregoing
lutiadictions while that tiding is in effect.
OJP FORM 4000/2(REV 4-88)
Initial
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 3 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0906 AWARD DATE 09/1W019
SPECIAL CONDITIONS
3. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently,the"DOJ Grants Financial Guide"available at https://ojp.gov/financiaiguide/DOJ/index.httn),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 ofthe United States Code
On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially
reclassified(that is,moved and renumbered)to a new Title 34,entitled"Crime Control and Law Enforcement."The
reclassification encompassed a number of statutory provisions pertinent to OJP awards(that is,OJP grants and
cooperative agreements),including many provisions previously codified in Title 42 ofthe 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 ofthe U.S.Code is to be read as a reference to that statutory provision as reclassified to
Title 34.This rule of construction specifically includes references set out in award conditions,references set out in
material incorporated by reference through award conditions,and references set out in other award requirements.
5. Required training for Point of Contact and all Financial Points 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 1,2017,will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period ofperformance,the new POC or
FPOC must have successfully completed an"OJP financial management and grant administration training"by 120
calendar days after--(1)the date of OJP's approval ofthe"Change Grantee Contact"GAN(in the case of a new
POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC).Successftd
completion ofsuch a training on or after January 1,2017,will satisfy this condition.
A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for
agmpscs orihis condition is availpblc as Itl[ps fhvtivw.nilm.gnvltrainin frmmtc,htnm.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 ifthe 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 rostrate
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.200.4140,and that elects to use the"de minimis"indirect cost rate,must advise
OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200
Uniform Requirements.The"de minimis"rate may be applied only to modified total direct costs(MTDC)as defined
by the Part 200 Uniform Requirements.
ON FORM 4000/2(REV 4-88)
I itla�
U.S.Department ofJustice
Office of Justice Programs AWARD CONTINUATION
ti Bureau of Justice Assistance SHEET PAGE 4 OF 30
Grant
PROJECTNUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
7_ Requirement to report potentially duplicative finding
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[his 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.Ifso,the recipient must promptly notify the
DOJ awarding agency(OJP or OVW,as appropriate)in writing of-the potential duplication,and,if so requested by
the DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice
(GAN)to eliminate any inappropriate duplication offending.
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),
para rttly gccepiible,1Yt htttts:lhwvwsnm gni This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients
(first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the
recipient)the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp.gov/funding/ExplorelSAM.him(Award condition:System for Award Management(SAM)and Universal
Identifier Requirements),and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to
any business or non-profit organization that he or she may own or operate in his or hername).
OJP FORM 4000/2(REV,4-88)
nitiai
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE s OF 30
Grant
PROJECTNUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
9. Employment eligibility verification for hiring under the award
1.The recipient(and any subrecipient at any tier)must--
A.Ensure that,as part of the hiring process for any position within the United States that is or will be funded(inwhole
or in part)with award funds,the recipient(or any subrecipient)properly verifies the employment eligibility of the
individual who is being hired,consistent with the provisions of 8 U.S.C.1324a(a)(1)and(2).
B.Notify all persons associated with the recipient(or any subrecipient)who are or will be involved in activities under
this award ofboth--
(1)this award requirement for verification of employment eligibility,and
(2)the associated provisions in 8 U.S.C. 1324a(a)(1)and(2)that,generally speaking,make it unlawful,in the United
States,to hire(or recruit for employment)certain aliens.
C.Provide training(to the extent necessary)to those persons required by this condition to be notified of the award
requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1)and(2).
D.As part ofthe recordkeeping for the award(including pursuant to the Part 200 Uniform Requirements),maintain
records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with
Form 1-9 record retention requirements,as well as records of all pertinent notifications and trainings.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition.
4.Rules ofc:onstruction
A.Staffinvolved in the hiring process
For purposes of this condition,persons"who are or will be involved in activities under this award"specifically includes
(without limitation)any and all recipient(or any subrecipient)officials or other staffwho are or will be involved in the
hiring process with respect to a position that is or will be funded(in whole or in part)with award funds.
B.Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,the
recipient(or any subrecipient)may choose to participate in,and use,F-Verify(www.e-verify.gev),provided an
appropriate person authorized to act on behalf of the recipient(or subrecipient)uses 8-Verify(and follows the proper
E-Verify proccdurm including in the event of a"Tentative Nonconfirmation"or a"Final Nonconfirtnation")to
confirm employment eligibility for each hiring for a position in the United Statrs that is or will be timded(in whole or
in part)with award funds.
C."United States"specifically includes the District of Columbia,Puerto Rico,Guam,the Virgin Islands of the United
States,and the Commonwealth of the Northern Mariana Islands.
D.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or
1
ON FORM 4000/2(REV.4-88)
v
Initial
U.S.Department ofJustice
Office of Justice Programs AWARD CONTINUATION
'. Bureau of Justice Assistance SHEET PAGE 6 OF 30
Grant
PROJECTNUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law_
E.Nothing in this condition,including in paragraph 43.,shall be understood to relieve any recipient,any subrecipient
at any tier,or any person or other entity,of any,obligation otherwise imposed by law,including 8 U.S.C.1324a(a)(1)
and(2).
Questions about E-Verify should be directed to DHS.For more information about E-Verify visit the E-Verify
rewhsitc Ltlp4:`%«�cn 1-�urif .�c v' or email E-Verify at F-Veri-F�rrridhs.gay.E-Verify employer agents can email E-
Verifyatl_Vewil mptot_c{Auer) __ s vv.
Questions about the meaning or scope of this condition should be directed to OJP,before award acceptance.
10. Requirement to report actual or imminent breach of personally identifiable information(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(PIl)"(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.
11. All subawards("subgrants")mus/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.htm(Award condition:All subawards("subgrants")must have
specific federal authorization),and are incorporated by reference here.
12. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed$250,000
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold(currently,$250,000).`rhis 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:Hojp.gov/funding/Explore/NoncompetitiveProcurenient.htm (Award condition:Specific post-award approval
required to use a noncompetitive approach in a procurement contract (if contract would exceed$250,040)),and are
incorporated by reference here.
OJP FORM 4000/2(REV.4-88)
U.S.Department ofJustice
Office of Justice Programs AWARD CONTINUATION
} = Bureau of Justice Assistance SHEET PAGE 7 OF 30
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PROJECTNUMBER 2019-DJ-BX4M6 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
13. Unreasonable restrictions on competition under the award;association with federal government
SCOPE.This condition applies with respect to any procurement of property or services that is funded(in whole or in
part)by this award,whether by the recipient or by any subrecipient at any tier,and regardless of the dollar amount of
the purchase or acquisition,the method ofprocurement,or the nature of any legal instrument used.The provisions of
this condition must be among those included in any subaward(at any tier).
1.No discrimination,in procurement transactions,against associates of the federal government
Consistent with the(DOJ)Part 200 Uniform Requirements--including as set out at 2 C.F.R.200.300(requiring
awards to be"manage[d]and administer[ed]in a manner so as to ensure that Federal funding is expended and
associated programs are implemented in full accordance with U.S,statutory and public policy requirements")and
200,319(a)(generally requiring"[a]]I procurement transactions[to]be conducted in a manner providing full and open
competition"and forbidding practices"restrictive of competition,"such as"[p]lacing unreasonable requirements on
firms in order for them to qualify to do business"and taking"[a]ny arbitrary action in the procurement process")--no
recipient(or subrecipient,at any tier)may(in any procurement transaction)discriminate against any person or entity on
the basis of such person or entity's status as an"associate of the federal government"(or on the basis of such person or
entity's status as a parent,affiliate,or subsidiary of such an associate),except as expressly set out in 2 C.F.R.
200.319(a)or as specifically authorized by USDOJ.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated forthe
reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition.
4.Rules ofconstruction
A.The term"associate of the federal government"means any person or entity engaged or employed(in the past or at
present)by or on behalf of the federal goventment--as an employee,alnttaalor or Subcontractor(at any tier),grant
recipient or-subrecipient(at any tier),agent,or otherwise—in undertaking any work,prnjc,;t,or activity for or on
behalf of(or in providing goods or services to or on behalf of)the federal government,and Includes any applicant for
such employment or engagement,and any person or entity committed by legal instrument to undertake any such work,
project,or activity(or to provide such goods or services)in future.
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or
any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law.
OJP FORM 4000/2(REVA-88)
Initial
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
0 Bureau of Justice Assistance SHEET PAGE 8 OF 30
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PROJECT NUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDI7%ONS
14. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and
OJP authority to terminate award)
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including
requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the
part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
ON web site at https:/Iojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm(Award condition:Prohibited
conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and ON
authority to terminate award)),and are incorporated by reference here.
15. Determination of suitability to interact with participating minors
SCOPE.This condition applies to this award if it is indicated--in the application for the award(as approved by
DOJ)(or in the application for any subaward,at any tier),the DOJ funding announcement(solicitation),or an
associated federal statute--that a purpose of some or all of the activities to be carried out under the award(whether
by the recipient,or a subrecipient at any tier)is to benefit a set of individuals under 18 years ofage.
The recipient,and any subrecipient at any tier,must make determinations of suitability before certain individuals may
interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site atbttps://ojp.gov/funding/Explore/Interact-Minors.htm
(Award condition:Determination of suitability required,in advance,for certain individuals who may interact with
participating minors),and are incorporated by reference here.
16. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and
other events
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations,
policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where
applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"DOJ Grants Financial Guide").
17. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this
award. The data must be provided to OJP in the manner(including within the timeframes)specified by ON in the
program solicitation or other applicable written guidance.Data collection supports compliance with the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws.
18. ON Training Guiding Principles
Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier—develops or
delivers with ON award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available athttps:Hojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Sttbgrantees.htm.
ON FORM 4000/2(REV.4-88)
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SPECIAL CONDITIONS
19. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold
award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits,
investigations,or reviews of DOJ awards,
20. Potential imposition ofadditional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high-
risk"for purposes of the DOJ high-risk grantee list.
21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part42
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of28
C.F.R Pari 42,specifically including any applicable requirements in Subpart E of28 C.F.R.Part 42 that relate to an
equal employment opportunity program.
22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 54
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of28
C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs."
23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of28
C.F.R.Part 38(as may be applicable from time to time),specifically including any applicable requirements regarding
written notice to program beneficiaries and prospective program beneficiaries.
Currently,among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the
basis ofreligion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious
practice.Part 38,currently,also sets out rules and requirements that pertain to recipient and subrecipient
("subgrantee")organizations that engage in or conduct explicitly religious activities,as well as rules andrequirements
that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of28 C.F.R_Part 38 is available via the Electronic Code of Federal Regulatiuns(currently accessible at
htlnsr.IHv�nv.ct fr.gnvlcgi-hirul Q,R");wg hro+vti 1s by browsing to Title 28-Judicial Administration,Chapter 1,Part
38,under e-CFR"current"data.
OJP FORM 4000/2(REV.4-98)
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Office of Justice Programs AWARD CONTINUATION
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PROJECT NUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
11 SPECIAL CONDITIONS
f 24. Restrictions on"lobbying
In general,as a matter of federal law,federal funds awarded by OJP may not be used by the recipient,or any
subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal,
modification,or adoption of any law,regulation,or policy,at any level of government.See 18 U.S.C. 1913.(There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred bylaw.)
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.
25. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2019)
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes.Pertinent restrictions,including from various"general
provisions"in the Consolidated Appropriations Act,2019,are set out at
https:/Iojp.gov/funding/Gxplore/FY19AppropriationsRestrictions.htm,and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would 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.
26. Reporting potential fraud,waste,and abuse,and similar misconduct
The recipient and any subrecipients("subgrantees")must promptly refer to the DOJ Office of the Inspector General
(OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other
person has,in connection with funds under this award--(1)submitted a claim that violates the False Claims Act;or
(2) committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or
similar misconduct.
Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the
OIG by--(1)online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm
(select"Submit Report Online");(2)mail directed to:Office of the Inspector General,U.S.Department of Justice,
Investigations Division,1425 New York Avenue,N.W.Suite 7100,Washington,DC 20530;and/or(3)by facsimile
directed to the DOJ OIG Fraud Detection Office(Atte: Grantee Reporting)at(202)616-9881(fax).
Additional information is available from the DOJ OIG website athttps://oig.justice.gov/hottine.
OJP FORM 4000/2(REV.4-88) I f11 till l
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SPECIAL CONDITIONS
27. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or
subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in
accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended,and shall not be understood by the agency making this award,to contravene
requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to
sensitive compartmented information),or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award,therecipient--
a.rcpresents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or
contractors from reporting waste,fraud,or abuse as described above;and
b.certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,
or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt
written notification to the federal agency making this award,and will resume(or permit resumption of)such
obligations only if expressly authorized to do so by that agency.
2.1f the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or
both--
a. it represents that--
(1)it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,
fraud,or abuse as described above;and
(2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and
b.it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will
immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to
the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly
authorized to do so by that agency.
OJP FORM 4000/2(REV-4-88)
Initial
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
', = Bureau of Justice Assistance SHEET PAGE 12 of 30
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PROJECTNUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
28. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees)
The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of41
U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a
gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public
health or safety,or a violation of law,rule,or regulation related to a federal grant.
The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of
employee rights and remedies under 41 U.S.C.4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to
contact the DOJ awarding agency(OJP or OVW,as appropriate)for guidance.
29. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg.
51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease
crashes caused by distracted drivers.
30. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ
If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time
during the course of the period of performance under this award,the recipient must disclose that fact and certain
related information tp O]P by email at()JP•OompliatsccRcportingra�)jp:usdoi.gov. For purposes of this disclosure,
high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance,or other programmatic or financial conceme with the recipient.The recipient`s disclosure must include
the following: 1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient
was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and
email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency.
OJP FORM 4000/2(REV.4-88)
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! Bureau of Justice Assistance SHEET PAGE 13 OF 30
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PROJECT NUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS _
r
31. 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 Initial
activity of any subrecipient at any tier),throughout the period of performance,no State or local government entity,-
agency,or-official may prohibit or in any way restrict--(1)any government entity or-official from sending or
receiving information regarding citizenship or immigration status as described in 8 U.S.C.1373(a);or(2)a government
entity or-agency from sending,requesting or receiving,maintaining,or exchanging information regarding immigration
status as described in either 8 U.S.C.1373(b)or 1644.Any prohibition(or restriction)that violates this condition is an
"information-communication restriction"under this award.
2.The recipient's monitoring responsibilities include monitoring ofsubrecipient compliance with the requirements of
this condition.
3.Allowable costs.Compliance with these requirements is an authorized and priority purpose of this award.To the
extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a
local government,or a public institution ofhigher education,incurs to implement this condition.
4.Rules ofConstruction
A.For purposes of this condition:
(1)"State"and"local government"include any agency or other entity thereof,but not any institution ofhigher
education or any Indiantrlbe.
(2)A"public"institution ofhigher 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 ofthe Civil Rights Act of 1964(see 42 U.S.C.2000d-4a).
(4)"Immigration status"means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644;and terms that are defined in 8
U.S.C.1101 mean what they mean under that section 1101,except that"State"also includes American Samoa.
(5)Pursuant to the provisions set out at(or referenced in)8 U.S.C.1551 note("Abolition...and Transfer of
Functions"),references to the"Immigration and Naturalization Service"in 8 U.S.C. 1373 and 1644 are to be read as
references to particular components of the Department of Homeland Security(DHS).
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,any public institution of higher education,or any other entity(or individual)to violate any
federal law,including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE:Any questions about the meaning or scope of this condition should be directed to OJP,before
award acceptance.
"Acceptance of FY 2019 JAG awards by U.S.Conference of Mayors members(as designated in Evanston v.Ban)shall not be
construed as acceptance of Special Conditions 31 through 41 thereof Nor,given the injunction,currently in effect,in the litigation,
against inclusion of those conditions in FY 2019 JAG awards,shall Special Conditions 31-41 be enforced against the foregoing
jurisdictions while that ruling is in effect.
OJP FORM 4000/2(REV,4-88)
Initia
U.S.Department of.lustice
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PROJECTNUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
32. No use of funds to interfere with federal law enforcement:8 U.S.C.1373 and 1644;ongoing compliance J)
1.Throughout the period ofperformance,no State or local government entity,-agency,or-official may use funds
under this award(including under any subaward,at any tier)to prohibit or in any way restrict--(1)any government Initial
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. 13 73(b)or 1644.Any prohibition
(or restriction)that violates this condition is an"information-communication restriction"under this award.
2.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
3.Allowable costs.Compliance with these requirements is an authorized and priority purpose ofthis award.Tothe
extent that such costs are not reimbursed under any other federal program,award fiords may be obligated for the
reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a
local government,or a public institution of higher education,incurs to implement this condition.
4.Rules of Construction.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference
(within the funded"program or activity")with federal law enforcement: 8 U.S.C. 1373 and 1644;ongoing compliance"
condition are incorporated by reference as though set forth here in full.
I
i
`Acceptance of FY 2019 JAG awards by U.S.Conference of Mayors members(as designated in Evanston v.Barr)shall not be
construed as acceptance of Special Conditions 31 through 41 thereof.Nor,given the injunction,currently in effect,in the litigation,
against inclusion of those conditions in FY 2019 JAG awards,shall Special Conditions 3141 be enforced against the foregoing
jurisdictions while that ruling is in effect.
OJP FORM 4000/2(REV.4-88)
Initial
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Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 15 OF 30
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PROJECTNUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
33. Authority to obligate award funds contingent on noninterference(within the funded"program or activity")with federal
law enforcement:8 U.S.C. 1373 and 1644;unallowable costs;notification
1.Ifthe recipient is a"State,"a local government,or a"public"institution of higher education: Initial
A.The recipient may not obligate award funds if,at the time ofthe obligation,the"program or activity"ofthe recipient
(or of any subrecipient at any tier that is a State,a local government,or a public institution ofhigher education)that is
funded in whole or in part with award funds is subject to any"information-communication restriction."
B.ln 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 ofthe recipient(or ofany subrecipient
at any tier that is a State,a local government,or a public institution ofhigher education)that would be reimbursed in
whole or in part with award funds was subject to any inlonnation-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 oftier)that is a State,local government,or public institution ofhigher education,is in compliance with the
award condition entitled"Noninterference(within the funded'program or activity')with federal law enforcement:8
U.S.C. 1373 and 1644;ongoing compliance."
D.The recipient must promptly notify OJP(in writing)ifthe recipient,from its requisite monitoring ofcompliance
with award conditions or otherwise,has credible evidence that indicates that the funded program or activity ofthe
recipient,or of any subrecipient at any tier that is either a State or a local government 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 the entity that made the subaward,should the subrecipient have such credible evidence regarding an
information-communication restriction.
2.Any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution ofhigher
education must provide that the subrecipient may not obligate award funds if,at the time ofthe obligation,theprogram
or activity ofthe subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with
award funds is subject to any information-communication restriction.
3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling
circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award
funds that,under this condition,may not be made shall be unallowable costs for purposes of this award.In making any
such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipicnt compliance with the requirements set out in the"Noninterference...8 U.S.C. 1373 and
1644;ongoing compliance"award condition.
4.Rules ofConstruction
A.For purposes of this condition"information-communication restriction"has the meaning set out inthe
"Noninterference...8 U.S.C.1373 and 1644;ongoing compliance"condition.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference...8 U.S.C. 1373 and
1644;ongoing compliance"condition are incorporated by reference as though set forth here in full.
"Acceptance of FY 2019 JAG awards by U.S Conference of Mayors members(as designated in Evanston v.Ban)shall not be
construed as acceptance of Special Conditions 31 through 41 thereof.Nor,given the injunction,currently in effect in the litigation,
against inclusion of those conditions in FY 2019 JAG awards,shall Special Conditions 31-41 be enforced against the foregoing
jurisdictions while that ruling is in effect.
OJP FORM 4000/2(REV.4-88)
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19 Bureau of Justice Assistance SHEET PAGE 16 OF 30
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id
SPECIAL CONDITIONS
34. Authority to obligate award funds contingent on no use of fiords to interfere with federal law enforcement:8 U.S.C.
1373 and 1644;unallowable costs;notification -`--
Initiaa l
1.If the recipient is a"State,"a local government,or a"public"institution ofhigher education:
A.The recipient may not obligate award funds if,at the time ofthe obligation,the"program or activity"ofthe recipient
(or of any subrecipient at any tier that is a State,a local government,or a public institution ofhigher education)that is
funded in whole or in part with award funds is subject to any"information-communication restriction."
13.1n 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 ofthe recipient(or of any subrecipient
at any tier that is a State,a local government,or a public institution of higher education)that would be reimbursed in
whole or in part with award funds was subject to any information-communication restriction.
C.Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation
by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and each subrecipient
(regardless oftier)that is a State,local government,or public institution of higher education,is in compliance with the
award condition entitled"No use of funds to interfere with federal law enforcement:8 U.S.C. 1373 and 1644;ongoing
compliance."
D.The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance
with award conditions or otherwise,has credible evidence that indicates that the funded program or activity ofthe
recipient,or of any subrecipient at any tier that is either a State or a local government 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 the entity that made the subaward,should the subrecipient have such credible evidence regarding an
information-communication restriction.
2.Any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution ofhigher
education must provide that the subrecipient may not obligate award fiords if,at the time ofthe obligation,the program
or activity ofthe subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with
award funds is subject to any information-communication restriction.
3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling
circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award
funds that,under this condition,may not be made shal l be unallowable costs for purposes of this award.In making any
such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the"No use of funds to interfere... 8 U.S.C.
1373 and 1644;ongoing compliance"award condition.
4.Rules of Construction.The"Rules of Construction"set out in the"Authority to obligate award funds contingent on
noninterference(within the fielded"program or activity")with federal law enforcement:8 U.S.C. 1373 and 1644;
unallowable costs;notification"condition are incorporated by reference as though set forth here in full.
"Acceptance of FY 2019 JAG awards by U.S.Conference of Mayors members(as designated in Evanston v.Barr)shall not be construed as
acceptance of Special Conditions 31 through 41 thereof.Nor,given the injunction,currently in effect,in the litigation,against inclusion of those
conditions in FY 2019 JAG awards,shall Special Conditions 31.41 be enforced against the foregoing jurisdictions while that ruling is in effect.
ON FORM 4000/2(REV 4-88)
fl iS loll
U.S.Department o0ustice
Office of Justice Programs AWARD CONTINUATION
0 Bureau of Justice Assistance SHEET PAGE 17 OF 30
Grant
PROJECTNUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPEC/AL CONDITIONS
35. Noninterference(within the funded"program or activity")with federal law enforcement:No public disclosure of
certain law enforcement sensitive information
pnitial
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 casts 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--
(I)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see 8 U.S.C.
1101(a)(3));
(2)the term"federal law enforcement information"means law enforcement sensitive information communicated or
made available,by the federal government,to a State or local government entity,-agency,or-official,through any
means,including,without limitation--(l)through any database,(2)in connection with any law enforcement
partnership or-task-force,(3)in connection with any request for law enforcement assistance or-cooperation,or(4)
through any deconfliction(or courtesy)notice ofplanned,imminent,commencing,continuing,or impending federal
law enforcement activity;
(3)the term"law enforcement sensitive information"means records or information compiled for any law enforcement
purpose;and
(4)the term"public disclosure"means any communication or release other than one--(a)within the recipient,or(b)to
any subrecipient(at any tier)that is a government entity.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity')with federal law enforcement 8 U.S.C.1373 and 1644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
'Acceptance of FY 2019 JAG awards by U.S.Conference of Mayors members(as designated in Evanston v.Barr)shall not be construed as
acceptance of Special Conal ws 31 through 41 thereof.Nor,given the injunction,currently in effect,in the litigation,against inclusion of those
conditions in FY 2019 JAG awards,shall Special Conditions 3141 be enforced against the foregoing jurisdictions while that ruling is in effect.
OJP FORM 40002(REV.4-88)
U.S.Department ofJustice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 18 OF 30
G rant
PROJECT NUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
36. No use of funds to interfere with federal law enforcement:No public disclosure of certain law enforcement sensitive
information
SCOPE.This condition applies as of the date the recipient accepts this award,and throughout the remainder ofthe Initial
period of performance.Its provisions must be among those included in any subaward(at any tier),
l.No use of funds to interfere:No public disclosure of federal law enforcement information in order to conceal,harbor,
orshield
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 favids under this award may be used to make any public disclosure of
any federal law enforcement information in a direct or indirect attempt to conceal,harbor,or shield from detection any
fugitive from justice under 18 U.S.C.ch.49,or any alien who has come to,entered,or remains in the United States in
violation of 8 U.S.C.ch. 12--without regard to whether such disclosure would constitute(or could form a predicate
for)a violation of 18 U.S.C.1071 or 1072 or of 8 U.S.C.1324(a).
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance With this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules ofconstruction.
The"'Rules of Construction"set out in the"Noninterference(within the funded"program or activity")with federal law
enforcement:No public disclosure of certain law enforcement sensitive information"award condition are incorporated
by reference as though set forth here in full.
"Acceptance of FY 2019 JAG awards by U.S.Conference of Mayors members(as designated in Evanston v.Ban)shall not be construed as
acceptance of Special Conditions 31 through 41 thereof.Nor,given the injunction,currently in effect,in the litigation,against inclusion of
those conditions in FY 2019 JAG awards,shall Special Conditions 3141 be enforced against the fayr Pitgjurisdictions while that ruling is in
effect.
OJP FORM 4000/2(REV.4-88)
/nitiad
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
14D Bureau of Justice Assistance SHEET PACE 19 OF 30
Grant
PROJECTNUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
37. Noninterference(within the funded"program or activity")with federal law enforcement:Interrogation of certain aliens
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by this
award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance Initial
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(x),under which that power may be
exercised "anywhere in or outside the United States"--within the funded program or activity,no State or local
government entity,-agency,or-official may interfere with the exercise of that power to interrogate"without warrant"
(by agents of the United States acting under color of federal law)by impeding access to any State or local government
(or government-contracted)correctional facility by such agents for the purpose of"interrogat[ing]any alien or person
believed to be an alien as to his[or her]right to be or to remain in the United States."
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed tinder any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition,
4.Rules of construction
A,For purposes of this condition:
(1)The term"alien"means what it means under section 101 of the Immigration and Nationality Act(INA)(see 8
U.S.C.1101(a)(3)).
(2)The teim"correctional facility"means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968(see 34 U.S.C.10251(a)(7)).
(3)The term"impede"includes taking or continuing any action,or implementing or maintaining any law,policy,rule,
or practice,that—
(a)
hat(a)is designed to prevent or to significantly delay or complicate,or
(b)has the effect of preventing or of significantly 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 of FY 2019 JAG awards by U.S.Conference of Mayors members(as designated in Evanston v.Barr)shall not be construed as
acceptance of Special Conditions 31 through 41 thereof.Nor,given the injunction,currentty in effect,in the litigation,against inclusion of those
conditions in FY 2019 JAG awards,shall Special Conditions 31-41 be enforced against the foregoing jurisdictions while that ruling is in effect.
OJP FORM 4000/2(REV.4-88)
]nitial
U.S.Department ofJustice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 20 OF 30
Grant
PROJECTNUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
38. No use of funds to interfere with federal law enforcement:Interrogation of certain aliens
SCOPE.This condition applies as of the date the recipient accepts this award,and throughout the remainder ofthe
period of performance for the award.Its provisions must be among those included in any subaward(at any tier). Initial
1.No use of lands to interfere with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations--including 8 U.S.C.1357(a),under which certain federal
officers and employees"have power without warrant...to interrogate any alien or person believed to be an alien as to his
right to be or to remain in the United States,"and 8 C.F.R.287.5(x),under which that power may be exercised "anywhere in
or outside the United States"--no State or local government entity,-agency,or-official may use funds under this award to
interfere with the exercise ofthat power to interrogate"without warrant"(by agents of the United States acting under color
of federal law)by impeding access to any State or local government(or goverrunent- contracted)correctional facility by
such agents for the purpose of"interrogal[ing]any alien or person believed to be an alien as to his[or her]right to be or to
remain in the United States."
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules ofconstruction.
The "Rules of Construction" set out in the "Noninterference(within the funded"program or activity") with federal law
enforcement:Interrogation of certain aliens"award condition are incorporated by reference as though set forth here in full.
"Acceptance ofFY2019 JAG awards by U.S.Conference of Mayors members(as designated in Evanston v.Barr)shall notbe construed as
acceptance of Special Conditions 31 through 41 thereof.Nor,given the injunction,currently in effect,in the litigation,against inclusion of those
conditions in FY 2019 JAG awards,shall Special Conditions 31-41 be enforced against the fcr'cgoing jurisdictions while that ruling is in effect.
OJP FORM 400012(REV 4-88) 5/;9
Initial
U.S.Department ofJustice
Office of Justice Programs AWARD CONTINUATION
NJ Bureau
of Justice Assistance SHEET PAGE 21 OF 30
Grant
PROJECTNUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
39. Noninterference(within the funded"program or activity")with federal law enforcement:Notice of scheduled release
Initial
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the
award,as ofthe date the recipient accepts the award,and throughout the remainder ofthe period ofperformance.
Its provisions must be among those included in any subaward at any tier.
1.Noninterference with"removal"process:Notice of scheduled release date and time
Consonant with federal law enforcement statutes--including 8 U.S.C. 1231(for an alien incarcerated by a State or
local government,a 90-day"removal period"during which the federal government"shall"detain and then"shall"
remove an alien from the U.S."begins"no later than"the date the alien is released from...confinement";also,the
federal government is expressly authorized to make payments to a"State or a political subdivision ofthe State...with
respect to the incarceration of[an]undocumented criminal alien");8 U.S.C.1226((be federal government"shall take
into custody"certain criminal aliens"when the alien is released");and 8 U.S.C. 1366(requiring an annual DOJ report
to Congress on"the number of illegal alien[felons]in Federal and State prisons"and programs underway"to ensure the
prompt removal"from the U.S.of removable"criminal aliens")--within the funded program or activity,no State or
local government entity,-agency,or-official(including a government-contracted correctional facility)may interfere
with the"removal"process by failing to provide--as early as practicable(see para.4-C.below)--advance notice to
DHS ofthe scheduled release date and time for a particular alien,if a State or local government(or government-
contracted)correctional facility receives from DHS a formal written request pursuant to the INA that seeks such
advance notice.
2.Monitoring
The recipient's monitoring responsibilities include monitoring ofsubrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules ofconstruction
A.The"Rules of Construction"set out in the"Noninterference(within the funded"program or activity")with federal
law enforcement:Interrogation of certain aliens"award condition are incorporated by reference as though set forth
here in full.
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,or any other entity or individual to maintain(or detain)any individual in custody beyond the
date and time the individual otherwise would have been released.
C.Applicability
(1)Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least
48 hours,ifpossible)."(See DHS Form I-247A(3/17)).If(e.g.,in light ofthe date DHS made such request)the
scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested,it
shall NOT be a violation ofthis condition to provide only as much advance notice as practicable.
(2)Current DHS practice is to use the same form for a second,distinct purpose--to request that an individual be
detained for up to 48 hours AFTER the scheduled release.This condition does NOT encompass such DHS requests for
detention.
Acceptance of FY 2019 JAG awards by U.S.Conference of Mayors members(as designated in Evanston v.Ban)shall not be construed as acceptance of
Special Conditions 31 through 41 thereof.Nor,given the injunction,currently in effect,in the litigation,against inclusion of those conditions in FY 2019 JA
awards,shall Special Conditions 3141 be enforced against the foregoingjurisdictions while that ruling is in effect.
OJP FORM 4000/2(REV.4-88)
Initial
U.S.Department ofJustice
Office o£Justice Programs AWARD CONTINUATION
s
Bureau of Justice Assistance SHEET PAGE 22 OF 30
G rant
PROJECT NUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
40. No use offnids to interfere with federal law enforcement:Notice of scheduled release
SCOPE.This condition applies as ofthe date the recipient accepts the award,and throughout the remainder ofthe
period of performance. Its provisions must be among those included in any subaward at any tier. Itial
1.No use of funds to interfere with"removal"process:Notice of scheduled release date and time
Consonant with federal law enforcement statutes--including 8 U.S.C. 1231(for an alien incarcerated by a State or
local government,a 90-day"removal period"during which the federal government"shall"detain and then"shall"
remove an alien from the U.S."begins"no later than"the date the alien is released from...confinement';also,the
federal government is expressly authorized to make payments to a"State or a political subdivision ofthe State...with
respect to the incarceration of[an]undocumented criminal alien");8 U.S.C.1226(the federal government"shall take
into custody"certain criminal aliens"when the alien is released");and 8 U.S.C. 1366(requiring an annual DOJ report
to Congress on"the number of illegal alien[felons]in Federal and State prisons"and programs underway"to ensure the
prompt removal'from the U.S.ofremovable'criminal aliens")--no State or local government entity,-agency,or-
official(including a government-contracted correctional facility)may use finds under this award to interfere with the
"removal'process by failing to provide--as early as practicable(see para.4.C.below)--advance notice to DHS of
the scheduled release date and time for a particular alien,if a State or local government(or government-contracted)
correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.
2.Monitoring
The recipient's monitoring responsibilities include monitoring ofsubrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may he obligated forthe
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
i
4.Rules ofconstruction.
The"Rules of Construction"set out in the"Noninterference(within the funded"program or activity")with federal law
enforcement:Notice of scheduled release"award condition are incorporated by reference as though set forth here in
full.
41, Requirement to collect certain information from subrecipients
Except as provided in this condition,the recipient may not make a subaward to a State,a local government,or a kilt.,
"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 collectedand
maintained by the recipient,consistent with document retention requirements,and must be made available to DOJ upon
request.Responses to these questions are not required from subrecipients that are either a tribal
government/organization,a nonprofit organization,or a private institution ofhiglicr education.
"Acceptance of FY 2019 JAG awals by U.S.Conference of Mayors members(as designated in Evanston v.Barr)shall not be
construed as acceptance of Special Conditions 31 through 41 thereof.Nor,given the injunction,currently in effect,in the litigation,
against inclusion of those conditions in FY 2019 JAG awards,shall Special Conditions 31-41 be enforced against the foregoing
jurisdictions while that ruling is in effect.
OJ P FORM 4000/2(REV,4-88) I rl It l8l
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 23 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0906 AWARD DATE 09/18Ro19
SPECIAL CONDITIONS
42. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and
procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial
Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits.The
recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks,including
documentation related to any subawards made under this award.Further,the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents.Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other
restrictions on the recipient's access to award funds;referral to the DOJ OIG for audit review;designation of the
recipient as a DOJ High Risk grantee;or termination of an award(s).
43. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards("subgrants")of$25,000 or
more and,in certain circumstances,to report the names and total compensation 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),areposted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm(Award condition:Reporting Subawards and
Executive Compensation),and are incorporated by reference here.
This condition,including its reporting requirement,does not apply to--(l)an award of less than$25,000,or(2)an
award made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
44. Required monitoring 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 ofthis award in any
subaward.Among other things,the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients.The recipient agrees to submit,upon
request,documentation of its policies and procedures for monitoring of subawards under this award.
45. Use of progranr 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,
46. 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:haps://it.cjp.gov/gsp_granteondition.
The recipient(and any subrecipient at any tier)must document planned approaches to information sharing and describe
compliance with the GSP and appropriate privacy policy that protects shared information,or provide detailed
justification for why an alternative approach is recommended.
OJP FORM 4000/2(REV.4-88)
Initial
U.S.Department ofJustice
Office of Justice Programs AWARD CONTINUATION
'� Bureau of Justice Assistance SHEET PAGE 24 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
47. 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.
48. Compliance with 28 C.F.R,Part 23
With respect to any information technology system funded or supported by funds under this award,the recipient(and
any subrecipient at any tier)must comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if
OJP determines this regulation to be applicable.Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at
its discretion,perform audits of the system,as per the regulation.Should any violation of 28 C.F.R.Part 23 occur,the
recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
49. Protection of human research subjects
The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R.Part 46 and all OJP
policies and procedures regarding the protection of human research subjects,including obtainment of Institutional
Review Board approval,if appropriate,and subject informed consent.
50. Confidentiality 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.
51. Verification and updating of recipient contact information
The recipient must verify its Point ofContact(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.
Initial
OJP FORM 400012(REv.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 25 OF 30
Grant
PROJECTNUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
52. Law enforcement task forces-required training
Within 120 days of award acceptance,each current member of a law enforcement task force funded with award
funds who is a task force commander,agency executive,task force officer,or other task force member of equivalent
rank, must complete required online(intemet-based)task force training.Additionally,all future task force members
must complete this training once during the period of performance for this award,or once every four years if
multiple OJP awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and
Leadership(www.ctfli.org).The training addresses task force effectiveness,as well as other key issues including
privacy and civil liberties/rights,task force performance measurement,personnel selection,and task force oversight and
accountability.If award funds are used to support a task force,the recipient must compile and maintain a task force
personnel roster,along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for TaskForce
Integrity and Leadership(www.ctfli,org).
53. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed
justification must be submitted to and approved by the OR program office prior to obligation or expenditure ofsuch
funds.
54. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks--including 18 U.S.C.922 and 34
U.S.C.ch.409--if the recipient(or any subrecipient at any tier)uses this award to fund(in whole or in part)a specific
project or program(such as a law enforcement,prosecution,or court program)that results in any court dispositions,
information,or other records that are"eligible records"(under federal or State law)relevant to the National Instant
Background Check System(NICS),or that has as one of its purposes the establishment or improvement of records
systems that contain any court dispositions,information,or other records that are"eligible records"(under federal or
State law)relevant to the NICS,the recipient(or subrecipient,if applicable)must ensure that all such court
dispositions,information,or other records that are"eligible records"(under federal or State law)relevant to the NICS
are promptly made available to the NICS or to the"State"repository/database that is electronically available to(and
accessed by)the NICS,and--when appropriate--promptly must update,correct,modify,or remove such NICS-
relevant"eligible records".
In the event of minor and transitory non-compliance,the recipient may submit evidence to demonstrate diligent
monitoring of compliance with this condition(including subrecipient compliance).DOJ will give great weight to any
such evidence in any express written determination regarding this condition.
OJP FORM 400012(REV.4-88) Initial
U.S.Department ofJustice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 26 OF 30
`�..
Grant
PROJECT NUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
55. Compliance with National Environmental Policy Act and related statutes
Upon request,the recipient(and any subrecipient at any tier)must assist BJA in complying with the National
Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental
impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient
Accordingly,the recipient agrees to first determine if any of the following activities will 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 constriction;
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 abuilding or facility that will either(a)result in a change in itsbasic
prior use or(b)significantly change its size;
d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an
incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or
education environments;and
e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the
identification,seizure,or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement,as directed by BJA.The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan,as detailed at https://bja.gov/Funding/nepa.html,for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities:For any of the recipient's or its
subrecipients'existing programs or activities that will be funded by these award funds,the recipient,upon specific
request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
56. Establishment of trust fund
If award funds are being drawn down in advance,the recipient(or a subrecipient,With respect to a subaward)is
required to establish a trust fund account.Recipients(and subrecipients)must maintain advance payments of federal
awards in interest-bearing accounts,unless regulatory exclusions apply(2 C.F.R.200.305(b)(8)).The trust fund,
including any interest,may not be used to pay debts or expenses incurred by other activities beyond The scope of the
Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the award
funds in the trust fund(including any interest earned)during the period of performance for the award and expend
within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to OJP at
the time of closeout.
OJP FORM 4000/2(REV.4-88)
U.S.Department ofJustice
Office of Justice Programs AWARD CONTINUATION
! Bureau of Justice Assistance SHEET PAGE 27 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX•0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
57. Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50%match for purposes of the DOJ Bulletproof Vest Partnership(BVP)program.
58. Certification of body armor"mandatory wear"policies
If recipient uses funds under this award to purchase body armor,the recipient must submit a signed certification that
law enforcement agencies receiving body armor purchased with funds from this award have a written"mandatory
wear"policy in effect The recipient must keep signed certifications on file for any subrecipients planning to utilize
funds from this award for ballistic-resistant and stab-resistant body armor purchases.This policy must be in place for
at least all uniformed officers before any funds from this award may be used by an agency for body armor.There are
no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers
while on duty.
59. Body armor-compliance with NIJ standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat
level,make or model,from any distributor or manufacturer,as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List(https://nij.gov/topics/tcchnology/body-armor/Pages/compliant-ballistic-armor,aspx).In addition,
ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely
fitted,as set forth in 34 U.S.C.10202(c)(1)(A).The latest NIJ standard information can be found here:https://nij.gov/
topics/technology/body-armor/pages/safety-initiative.aspx.
60. Body armor-impact on eligibility for other program funds
The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for
funding under the Bulletproof Vest Partnership(BVP)program,a separate program operated by BJA,pursuant to the
BVP statute at 34 USC 10531(c)(5).
61. Reporting requirements
The recipient must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through
OJP's GMS(https://grants.ojp.usdoj.gov).Consistent with the Department's responsibilities under the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,the recipient must provide data that
measure the results of its work.The recipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool(PMT)websile(www.bjaperformancetools.org).For more detailed information on
reporting and other JAG requirements,refer to the JAG reporting requirements webpage.Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
62. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded finding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force,racial and ethnic bias,
de- escalation of conflict,and constructive engagement with the public.
OJP FORM 4000/2(REV-4-88) C2
7n1-1
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 28 OF 30
is Grant
PROJECTNUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
63. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute,unless,as
set forth at 34 U.S.C. 10152,the BJA Director certifies that extraordinary and exigent circumstances exist,making such
expenditures essential to the maintenance of public safety and good order.
64. Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,2018
The recipient may obligate(federal)award funds only after the recipient makes a valid acceptance of the award.As
of the first day of the period of performance for the award(October 1,2018),however,the recipient may choose to
incur project costs using non-federal funds,but any such project costs are incurred at the recipient's risk until,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 of the award funds until the
condition is removed.)
Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at-
risk,"if and when the recipient makes a valid acceptance of this award and OR removes each applicable withholding
condition through a Grant Adjustment Notice,the recipient is authorized to obligate(federal)award funds to reimburse
itself for project costs incurred"at-risk"earlier during the period of performance(such as project costs incurred prior
to award acceptance or prior to removal of an applicable withholding condition),provided that those project costs
otherwise are allowable costs under the award.
Nothing in this condition shall be understood to authorize the recipient(or any subrecipicnt at any tier)to use award
funds to"supplant"State or local funds in violation of the recipient's certification(executed by the chief executive of
the State or local government)that federal funds will be used to increase the amounts of such funds that would,in the
absence of federal funds,be made available for law enforcement activities.
65. Use of funds for DNA testing;upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System("CODIS,"the DNA database operated by the FBI)by a government DNA
laboratory with access 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 COD1S.
66. Encouragement of submission of"success stories"
BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success
story,sin in to a My 13JA account at Mips:/1 w%v%v.hja.&o%,/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.go 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 athttps://www.bia.go SuccessStoryList.aspx.
OJP FORM 4000/2(REV.4-88) niti:Gi
U.S,Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 29 OF 30
Grant
PROJECTNUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
` 67, With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any
employee of the award recipient at a rate that exceeds 110%of the maximum annual salary payable to a member of the
federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System
for that year.(An award recipient may compensate an employee at a higher rate,provided the amount in excess of this
compensation limitation is paid with non-federal funds.)
This limitation on compensation rales allowable under this award may be waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made.
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 https://ojp.gov/funding/FAPIIS.htm(Award condition:
Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporated by
reference here.
69. Withholding offunds: Budget narrative orinformation
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the required budget information or narrative for the award,and a Grant Adjustment Notice(GAN)has
been issued to remove this condition.
70. Withholding-DHS question attachment
The recipient may not obligate,expend or draw down funds until the Office of Justice Programs has received and
approved the required application attachment(s)described in the program solicitation as"Information regarding
Communication with the Department of Homeland Security(DHS)and/or Immigration and Customs Enforcement
(ICE),"and has issued a Grant Adjustment Notice(GAN)releasing this special condition.
71. Withholding offunds: 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 aGrant
Adjustment Notice to remove this special condition.
72. Withholding offunds:Required certification from the chief executive of the applicant government
The recipient may not obligate,expend,or draw dower 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,
OJP FORM 40002(REV.4-88)
i ]tial
U.S.Department ofJustice
Office of Justice Programs AWARD CONTINUATION
@Bureau of Justice Assistance SHEET PAGE 30 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
73. Withholding of funds: Memorandum ofUnderstanding
The recipient may not obligate,expend,or draw down any award funds until OR has reviewed and approvedthe
Memorandum of Understanding(MOU),and a Grant Adjustment Notice(GAN)has been issued to remove this
condition.
Initial
OUP FORM 4000/2(REV.4-88)
U.S.Department of Justice
1 Office of Justice Programs
Bureau of Justice Assistance
Washington,D.C.10531
Memorandum To: Official Grant File
From: Orbin Terry,NEPA Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Seattle
The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system,some of
which could have environmental impacts.All recipients of JAG funding must assist BJA in complying with NEPA
and other related federal environmental impact analyses requirements in the use of grant funds,whether the funds
are used directly by the grantee or by a subgrantee or third party.Accordingly,prior to obligating funds for any of
the specified activities,the grantee must first determine if any of the specified activities will be funded by the
grant.
The specified activities requiring environmental analysis are:
a.New construction;
b.Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or
a property listed on or eligible for listing on the National Register of Historic Places;
c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as
an incidental component of a funded activity and(b)traditionally used,for example, in office,household,
recreational,or education environments;and
e.Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification,seizure,or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental
Impact Statement,as directed by BJA.Further,for programs relating to methamphetamine laboratory operations,
the preparation of a detailed Mitigation Plan will be required.For more information about Mitigation Plan
requirements,please see https://www.bia-gov/Fundinpjliepa.litnil.
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.Departinetlt of Justice GRANT MANAGER'S MEMORANDUM,PT.I:
Office of.luslicePrograms PROJECT SUMMARY
QD
Bureau of Justice Assistance
Grant
PROJECTNUMBER
PAGE 1 OF 1
2019-DJ-BX-0906
This project is supported under FY 19(BJA-JAG State and JAG Local)Title I of Pub L.No.90-351(generally codified at 34 U.S.C.10151-10726),including
subpart1 of part E(codified at 34 U.S.C.10 151-10158);see also 28 U.S.C.530C(a�
1,STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephonenumber)
Jeffery Felten-Green Faye Landskov
(202)514-8874 Planning and DevelopmentSpecialist
700 Fifth Avenue
Suite 5800
Seattle,WA 98124
(206)733-9163
3a TTTLE OFTHEPROGRAM 3b.POMS CODE(SEE INSTRUCTIONS
BJA FY 19 Edward Byrne Memorial Justice Assistance Gran[(JAG)Program-Local Solicitation ON REVERSE)
4.TITLE OF-PROJECT
FY 2019 JAG Program
5,NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE
City ofSeatlle
700 Fifth Avenue Suite5800
Seattle,WA98124
7.PROGRAM PERIOD 8.BUDGETPERiOD
FROM: 10/01/2018 TO: 09/302022 FROM: 10/01/2018 TO: 09/30/2022
I
9.AMOUNT OFAWARD 10.DATE OFAWARD
$672,410 09/18/2019
11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGETAMOUNT
13.THIRD YEAR'S BUDGETPERIOD 14.THIRD YEAR'S BUDGETAMOUNT
15.SUMMARY DESCRIPTION OF PROJECT(See instruction onreverse)
The Edward Byrne Memorial Justice Assistance Grant(JAG)Program allows states and units of local government,including tribes,to support a broad range of
activities to prevent and control crime based on their own slate and local needs and conditions.Grant funds can be used for state and local initiatives,technical
assistance,training,personnel,equipment,supplies,contractual support,and information systems for criminal justice,including for any one or more of the
following program areas:1)law enforcement programs;2)prosecution and court programs;3)prevention and education programs;4)corrections andcommunity,
corrections programs;5)drug treatment and enforcement programs;6)planning,evaluation,and technology improvement programs;and 7)crime victim and
witness programs(other than compensation)and 8)trental health programs and related law enforcement and corrections programs
This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above.Funded programs orinitiatives
may include multijurisdictional drug and gang task forces,crime prevention slid domestic violence programs,courts,correclions,treatment,jusliceinformation
OJP FORM 40002(REV.4-88)
sharing initiatives,or other programs aimed at reducing crime and/or cnhancing public/nfticerssfety.
NCA/NCF
RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
I. 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 DOCUNMNTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT(AG#): X INTERLOCAL
❑ OTHER
5. PROJECT NAME: FY 2019 EDWARD BYRNE MEMORIAL JUSTICE JUSTICE ASSISTANCE(JAG)GRANT
6. NAME OF CONTRACTOR: CITY OF SEATTLE
ADDRESS: 700 5T"AVENUE SUITE 5800 SEATTLE,WA 98124-4708 TELEPHONE
E-MAIL: FAX:
SIGNATURE NAME: FAME LANDSKOV, TITLE SEATTLE JAG PROGRAM MGR.
7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑
ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: UNIL'NOWN AT TIIIS TIME COMPLETION DATE: UNKNOWN AT TIIIS TIME
9. TOTAL $41,110 PAID TU CITY (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(I F CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT:
IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY
❑ PURCHASING: PLEASE CHARGE TO: Various account numbers to be determined of purchase of product
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
INITIAL/DATE SIGNED
❑ LAW DEPARTMENT
❑ SIGNATORY(MAYOR OR DIRECTOR)
❑ CITY CLERK 7.17
❑ ASSIGNED AG# A I
❑ SIGNED COPY RETURNED DATE SENT:.
tj
COMMENTS:
Memorandum of Understanding
FY 2019 Edward Byrne Memorial Justice Assistance Grant
This Memorandum of Understanding (MOU) outlines the responsibilities and protocols
for participating jurisdictions pertaining to the FY 2019 Edward Byrne Memorial Justice
Assistance Grant-2019-DJ-BX-0906.
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
r 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.
Allocation of the declined Bellevue funds has been made along the percentages that DOJ
allocated each agency their JAG funds.
Page 1 of 3
The allocation of funding is as follows:
DOJ REVISED Reallocating Bellevue & After
Agency Allocation 3.7% Admin Fee
Auburn 33,075 32,519
Bellevue 14,101 0
Burien 21,329 20,971
Des Moines 11,617 11,422
Federal Way 41,110 40,419
Kent 38,077 37,437
King County 36,689 207,004
Renton 31,333 30,806
SeaTac 14,779 14,531
Seattle 414,940 262,199
Tukwila 15,360 15,102
Total Allocation 672,410 672,410
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 2019 Edward Byrne Memorial Justice Assistance Grant
Signature Page
Jurisdiction: Joe
Ie.
Signature:
Name &Title: �� / �
vpa
Page 3 of 3
FEDERAL WAY POLICE DEPARTMENT
33325 8T"Avenue South
., _ Federal Way,WA 98003
CITY 0 253 835-6700 wtivUv.cit�lofer,cra��v_��con
Re
4 • 1 Jim Ferrell, Mayor
Andy J. Hwang, Chief of Police
Mr. Jeffrey Felton-Green
State Policy Advisor
US Department of Justice, Office of Justice Programs
810 7th Street NW
Washington, DC 20531
December 6, 2019
Dear Mr. Felton-Green:
The City of Federal Way, a disparate agency awarded FY17 JAG funds, understand that City of Bellevue,
another disparate agency in our group, has declined to receive funding for 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,
/Jimerrell, Mayor
COUNCIL MEETING DATE: February 18,2020 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: NEW ALLOCATION MOU'S FOR FY17,FY18,AND FY19 JAG AWARD
POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department accept the new JAG
Grant Allocation MOD's for FY17, FY18 and FY19?
COMMITTEE: PRHS&PSC MEETING DATE:
Februaryl 1,2020
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 MOU's.
2. Do not approve proposed JAG FY17, FY18 and FYI9MOU's
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: / dt / 7 DIRECTOR APPROVAL: E' 2lJZ.,
anunitt c LnunCil Iaitial to t
[n i tial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed JAG Grant FY17, FY18 and FY19 New
Allocation MOD's to the February 18, 2020 consent agenda for approval.
Comm tree Chair ,/ f Committe ML-inber Committee Member
PROPOSED COUNCIL MOTION: `I move approval of the proposed JAG Grant FY17, FY18 and FY19 New
Allocation 1LIOU's and authorize the Mayor to sign. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTIQI ��,(')
APPROVE �' � �'�^""' COUNCIL BILL#
DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED- 4/201.9 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: FY 17/18/19 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 FYI 7, FYI 8, and FYI 9.
The City of Federal Way, Federal Way Police Department has executed FY 17 MOU with
budget, scope of work and agreements, and does not wish to further delay funding.
For FYI only, Seattle will maintain the entire award ($14,555). Doing so would mean
that Seattle absorb the funds and incur the delays associated with the additional approvals
for a budget/narrative from DOJ. The City of Federal Way, Federal Way Police
Department original funding will be maintained.
For FY 18 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 FYI JAG cycle only.
Rev.7/18