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AG 20-861 - City of Seattle RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I. 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 El'PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL, GSFA71T. DOCUMENT ❑ SECURITY DOCUMENT(E.G BOND RELATEDDOCUMrNTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT(AG#):jL-_ $- A INTERLOCAL OTHER 5. PROJECT NAME: FY20 Edward Bryne memorial Justice Assistance(JAG)Grant 6. NAME OF CONTRACTOR: City of Seattle(Faye Landskov,Jag Program Manager) ADDRESS: 610 51h Avenue,PO Box 34986,Seattle,WA 98124-4986 TELEPHONE 206-733-9163 E-MAIL:Faye.Landskov@seattle,gov FAX: SIGNATURENAME: Mark R. Baird "II T LE Chief Operating Officer 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE A AI I Ol-HER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: Date Signed COMPLETION DATE: September 30,2023 9. FOTA1,COM PEN SAI'ION$ Grant Allocation$42,546 (INCLUDE EXPENSES AND SALES TAX,IF AN)') (11-CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) RI:IIVIBURSABL,E EXPENSE:❑YES El NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SAL LS C\X OWED OYES ONO IFYES,$ PAID BY:❑CONTRACTOR❑CITY RE I�AINAGE: 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 (IFAPPLICABLE) It LAW DK 03-17-2021 11. COLJNC'ILAPPROVAL(IPAPPLICABLE) COMMITTEE APPROVAL DATE: COUNCILAPPROVALDATE: 12, CONT'RACTSIGN.ATUREROUTING ❑ SI:N'I TO VENDOR/CONTRACTOR DATE SENT: DATE REC`D: _ ❑ AFI ACI I: SIGNATURE AU'I HORITY, INSURANCE CERTIFICAI'E. LICENSES, EXHIBITS ❑ CRLAll" ELECTRONIC REM INDER/NOT1F'ICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (IIICI Lid C Cie Pt.Support Ili hiecessary 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 ❑ ASSIGNED AG# AG# `' COMMENTS: 2/2017 Memorandum of Understanding-Contract Edward Byrne Memorial Justice Assistance Grant(JAG) Program FY 2020 Local Solicitation Executed by City of Seattle Department Authorized Representative: Faye Landskov 610 5rh Avenue PO Box 34986 Seattle,WA 98124-4986 and City of Federal Way, DUNS 968740139, hereinafter referred to as "Subrecipient" JAG Grant Manager: Diane Shines 33325 8 Ave S Federal Way,WA 98003 Page I City of Federal Way 1.5#20-02134 IN WITNESS WHEREOF,the parties have executed this Agreement by having their representatives affix their signatures below. City of Federal Way City of Seattle LyI,errell, Mayor Mark R. Baird, Chief Operating Officer Seattle Police Department Date: r G a/ Date: V3/al 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$644,184 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 8 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 18, 2020 to request JAG Program funds; and WHEREAS,based on the City's successful application, the Bureau of Justice Assistance has awarded $644,184 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: Pa.ge 12 City or Federal Way 1.5 H20-02134 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, 2023 unless terminated earlier pursuant to the provisions hereof. ARTICLE II: DESCRIPTION OF SERVICES The services to be performed under this Agreement shall be conducted for the stated purposes of the Byrne Memorial Justice Assistance Grant(JAG) Program (42 U.S.C. 3751(a.) The Edward Byrne Memorial justice Assistance Grant(JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement; prosecution and court programs; prevention and education programs; corrections and community corrections; drug treatment and enforcement; crime victim and witness initiatives; and planning, evaluation, and technology improvement programs. ARTICLE III: SPECIAL CONDITIONS 1. Funds are provided by the U.S. Department of justice, Office of justice Programs, Bureau of Justice Assistance solely for the purpose of furthering the stated objectives of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Subrecipient shall use the funds to perform tasks as described in the Scope of Work portion of this Agreement. 2. The Subrecipient acknowledges that because this Agreement involves federal funding, the period of performance described herein will likely begin prior to the City's receipt of appropriated federal funds.The Subrecipient agrees that it will not hold the City or the Department of justice liable for any damages,claim for reimbursement,or any type of payment whatsoever for services performed under this Agreement prior to the City's receipt and distribution of federal funds. In the event that the Department of justice requires the City to repay awarded funds for failure to comply with Special Conditions 31 - 41 and 70 listed in Attachment A or withholds funds from the City for any other reason,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 and 70 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 2020 Justice Assistance Grant Program Award # 2020-DJ-BX-0324. 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 Page 13 City of Federal Way 1.5 920-02134 contract. All Subrecipients are assumed to have read, understood,and accepted the Award as binding. 4. The Subrecipient acl<nowledges 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 2020 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 2020 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 (01MB) 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 Page 14 City of Federal Way 1.5#20-02134 issues or findings within 30 days of the date of request.The City reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. e. if applicable,once any single audit has been completed,the Subrecipient must send a full copy of the audit to the City and a letter stating there were no findings, or if there were findings,the letter should provide a list of the findings. The Subrecipient must send the audit and the letter no later than nine months after the end of the Subrecipient's fiscal year(s) to: Faye Landskov,JAG Program Manager Seattle Police Department 610 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. Page 5 City of Federal Way 1.5#20-02134 ARTICLE IV: SCOPE OF WORK The Scope of Work of this Agreement and the time schedule for completion of such work is as described in Attachment B:JAG Budget Worksheet,as approved by BJA.Attachment B is attached to and made part of this agreement. The work shall,at all times,be subject to the City's general review and approval.The Subrecipient shall confer with the City periodically during the progress of the Work,and shall prepare and present such information and materials (e.g.a detailed outline of completed work) as may be pertinent,necessary, or requested by the City or BJA to determine the adequacy of the Work or Subrecipient's progress. ARTICLE V: PAYMENT 1. Coi1`l.)2s''IS-IEit)a The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this Agreement cannot exceed $42,546. 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. Monaer of P ivfnelll 'I'he 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. Page 16 City of Federal Way 1.5#20-02134 Reimbursement will not be processed without accompanying documentation for the corresponding costs. Once the above conditions are met, payment shall be made by the City to the Subrecipient. Submit invoicing to Submit Documentation to _ Fiscal Accounts Payable Faye Landskov,JAG Program Manager Seattle Police Department Seattle Police Department 610 SDI'Avenue 610 S", Avenue PO Box 34986 PO Box 34986 Seattle, WA 98124-4986 Seattle,WA 98124-4986 N SPDAP@seattle.gov 206-733-9163 Article Vl COOPERATION IN MONITORING AND EVALUATION, 1. 1 I) lke�sp,ollsibilities: 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 and 70 in the Grant Award and Special Conditions documents. 2. subrcjji ):j(ja kcsjE7nSllTkliE� 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, DO),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. Pape 17 City of Federal Way 1.5 420-02134 Department of Justice(DOJ) �• -' Office of Justice Programs PAGE I OF 33 } Bureau of Justice Assistance Grant 1 RECIPIENT NAME AND ADDRESS(Including Zip Code) 4 AWARD NUMBER: 2020-DJ-BX-0324 ..... _....... ......._. __.._..,T�...._..........._�....._..... City Dfseattle 700 Fitlh Avenuc,Suite 5800 5,PROJECT PERIOD:FROM 1U/0112019 TO 0 913 0/2 02 3 Scatlle,WA 98104-5017 BUDGET PERIOD.FROM [0/0112019 TO 09!30/2023 6,AWARD DATE 09/19/2020 7,ACTION 2a.GRANTEE IRS/VENDOR NO. 8.SUPPLEMENT NUMBFR b ilial 916001303 00 2b,GRANI'EE DUNS NO, — 790597814 9,PREVIOUS AWARD AMOUNT $0 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $644,184 Seattle and Disparate Agencies Croup 11.TOTAL AWARD $644,184 12.SPECIAL CONDITIONS THE ABOVE GRANT PRO.IEC"P IS APPROVED SUBJECT'I"O SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORI'H ON THE ATTACHED P.AGE.(S} 13,STATUTORY AUTHORITY FOR ORANT .mm This project is supported under FY20(HJA-JAG State and J AC Local)'Title I of Pub,I..No,90-351(generally codified at 34I,LS.C.1010 1-10726),including subpart I ofpart E(codified at 34 U S.C.10151-10158);see also 28 U.S.C.530C(a) 14 CATALOG OF DOMESTIC fEDERALASSISTANCE(CFDA Number) 16,738-Edward Byme Memorial Justice Assistance Grant Progmm 15.METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16,TYPED NAME AND TITLE OF APPROVING OFFICIAL I8.T'YPF;D NAME AND TITLE,OF AUTHORIZED GRAN FFE OFFICIAL Katharfne'T,Sullivan Jenny A nn Principal Deputy Assistant Attorney General Mayor y`� 17,SIGNATURE.OF APPROVING OFFICIAL 19 A 'NATURE OF UnICRIZED RECIPIENT OFFICIAL 19A,DATE I I AGENCY USE ONLY 20,ACCOUNTING CLASS]FICATION CODES 21 VDJUG1:3927 FISCAL, FUND BUD DIV. YEAR CODE ACT, OFC. REG. 9UD. POMS AMOUNT X 8 DJ 80 00 00 644184 OJP FORM 4000/2(REV,5-87)PREVIOUS EDITIONS ARE OBSOLETE. 'Acceptance of FY 2020 JAG awards by US.confelr-nca ofmayorc mernbers"as designated in Evanston v Burr)shall nol be consfruad as arceplance of Special Conditions J 1 through 41 and 70 thereof Nor,given the in,unction,currently it?effect,in the liligation,against inclusion of those r;onclitic;ns in FY 2020 JAG awards,,shall Special Conditions 31-41 and 70 bo enforced against the foregoing;urisdictions while that ruling is in effect. 01P FORM 4000/2(REV.4-88) i Department ofJusti"(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 2 Or 33 I Grant PROJECTNUMBER 20204DJ-EX-0324 AWARD DATE 09i19/2020 --....-.-..._... -- _ 1 SPECIAL CONDITIONS L Requirements of the award;remedies for non-compliance or for materially false statements' i 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 ofperfonnance also is a material requirement or this award. Limited Exceptions.In certain special circumstances,the U.S.Department of Justice("DOJ")may determine that it will not enforce,or enforce only in part,one or more requirements otherwise applicable to the award Any such exceptions regarding enforcement,including any such exceptions made during the period of performance,are(or will be during the period of performance)set out through the Office of Justice Programs("OJP")webpage entitled"Legal Notices: Special circumstances as to particular award conditions"(ojp.gov/funding/Explore/LegalNotices-AwardRcgts.htm),and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient,the authorized recipient official accepts all material requirements of the award,and specifically adopts,as ifpersonally executed by the authorized recipient official,all assurances or certifications submitted by or on behalfofthe recipient that relate to conduct during the period of performance. Failure to comply with one or more 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 OJP taking appropriate action with respect to the recipient and the award.Among other things,the OJP may withhold award funds,disallow costs,or suspend or terminate the award.DOJ,including OJP,also may take other legal action as appropriate. i Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment or omission of a material tact)may be the subject of criminal prosecution(including under 18 U.S.C.1001 and/or 1621, and/or 34 U.S.C. 1 027 1-1027 3),and also may lead to imposition•of civil penalties and administrative remedies for false claims or otherwise(including under 31 U,S.C.3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law.Should it be held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this award. r;•;Cdp!a!!wCfPr,2;. 3A.Ga119,idso),U'S. Y,i1_:r8:i3iol7!i..Baajrhal?n.oin!!_or?J(nteil3`i ,CP-n�E 0/J'r E•:ia!r,•r!i!';gt,?'!'ir�JOf G i and?U lh,erea`:1'G qik Cn i%i2 iPr,'.L:'i00,.'U!IE^!�y i^,E'%F.�•.i. Ih' JQ860R,E!QaiD51 L lr'U51.^�,, Prose ccuuldi;ms ur rY 2;J2�1.61G awrrru;,sr,a%!SpE girl!CordR,.,e:ii-d1 vr,d;O,Dc c:,!iinrrii a_r,;,ir>;;he fi;!E:�;�rr�gjsr,'.<,;iicfors lvhiie'rraf OJP FORM 4000/2(REV.4-88) Department o1'Justice(DU.1) Office of Justice Programs AWARD CONTINUATION �^ Bureau of Justice Assistance SHEET PAGE 3 OF 33 �w ,GGrant PROJECTNUMBER 2020-DJ-13X-0324 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 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"Par(200 Uniform Requirements")apply to this FY 2020 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014.if this FY 2020 award supplements funds previously awarded by OJP under The same award number(e.g.,funds awarded during or before December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that are obligated on or uftcr the acoeptan c date ofthis FY 2020 award. For more information and resources on the Part 200 Uniform Requirements as they relate to ON awards and subawards ("subgrants"),see the OJP website at https://ojp,gov/funding/Part200tJnifonnRequirenients.htm. Record retention and access:Records pertinent to the award that the recipient(and any subrecipient("subgrantee")at any tier)must reri.iri- typically for a perind of 3 years from shy:dm_-of tiiii,mi•:-mn of the ihral+;xpenditure report(SF 425),unless a dil lorcal retuijmon period applies--and to which!hc rccipi nl .ilnd any:iuhfce it r r,t °a l r nb_e")at i any tiers)must r' s i` « include performance measurement nunrm tuna,u:.LdJni0D to thc.fnt,uu. tl i•surds, suMMing doc a.ii.nr>, ucal records,and other pertinent records indicated at 2 C.F.R.200 333. I In the event that an award-related question arises from documents or other materials prepared or distributed by ON that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the recipient is to contact OJP promptIy for clarification. 3. Compliance with DOS 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"Dal Grants Financial Guide"available at Iiilp�'cN.g••f In:+nct3lt".ut.! il)(Winde,,I!tn,},including any updated version that may be posted during the period of iti,ni ,,,mice. 11w r:'.:irli,nv c,:2rees io c:,rr:!�:i:�%ith the DOJ i Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially reclassified(that is,moved and renumbered)to a new Title 34,entitled"Crime Control and Law Enforcement."The reclassification encompassed a number of statutory provisions pertinent to OJP awards(that is,OJP grants and cooperative agreements),including many provisions previously codified in Title 42 of the U.S.Code. Effective as of September 1,2017,any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to Title 34,This rule of constriction 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. r' OAP FORM 400012(REV.4.88) Department of Justice(DOJ) Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 OF 33 Grant PROJECT NUMBER 2020-DJ-BX-0324 AWARD DATE 09/19/2020 T SPECIAL CONDITIONS i. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully completed an"OJP financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award.Successful completion of such a training on or after January 1,2018,will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC).Successful completion of such a training on or after January 1,2018,will satisfy this condition. A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for purposes of this condition is available at https://www.ojp.gov/training/fmts.htrn.All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold("freeze")award funds if the recipient fails to comply with this condition.The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related to"de minimis"indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis" indirect cost rate described in 2 C.F.R.200.414(f),and that elects to use the"de minhnis"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. 7. Requirement to report potentially duplicative funding if the recipient currently has other active awards of federal hinds,or if the recipient receives any other award of federal funds during the period of performance for this award,the recipient promptly must determine whether funds from any of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the identical cost items for which funds are provided under this award.If so,the recipient must promptly notify the DOJ awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. i OJP FORM 4000/2(REV.4-86) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION r Bureau of Justice Assistance SHEET PACE 5 OF 33 Grant PROJECT NUMBER 2020-DJ-BX•0324 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 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), I j currently accessible at https:/Iwww,saTn.gov/.This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards("subgrants")to fast-tier subrecipients (first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the recipient)the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm(Award condition:System for Award Management(SAM)and Universal Identifier Requirements),and are incorporated by reference here. I 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 ttrat he or she may own or operate in his or her name). i I I .-..... ...... ........ OJP FORM 4000/2(REV.4-88) Department ofJustice(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF 33 Grant I j PROJECTNUMBER 2020-DJ-BX-0324 AWARD DATE 09/19/2020 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(in whole or in part)with award funds,the recipient(or any subrecipient)properly verifies the employment eligibility of the individual who is being hued,consistent with the provisions of 8 U.S.C.1324a(a)(1)and(2). I B.Notify all persons associated with the recipient(or any subrecipient)who arc or will be involved in activities under this award of both-- (1)this award requirement for verification of employment eligibility,and (2)the associated provisions in 8 U.S.C.1324a(a)(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 ofthe associated provisions of 8 U.S.C.1324a(a)(1)and(2). i D.As part of the recordkeeping for the award(including pursuant to the Part 200 Uniform Requirements),maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements,as well as records of all pertinent notifications and trainings. 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition. 4.Rules of construction t A.Staff involved in the hiring process For purposes o1'this condition,persons"who are nr will he involved in aetivities under this award"specifically includes o,.,;d:i,ut Itmit tion,:gin :and all rc.tt;::t7;i,'I Jay':atht cilnrr,l i[itli;i.11 t•ai uthc�r 5ti:['1 who are or will ba involved in the � hiring process widl respect 10:1 position that is or will be funded(In whole or in part)with award fttnds. B.Employment eligibility confirmation with E-Verify For h,n'p{roe nt y [kt'vinL[ho rcqurroincia c fth[s eone,11r In n:,wdint,.rcrific:mnn 07�'tnp[m Illu[r[ai ihilu lhrt rrcipicn!(o ari) s:11tr cil icnl}to ly t h„c•e tv pas ticip.:'e[n.and t�e,L-V[.rt(y{w%+ v: crif .t!nt}.p1 ri diti.iS a[l cf:pn-l:rt.lrc p.r t ..'.r•1•�u[�c,l.-���„.r:L•,h:,li'r I[he!L�i6�i�'u[(�r �ttnr.i.thi:•ntl 11'J,Ir-'�rnly i tail ttillnws the prnncr 1=.•V_r[f�, Irr[rdute:r,inal'.i iisr��,:a tht c�c:.;c i•: 'Ti t::rn.Run ;ut1i:11;[ri�:1" :, . 'Fir:ri h!u[trurJirn r �u"'r r• �:Uri11Fn7 cIl.117[il)111C)1[cay',thiltty k r Cat�lti]nn RV,tur'[ +I_=.111cm a;the Ulwi;CJ Slates that[r.of »'lll hC ili n;t:•c1 f ir)%-,h, 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 OJP FORM 4000/2(REV 4-88) Department of Justice(DOJ) 'r= Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 7 OF 33 -' Grant f PROJECTNUMBER 2020-DJ-BX-0324 AWARDDATB 09/19/2020 SPECIAL CONDITIONS any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law. E.Nothing in this condition,including in paragraph 4.B.,shall be understood to relieve any recipient,any subrecipient at any tier,or any person or other entity,of any obligation otherwise imposed by law,including 8 U.S.C.1324a(a)(1) and(2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website(littps://www.e-verify,gov/)or email E-Verify at E-Verify@dlrs.gov,E-Verify employer agents can email 6- Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP,before award acceptance. I 10. Requirement to report actual or imminent breach of personally identifiable information(PH) i 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(PIT)"(2 CFR 200.79)within the scope of an OJP grant-funded program or activity,or(2)uses or operates a"Federal information system"(OMB Circular A-130).The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach,or the detection of an imminent breach. IL All subawards("subgrants")must have specific federal authorization The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for authorization of any subaward.This condition applies to agreements that--for purposes of federal grants administrative requirements--OJP considers a"subaward"(and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https:Hojp,gov/funding/Explore/SubawardAuthoTization.htm(Award condition:All subawards("subgrants")must have specific federal authorization),and are incorporated by reference here. 12. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed$250,000 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold(currently,$250,000).This condition applies to agreements that--for purposes of federal grants administrative requirements--OJP considers a procurement"crinlract"(and thercfore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an UJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement,htitl (Award condition:Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed$250,000)),and are incorporated by reference here. I i ON FORM 4000/2(REV.4-88) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 8 OF 33 Grant PROJECT NUMBER 2020-DJ-BX-0324 AWARD DATE 09/19/2020 { SPECIAL CONDITIONS 13. Unreasonable restrictions on competition under the award;association with federal government SCOPE.This condition applies with respect to any procurement of property or services that is funded(in whole or in part)by this award,whether by the recipient or by any subrecipient at any tier,and regardless of the dollar amount of the purchase or acquisition,the method of procurement,or the nature of any legal instrurent used.The provisions of this condition must be among those included in any subaward(at any tier). i 1.No discrimination,in procurement transactions,against associates of the federal government i 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 admire ster[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]ll procurement transactions[to]be conducted in a manner providing full and open competition"and forbidding practices"restrictive of competition,"such as"[p]lacing unreasonable requirements on firms in order for them to qualify to do business"and taking"[a]ny arbitrary action in the procurement process")--no recipient(or subrecipient,at any tier)may(in any procurement transaction)discriminate against any person or entity on the basis of such person or entity's status as an"associate of the federal government"(or on the basis of such person or entity's status as a parent,affiliate,or subsidiary of such an associate),except as expressly set out in 2 C,F.R. 200.319(a)or as specifically authorized by USDOJ. 2.Monitoring i The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. i 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition. 4.Rules of construction A.The term"associate of the federal government"means any person or entity engaged or employed(in the past or at present)by or on behalf of the federal gu\c'ri[[nenI--as an crnpiu�t%,(:0!1:r,[,:tnr or su'�Q-or55 ra cv.ii I a1:uiy tier),grunt recipient or-subrecipient(at any tier),agcal.Jr oth,!,wkc--nr[im&:Likit±:_tutY rcrrk,uru crd,:a[.:c[i•a Ly f_r,Or On behalf of(or in providing goods or services to or on behsli ot)line€'cdcr ail g;owln[nrent,:rid;[i1:1uJe1.rig appiwant 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. i OJP FORM 400012(REV 4-88) Department of Justice(DOJ) Office oflustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 9 of 33 Grant PROJEGTNUMBFR 2020-DJ-BX-0324 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 14. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and OJP authority to terminate award) '1 C r rpieait.:utd MV sulxo:!pi•;:raL f uh_rzr•tee")a![urn.•iirvr.nut':(conipiy xvitls all:ap}alscablc re llirernrr,[,(arcluding requimrr;u•m.lo rap,r'atic['.a[ionsr 1 rL:!i:'.ii:a:.10 pruhih!LC.I contlr.�[rela1e4![u:IL:u::r`'.5ckmr,«�i prr,un . clr�thcr on the p:[rt of rC ihl.:nts,r.-[xhr.xiPiCt:L ;s:6.r uuecs'y•;r Intilbtvtt:o!s dcfil[ti lei;r mart;. c>ul tivw conlhwtm}:N Crnptoyees" of the recipient or of any subrecipient. The details ofthe recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the 1 OJP web site at https:Hojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htin(Award condition:Prohibited conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP authority to terminate award)),and are incorporated by reference here. 15, Determination of suitability to interact with participating minors SCOPE.This condition applies to this award if it is indicated--in the application for the award(as approved by DOJ)(or in the application far any subawa'd,at any tier),the t7()1 funding,ill nnurlccrncnl f:-.1i Itution),or an I associated federal statute--that a purpose afsome or all of t€tC nLIL;i:ic_:c,lac G; rLc!d out under die award(whether by the recipient,or a subrecipient at any tier)is to benefit a set«rt ul.hcidDal;u di:f 18 years of ugv. The recipient,and any subrecipient at any tier,must make determinations of suitability before certain individuals may interact with participating minors. 'Ibis requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explorc/Interact-Minors.htm (Award condition:Determination of suitabil ity required,in advance,for certain individuals who may interact with participating minors),and art incorporated by reference here. ` 16. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and 1 other events The recipienl,and any ,itbre6picni("subimm(ce")at any tier,must comply Wish[tll silTlic:ble laws,re6ulations, poltc r wLaid utft.s;ll D"7t ru d.ur c iinrlucimi^hp4u!t C,A ltnlrty prior sir arm;tt and n.pntsirr rc.quir m nts,v-,hz•re alatatn. hlei n.n!nrr!rkr u.0 a Lrkr:rl t1111&for e•Rent C:;relate a,u ;un1Cs n . Its[h::[Lcn1l n dciin .:by D[)Jy, nt�luJin�,tJ1c pre}vtsrurr uFtcrod.cla•«,t ikCtc:a�ia a[sacil Caui.:rCners,ttnd Cns[::nl a!r:nJ:nr��t suth:.nt:fcrences. i 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 mainu[in data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the marmer(including within the timeframes)specified by OJP in the program solicitation or other applicable written guidance.Data collection supports compliance with the Government Performance and Results Act(UPRA)and the UPRA Modernization Act o1`2010,and other applicable laws. 18. OJP Training Guiding Principles Any training or training mauerifds that the rcripie-nt--or any subrecipient("subgrantee")at any tier--develops or delivers with OJP arwaid fiaadti trust adlacr.:to[I:c OJP Training Guiding Principles for Grantees and Subgrantees, available at hiips://ojp.gov/fimdinglimplement/TrainingPrinciplesForGrantccs-Subgrantees,htm, OJP FORM 4000/2(REV.4-88) •-. Department of Justice(DOJ) <. Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 10 OF 33 Grant PROJECTNUMBF,R 2020-DJ-BX-0324 AWARD DATE; 09/19/2020 SPECIAL CONDITIONS 19, Effect of failure to address audit issues l 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 of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high- risk"for purposes of the DOJ high-risk grantee list. 21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42 f The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an equal employment opportunity program. 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 54 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs." 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38 The recipient,and any subrocipient("subgranlee")at airy NQ,-must:,3 1j)!y%;iah all aipphk%4ble rCL'MrCni[:nt$of 28 C.F.R.Part 38(as may be applicable from time to lime!,�pccificalh,inc ludimi airy applicable rcgti rc nrnrti regarding written notice to program beneficiaries and prospective program beneficiaries. Currently,among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice.Part 38,currently,also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee")organizauw;:s t}kat r:,a r in or conduct c%phcilly rel:i_ious;r.:Ii�,itics,as well as rules and requirements that pertain to recipie=t irt,t ti h:cc1ptcnts that are fllkh-bxes,d or re[i}'c:'2i�4 ar;_ruiizations. The text of 28 C.F.R.Part 38 is available via the Electronic Code of Federal Regulations(currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under a-CFR"current"data. I I OJP FORM 4000/2(REV,4-88) r Department ofJustice(DOJ) Office of 3ustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE I OF 33 Grant i PROJECT NUMBER 2020-DJ-BX-0324 AWARD DATE 0 9/1 912 02 0 SPECIAL CONDITIONS 24. Restrictions on"lobbying" In general,as a matter of federal law,federal frmds 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, l modification,or adoption of any law,regulation,onpolicy,at any level of govemment.See 18 U.S.C. 1913.(There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would he barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient,or any subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending, or modifying any such award.See 31 U.S.C. 1352.Certain exceptions to this law apply,including an exception that applies to Indian tribes and tribal organizations. G 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 ofthese prohibitions,the recipient is to contact OJP for guidance,and may not proceed without the express prior written approval of OJP. 25. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2020)The recipient,and any subrecipient("subgrantec")at any tier,must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes.Pertinent restrictions that may be set out in applicable appropriations acts are indicated at bttps://ojp.gov/funding/Explore/FY20AppropriationsRestrictions.htm,and are incorporated by reference here,Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might fall within the scope of an appropriations-law restriction,the recipient is to contact OJP for guidance,and may not proceed without the express prior written approval of OJP. u 26. Reporting potential fraud,waste,and abuse,and similar misconduct The recipient,and any subrecipients("subgrantees")at any tier,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 mrinection with funds under this award-(1)subraitted 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,gramity,or similar misconduct. Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the OIG by--(I)online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select"Submit Report Online");(2)mail directed to:U.S.Department of Justice,Office ofthe Inspector General, Investigations Division,A` FN:Grantee Reporting,950 Pennsylvania Ave.,NW,Washington,DC 20530;and/or(3)by facsimile directed to the DOJ OIG Investigations Division(Attn:Grantee Reporting)at(202)616-9881(fax). Additional information is available from the DOJ OIG website at bttps://oig.justice.gov/hotline. I OJP FORM 4000/2(REV,4-88) -- - - - 7r Department ofJustiee(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 12 OF 33 Grant I PROJECTNUMBER 2020-DJ-BX-0324 AWARD DATE 0911 9/2 02 0 SPECIAL CONDITIONS 27. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient("subgramee")under this award,or entity that receives a procurement contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award,the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and b, certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only ifexpressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste, fraud,or abuse as described above;and (2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and b.it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. OJP FORM 4 W012(Rl-v.4-98) Departrnent of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE. 13 OF 33 Grant PRomc,rNUMBER 2020-DJ-BX-0324 AWARD DKM 09/19/2020 j SPECIAL CONDITIONS 28. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees) i The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41 U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal fiends,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 gran(. 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 ofthe period of performance under this award,the recipient must disclose that fact and certain related information to OJP by email at OJP.ColnplianceReporting@ojp.nisdoj.gov.For purposes of this disclosure,high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include the following: 1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency. i OJP FORM 4000/2(REV,4-88) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 14 OF 33 Grant PROJECI'NUMBER 2020-DJ-BX-0324 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 31. Authority to obligate award funds contingent on noninterference(within the funded"program or activity")with federal law enforcement:information-communication restrictions;unallowable costs;notification k 1.If the recipient is a"State,"a local government,or a"public"institution of higher education: A.The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient (or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that is funded wholly or partly with award funds is subject to any"information-communication restriction." B.Also,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to reimburse itself if--at the time it incurs such costs--the program or activity of the recipient(or of any subrecipient,at any tier, described in par. LA of this condition)that would be reimbursed wholly or partly with award funds was subject to any information-communication restriction. C.Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and each subrecipient (regardless of ticr)described in par. LA of this condition,is in compliance with the award condition entitled "Noninterference(within the funded'program or activity')with federal law enforcement:information-communication restrictions;ongoing compliance." D.The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the recipient,or of any subrecipient(at any tier)described in par. LA of this condition,may be subject to any information- communication restriction.Also,any subaward(at any tier)to a subrecipient described in paragraph LA of this condition 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 described in par.1.A of this condition must provide that the subrecipient 1 may not obligate award funds if,at the time of the obligation,the program or activity of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with award funds is subject to any information- communication restriction. 3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOI of compelling circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award funds that,under this condition,may not be made shall be unallowable costs for purposes of this award.In making any such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the"Noninterference...information- communication restrictions;ongoing compliance"award condition. !` 4.Rules of Constructions A.For purpn cs ofthis c,)ndituon"m1bnn:find-communication rcY1riction"has rhr me;mint set out in the "Nurrurt.:rlcrcnce... resurctions;onguing cornpli',urec"condition. B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference...infomnation- communication restrictions;ongoing compliance"condition are incorporated by reference as though set forth here in full. _ r+G1- ,'� ;u" ll.S.C rem ',`''�r�:+nENnLr:•S j4c•Ic• 11 J,J h:c� ._, h'r,r;u[L��JrG9,ra;:es a =of S.. .1 :.,dh+i. ug1:d? 70:' 'Jc'q L'c,l J+e rr`urr it a.<:u•ir.afvr gat.; ,t nt.i :Gfus:rr r orl;oseConri',n'sin F?2"20 JAG�mVM,s+tar!•Sootla[i.�dl['cr,„?J-iJ ecd iuh, e " u 4r po rn+,r,?lrl,,,,^.s.:*^:rr,•rr u!rng is in.effect. n ON FORM 4000/2(REV.4-88) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 13 OF 33 Grant PROJF.C•rNUMBER 2020-DJ-BX-0324 AWARD DATE 09/19/2026 i SPECIAL CONDITIONS 32. Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement: information-communication restrictions;unallowable costs;notification* 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 of the obligation,the"program or activity"of the recipient (or of any subrecipient at any tier that is a State,a local governmeW,or a public institution o l li�-,,her education)that is funded in whole or in past with award funds is subject to any Ini«rnalion-coin:nurlicartt l;restrie ti rl." B.In addition,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to reimburse itself if--at the time it incurs such costs--the program or activity of the recipient(or of any subrecipient, at any tier,described in paragraph 1,A ofthis condition)that would be reimbursed in whole or in part with award funds was subject to any information-communication res(riction. C.Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation by tlu�reJpient to OYP that,as❑f dic dote the rc6picnt requQgts the drawdown,the recipient mid each 4ubreeipwra 10-,;;rrdless of tier)described in pi[[-Irra.p11 I e c:r'tlus entldl Uril. I:+1ri L�,111111]6111d17 IVl ill Ilic awur rd o',iid3[I OII e:'.lt,ic l"No lia_of tiro d,S To intcl-cre w11I1 ta'11Cr.11 i:il': Vrlg'Oing CJr11111!X1tX," I D.The recipient must promptly notify OR(in writing)if the recipient,from its requisite monitoring of compliance with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the recipient,or of any subrecipient(at any tier)described in paragraph].A ofthis condition,may be subject to any information-communication restriction.in addition,any subaward(at any tier)to a subrecipient described in paragraph LA ofthis condition must require prompt notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an information-communication restriction. 2-Aa•;suL,rc::u`d(;t:Inv LI r)10 a subrCl:iptc+rlt descrihed In iaa:itgroph 1 A M dik eruditic:rl must lirnaidlr hat the sublLl.11HCl:t limy 11 'L ci 11('lt...V 3r-1[aad} f it t$C rinie of dl hll :1[a : ihcl pri im or aC i rry o i A wbiccipicrit (Or }t nil'liirilicr ,Leh lf.r..i llryltill :II•lny Itc:Y that is 1 Illdod if]Nl11i.11L'Of ill[i.SR 441111 w::_r,3 Molt.1,.tiLib,cetto ally information-communication restriction. 3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling cir..lmrdacc ::it g.:r sanall amnunt of aw' rd fonds 011h,�ted by the recipient at the time of a subrecipient's minor and trr:utitE rn a]li-cnmpil;lrxc.v.hlrh iv::r: :r. r,n.,n to ihi,re.ahient despite diligent monitoring),any obligations ofaward fund,that,undl_r this cnlrdltion,may not be made shall he unallowable costs for purposes ofthis award.In making any such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring ofsubrecipicnt compliance with the requirements set out in the"No use of funds to interfere... information-communication restrictions;ongoing compliance"award Condition. 4.Rules of Construction A.For purposes ofthis condition"information-communication restriction"has the meaning set out in the"No use of funds to interfere...information-communication restrictions;ongoing compliance"condition. B.Both the"Rules of Construction"and the"Important Note"set out in the"No use of funds to interfere... information-communication restrictions;ongoing compliance"condition are incorporated by reference as though set forth here in full. c Ir rue c!hY+J''u,4u,ir+�rd':t} n!:r:ree;!d! rn•;n:�;m v las desig ah!x M Evdrsi:5n v F anrr roc'3pscaiGr7rlatlarrs3fflrr ,y1r41anrl7t?fherealNor,gr"ienftnijundfrn ". F,rlyn a lion otffiu,a 1.ailifl!lens xJ FY2020 JAG 8whrdb soa!!St+r of Cortrlii+ons 37 41 and 70 to enfo ccd a ai 1„t r!1,rcr;uo np/u lstli f+oas while fh3t opine Is 111 efrad OJP FORM 4000/2(REV 4-88) Department of Justice(DOJ) Office ol'Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 16 OF 33 '. Grant PROJECT NUMBER 2020-DJ-BX-0324 AWARD DATE 09/19/2020 SPF,CL4L COME)MONS 33. Noninterference(within the funded"program or activity")with federal law enforcement:information-communication restrictions;ongoing compliance 1.With respect to the"program or activity"fimded in whole or part under this award(including any such program or activity of any subrecipient at any tier),throughout the period ofperfomtance,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 to/from DHS;or(2)a government entity or-agency front sending,requesting or receiving,or exchanging information regarding immigration status to/from/with DHS,or from maintaining such information.Any prohibition(or restriction)that violates this condition is an"information- communication Iestriction"under this award. 2.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3.Allowable costs.Compliance with these requirements is an authorized and priority purpose of this award.To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a local government,or a public institution ofhigher education,incurs to implement this condition. 4.Rules of Construction A.For purposes of this condition: (1)"State"and"local government"include any agency or other entity thereof(including any public institution ofbigher education),but not any Indian tribe. (2)A"public"institution of higher education is defined as one that is owned,controlled,or directly funded(in whole or I 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.") I (3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a). (4)"Immigration status"means what it means under 8 U.S.C. 1373 and 8 U.S.C.1644;and terms that are defined in 8 U.S.C.1101 mean what they mean under that section 1101,except that"State"also includes American Samoa. (5)"DHS"means the U.S.Department of Homeland Security. 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 higlier education,or any other entity(or individual)to violate any federal law,including any applicable civil rights or nondiscrimination law. 1MPOR"CANT NOTE:Any questions about the meaning or scope ofthis condition should be directed to OJP,before award acceptance. crap?3nca orFY 2020 JAG;r'vv�ryr by L'S.Gxilerev;t:r.r�fai:+yur5 r.;r;,fter;,(as design l,3d rn Evans?ori v.5aa)s h I,'not ba cc),]Oued a; rc;;r; tancr er Special Co rid ilio 3`throuy 41,anti 70 U;eo-aoi.Nor,;,imn in o!fixi,in Cne b lig vicn,agars!ina`uarun cAG5os2 cor±driers in FY 2020!AG a.rards,:;I abi Sr;HCiBb cor;Otica.;31,41 turd 70 br eniorr,ad agc;ht t?he i,;;ouii ry,risdic?:_vis wh;�!O ti;3t OJP FORM 400012(REV,4-88) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 17 OF 33 Grant PROJECTNUMBER 2020-DJ-BX-0324 AWARD DATE 09/19/2020 SPECIAL.CONDITIONS 34. No use of funds to interfere with federal law enforcement:information-communication restrictions;ongoing compliance 1.Throughout the period of performance,no State or local government entity,-agency,or-official may use funds under this award(including under any subaward,at any tier)to prohibit or in any way restrict--(1)any government entity or-official from sending or receiving information regarding citizenship or immigration status to/from DES;or (2)a government entity or-agency from sending,requesting or receiving,or exchanging information regarding immigration status to/from/with DHS,or from maintaining such information.Any prohibition(or restriction)that violates this condition is an"information-communication restriction"under this award. 2.The recipient's monitoring responsibilities•include monitoring of subrecipient compliance with the requirements of this condition. 3.Allowable costs.Compliance with these requirements is an authorized and priority purpose of this award.To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a local government,or a public institution of higher education,incurs to implement this condition. 4.Rules of Construction A.For purposes of this condition: (1)"State"and"local government"include any agency or other entity thereof(including any public institution of higher education),but not any Indian tribe. (2)A"public"institution of higher education is defined as one that is owned,controlled,or directly funded(in whole or in substantial part)by a State or local government.(Such a public institution is considered to be a"government entity," and its officials to be"government officials.") (3)"Program or activity"means what it means under title V]of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a). (4)"immigration status"means what it means under 8 U.S.C. 1373 and 8 U.S.C.1644;and terms that are defined in 8 U.S.C.1101 mean what they mean under that section 1101,except that"State"also includes American Samoa. (5)"DHS"means the U.S,Department of Homeland Security. B,Nothing in this condition shall be understood to authorize or require any recipient,any suhiccenicnl at any tier,any Stale or local goyemment,any public institution of higher education,or any other entity(or RldiV i,irk,.:)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. 'Accarfanca cf l 2" 20 JAG awards by U S Gonfercnc9!ifAdayoc>TErYf!ierS(a',dr,'9lgnated In cVi3riS!f:n v.&rr,,,4:0 n0!be Construed ar, acceptance o!5perial'.:ondilions 31 IhroUgh 41 and 701herer1.Nor given the injunction,cur(enriy in effect,in fire Migatio n;a9auiq inclusion c!Ihoss ccnd,Pan;in i Y 202C LAG awards,shah Special Condihbr)c 1.41 and 70 be enforced against the frrcycin91uri,rlic!ions whir:'fhtd rOng is in eN.ecf_ OUP FORM 4000/2(REV.4-88) I Department of Justice(DOJ) Office,ofJusticePrograms AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 18 OF 33 w•`' Grant PROJECT NUMBER 2020-DJ-BX-0324 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 35. Noninterference(within the funded"program or activity")with federal law enforcement:No public disclosure of certain law-enforcement-sensitive information SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the award,as or 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 time purposes and objectives of federal law enforcement statutes and federal criminal law(including 8 U.S.C.1324 and 18 U.S.C.chs. 1,49,227),no public disclosure may be made of any federal law-enforcement information in a direct or indirect attempt to conceal,harbor,or shield from detection any fugitive from justice under 18 U.S.C.ch.49,or any alien who has come to,entered,or remains in the United Slates in violation of 8 U.S.C.eh,12-- without regard to whether such disclosure would constitute(or could form a predicate for)a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C.1324(a). 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this condition. 4.Rules of construction A.For purposes of this condition-- (1)the term"alien"means what it means under section 101 of die Immigration and Nationality Act(see 8 U.S.C, 1101(a)(3)); (2)the brrin"li•dcral l.'1mo-cnf0menlcnt infornmation"means is w-cn a+rCemeru-sensi[ive iz i'ummlion C0TTt111'H',1C;!rcd or made•:n ailable.Iry 1It, 1cderal 7,a i nrucu[,to a State or local t;wvc:nuilciTC r11J.1Iy.-;:r;rnc:y,ur-nilicl:Il,thr:r-;uh:0tr means,including,without limitation--(1)through any data15L,w t-21 i11 a:ulccti.:n rith arty law Cr.fiuC en:en: l*o11::r.htp or-!rFl:-force,(3)in connection with any request Im law errt'orcenner.t as a.anu or-a10pc1 a1a(111,ur i 4) thrOU'h'sM kfcC.Tnlliction(or courtesy)notice ofplanuccl.immiiir?:t,commencinp,crurliiiim::g,of impending federal law enforcement activity; (3)the term"law-enforcement-sensitive information"means records or information compiled for any law- enforcernent 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 time"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded "program nr ACIMW)W1111 fudcral law enti rc::mcnr•information-comtnuttiratian restrictions:ongoing comj)hiwLa"av-ard conditi;,u err imcrpur:mrcd b?. tcf rnaiCC rrs thuoglt SCt ti'rlh hO-L'tT1 hall. r. _ ,o root, >in:aA•.. . ... - . OJP FORM 400012(REV,4-88) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 19 or 33 f. Grant _ .... - ..................... PROJEC"I'NUMBER 2020-DJ-BX-0324 AWARD DATE 0 9/1 912 02 0 SPECIAL CONDITIONS 36, No use of funds to interfere with federal law enforcement:No public disclosure of certain law-enforcement-sensitive information , SCOPE.This condition applies as of the date the recipient accepts this award,and throughout the remainder of the period of performance.Its provisions must be among those included in any subaward(at any tier). I 1.No use of funds to interfere:No public disclosure of federal law-enforcement information in order to conceal, harbor,or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law(including 8 U.S.C. 1324 and 18 U.S.C.chs. 1,49,227),no funds under this award may be used to make any public disclosure of any federal law-enforcement information in a direct or indirect attempt to conceal,harbor,or shield from detection any fugitive from justice under 18 U.S.C.ch.49,or any alien who has come to,entered,or remains in the United States in violation of 8 U.S.C.ch. 12--without regard to whether such disclosure would constitute(or could form a predicate for)a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C.1324(a). 2.Monitoring I The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition, 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this condition. 4.Rules of construction A.For purposes of this condition-- (1)the term"alien"means what it means under section 101 ofthe 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--(1)through any database,(2)in connection with any law enforcement partnership or-task-force,(3)in connection with any request for law enforcement assistance or-cooperation,or(4) through any deconfliction(or courtesy)notice 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 i (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. 4 f B, Both the"Rules of Constriction"and the"Important Note"set out in the"No use of funds to interfere with federal law enforcement:information-communication restrictions;ongoing compliance"award condition are incorporated by reference as though set forth here in full. Acce�,!a!;ca oiF'y 2020J. G srlar;;t by L'.S u,un.ersr,,.o o.::-;asu ilher IaL das0n-de:.In tvatslfr;d.Br�:r;s;ah n., Lc<;;crs rueri as a:;c,n"nr:e m,pe,ar „pr3,drz`fvuts 3?;h?p;p,i1 41 t;nii 7c:i.�;�;ro;.Acr::wcr,:6e irr!u;ralon,rcoaenfly u;nl,aGl,,n!he llhr•r,run,a a;n:.Ir';crus?i,n c;(hose cordhcn2ln FY2020 J!+{i awards,shall , ermk-W "a'lior,3 r-41 ana T.i ho,,^.n?;rc2d nga4lsf the Iorcoafng 1,w1.srk1io?,s 26/e 0V r:i'lr?U/s rn Bltf;r [r t�. ON FORM 4000/2(REV.4-88) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 20 OF 33 Grant —— — _.......... — PROJECTNUMBER 2020-DJ-BX-0324 AWARD DATE: 0911 9/2 02 0 SPECIAL CONDITIONS 37. Noninterference(within the funded"program or activity")with federal law enforcement:Notice of scheduled release SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the award,as of the date the recipient accepts the award,and throughout the remainder of the period of performance.Its provisions must be among those included in any subawnrd at any tier, 1.Noninterference with"removal"process:Notice of scheduled release date and time Consonant with federal law enforcement statutes--including 8 U.S.C.1231(for an alien incarcerated by a State or local government,a 90-day"removal period"during which the federal government"shall"detain and then"shall" remove an alien from the U.S."begins"no later than"the date the alien is released from...confinement";also,the federal government is expressly authorized to make payments to a"State or a political subdivision of the State...with respect to the incarceration of[an]undocumented criminal alien");8 U.S.C. 1226(the federal government"shall take into custody"certain criminal aliens"when the alien is released");and 8 U.S.C.1366(requiring an annual 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 1 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. �I 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this condition. 4.Rules of construction A.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. B.Applicability (1)Current DIIS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least 48 hours,if possible)."(See DHS Form 1-247A(3717)).If(e.g.,in light of the date DHS made such request)the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested,it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2)Current DHS practice is to use the same form for a second,distinct purpose--to request that an individual be detained for up to 48 hours AFTER the scheduled release.This condition does NOT encompass such DHS requests for detention. C.Both the"Rules of Construction"and the"Important Note"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 of FY 2020 JAG awards by U.S Confe-4ence of btayofs members(as desrflr!ated!ii Evanston v P,aa)shall not be rnnsbucd as acceptance of Special Cond!frans t lh ,u;1r!11 and 79 f,^efP.O!Nor qwenlhpinftm tion,mr.,enflyfn eflrv;f,i;the f ligati n o0au!sl inrhr;!on o!fi;ose rond!;iors is F1'101'JAC aw,vtfs,chat!S :ri41 a1d!firulc J'•,i and 70 be enforced agaiast theiaru�Ckrglrm fc6ons wh le that rufrlog,s i^Plied. .. OJP FORM 400012(REV.4-88) v� Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION { Bureau of Justice Assistance SHEET PAGE 21 OF 33 ! Grant PROJEC•1'NUMBER 2020-DJ-BX-0324 AWARD DATE 09/19/2020 SPGCIAL CONDITIONS 38. No use of funds to interfere with federal law enforcement:[Notice of scheduled release SCOPE.This condition applies as of the date the recipient accepts the award,and throughout the remainder,of the period of performance.Its provisions must be among those included in any subaward at any tier. 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"tile date the alien is released from...confinement';also,the federal goverment is expressly authorized to make payments to a"State or a political subdivision of the State...with i 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 report to Congress on"the number ofillegal alien[felons]in Federal and State prisons"and programs underway"to ensure the prompt removal"from the U.S.of removable"criminal aliens")--no State or local government entity,-agency,or- official(including a government-contracted correctional facility)may use funds under this award to interfere with the "removal"process by failing to provide--as early as practicable(see para.4.C.below)--advance notice to DHS of the scheduled release date and time for a particular alien,if a State or local government(or government-contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this condition. 4.Rules of construction I A.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. B.Applicability (1)Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least 48 hours,if possible)."(Sec DHS Form I-247A(3/17)).if(e.g.,in light of the date DHS made such request)the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested,it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2)Current DI IS 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. C.Both the"Rules of Construction"and the"Important Note"set out in the"No use of funds to interfere with federal law enforcement:Interrogation of certain aliens"award condition are incorporated by reference as though set forth here in full. 'Acc !ame of FY 2620 J4G nv)ards by I,.;S.C011famore of/dayors members{as-designe!ed in Evanrfen v.Bart)shah not bs conslruav as arrep?anc'e of Specs! �XvNions 31 lnrougr 45 and iri 0)ereof N(.r,grvan the rnjUr)d10n,currom!y In ofYer.!,In the 11llgafion,agu?rsf Inclusion of fhose coDdlllons In FY 2020 JAG awards,sha?? 1 dial'CaadrF�s 3td I and?0 ne en?crcad against Iho lOregrnng jur?sdidions v�hi?e thaf ruling is di effec!. 1 OJP FORM 4000t2(REV,4-88) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION =F Bureau of Justice Assistance SHEET PAGE 22 OF 33 Grant i PROJECT NUMBER 2020-DJ-BX-0324 AWARD DATE 09/19/2020 SPECIAL CONDITIONS I 39. Noninterference(withhl the funded"program or activity")with federal law enforcement:Interrogation of certain al iens' SCOPE-This condition applies with respect to the"program or activity"funded(wholly or partly)by this award,as of the date the recipient accepts the award,and throughout the rest of the award period of performance.Its provisions must be among those included in any subaward(at any tier). i 1.Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations--including 8 USC 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 U.S.,and 8 CFR 287.5(a),under which that power may be exercised"anywhere in or outside"the U.S.--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 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 j reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this 4 condition. 4.Rules of construction A.For purposes of this condition: (1)The term"alien"means what it means under sec. 101 of the Immigration and Nationality Act(INA)(8 USC 1101(a)(3)),except that,with respect to a juvenile offender,it means"criminal alien." (2)The term"juvenile offender"means what it means under 28 CFR 31.304(f)(as in effect on Jan.1,2020). (3)The term"criminal alien"means,with respect to ajuvenile offender,an alien who is deportable on the basis of- (a)conviction described in 8 USC 1227(a)(2),or (b)conduct described in 8 USC 1227(a)(4). (4)The term"conviction"means what it means under 8 USC 1101(a)(48).(Adjudication of a juvenile as having committed an offense does not constitute"conviction"for purposes of this condition,) (5)The term'correctional facility"means what it means under 34 USC 10251(a)(7))as of January 1,2020. (6)The term"impede"includes taking or continuing any action,or implementing or maintaining any law,policy,rule, or practice,that- (a)is designed to prevent or to significantly delay or complicate,or t ] p g ay g plicating, h h1ti the effect of rtt�cntir+ a!of si?niticantfy de In or corn ;,,. fS .{alC�nunam3l'h�ib hitanu ... Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 23 OF 33 +:t Grant PROJF.CTNUMBER T2020-DJ-BX-0324 AWARD DATE 09/19/2020 I SPECIAL CONDITIONS fJ (7)"State"and"local government"include any agency or other entity thereof(including any public institution ofhigher 4 education),but not any Indian tribe. l (8)A"public"institution of higher education is 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.") (9)"Program or activity"means what it means under 42 USC 2000d-4a. 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 ofhigher 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. 'ACrepfancr;of FY 2020 JAG awards by U.S.Conference ofMaycrs mombers(as designated in Evanston v.8arr)shal'not be construed as ac:eptance of Spacial Conditions 31 through 41 and 70 theraof Nor,given the injunction:currently in effect,in the litigelion,against inclusion of those conditions in FY 2020 JAG awards,shall Special Conditions 31.41 and 70 be enforced against the faegoingjurisdictions white that ruling is in e d. r OR FORM 4000/2(REV 4-99) Department of Justice(DOJ) Office ofJustice Programs AWARD CONTINUATION 'z .► Bureau of Justice Assistance SHEET PAGE 24 OF 33 Grant PROJECTNUMBER 2020-DJ-BX-0324 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 40. No use of funds to interfere with federal law enforcement:Interrogation of certain aliens SCOPE.This condition applies as of the date the recipient accepts this award,and throughout the remainder of the period of performance for the award.Its provisions must be among those included in any subaward(at any tier). 1.No use of funds to interfere with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations--including 8 USC 1357(a),under which certain federal officers and employees"have power without warrant...to interrogate any alien or person believed to he an alien as to his right to be or to remain in the United States,"and 8 CFR 287.5(a),under which that power may be exercised "anywhere in or outside the United States"--no State or local government entity,-agency,or-official may use funds under this award to interfere with the exercise of that power to interrogate"without warrant"(by agents of the United States acting under color of federal law)by impeding access to any State or local government(or government- contracted)correctional facility by such agents for the purpose of"interrogat[ing]any alien or person believed to be an alien as to his[or her]right to be or to remain in the United States." 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)ofactions(e.g.,training)designed to ensure compliance with this condition. 4.Rules ofconstruction A.For purposes of this condition: (1)The term"alien"means what it means under section 101 of the Immigration and Nationality Act(INA)(8 USC ' l I01(a)(3)),except that,with respect to a juvenile offender,it means"criminal alien." (2)The term"juvenile offender"means what it means under 28 CFR 31.304(f)(as in effect on Jan.1,2020). P d (3)The term"criminal alien"means,with respect to a juvenile offender,an alien who is deportable on the basis of— (a)conviction described in 8 USC 1227(a)(2),or (b)conduct described in 8 USC 1227(a)(4). (4)The term"conviction"means what it means under 8 USC 1101(a)(48).(Adjudication of ajuvenile as having committed an offense does not constitute"conviction"for purposes of this condition.) (5)The term"correctional facility"means what it means under the title I ofthe Omnibus Crime Control and Safe Streets Act of 1968(34 USC 1025l(a)(7)). i 6 The term"impede"includes taking or continuing an action,or implementing or maintaining an law,policy,rule, ' ( ) P g g Y P g g Y P Y, or practice,that— (a)is designed to prevent or to significantly delay or complicate,or "Ac-owia c oh-1,V0 JAG owtrni;b/(i: i'a,;ae rn:a?;;y;u!acans!on v.E;''srri si•iA n„t br;a;rs!?u u:;:etrrrarr;a of snr:!:0; m f6on&3'l;n!: h 41 ar;d ii tl!erea,'.':or rvs:,sh:rn;u^C!o-! a:rre;i!!y;� `meet..;l;e 6!i;�aiio!!,a ,%vs!;ncit sicr,c!thi'5E-rondifie;;,r.;F'r W20 JAG a:eares,calf " 4,e Ear"�: OJP FORM 4000/2(REV,4-88) `s Department of Justice(DOI) Office of Justice Programs AWARD CONTINUATION . = Bureau of Justice Assistance SHEET PAGE 25 OF 33 Grant PROJECTNUMBER 2020-DJ-BX-0324 AWARD DATE 09/19/2020 I SPECIAL CONDITIONS (b)has the effect of preventing or of significantly delaying or complicating. (7)"State"and"local government"include any agency or other entity thereof(including any public institution of higher education),but not any Indian tribe. (8)A"public"institution of higher education is defined as one that is owned,controlled,or directly funded(in whole or in substantial part)by a Stale or local government.(Such a public institution is considered to be a"government entity," and its officials to be"government officials.") (9)"Program or activity"means what it means under 421JSC 2000d-4a. 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. 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 j "public"institution of higher education,unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as"Information regarding Communication with the Department of Homeland Security(DHS)and/or Immigration and Customs Enforcement(ICE)."All subrecipient responses must be collected and maintained by the recipient,consistent with document retention requirements,and must be made available to DOI upon request.Responses to these questions are not required from subrecipients that are either a tribal government/organization,a nonprofit organization,or a private institution of higher education. 42. Cooperating with OJP Monitoring The recipient agrees to cooperate with OR monitoring of this award pursuant to OJP's guidelines,protocols,and procedures,and to cooperate with OJP(including the grant manager for this award;rrtd nc-.Office of Chief Financial Officer(OCFO))rcq=its related to such monitoring,including requests relaicd to desk reviews and/or site visits.The recipient agrees to provide to ON all documentation necessary for OJP to complete its monitoring tasks,including documentation related to any subawards made under this award.Further,the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents.Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOI awards,including,but not limited to:withholdings and/or other restrictions on the recipient's access to award funds;referral to the DOI OIG for audit review;designation of the recipient as a DOI High Risk grantee;or termination of an award(s). Ar,�:ep!anca oIF/2u211 JAG sword;:f!y ii 5 G;.nlrmnca old�ayor.,mrm�2�(ns de,^,ignaled ul cvansfon v.5an shah rrl he canslnled es acceptance of Special cend.,("s.i i ihrough 4'and?O thereof,i,br,giver,the injunction;currently in Ofecl,in the i ligafon:ngoinst inclwlo:n, or/floss ecnddions in Fir 2L'2t)J;G a:vards,shall Special l cvidiuons?t-41 and 10 be enlorced ag:+ins€line rorP7oir,?iurisdiclirns while that s 17;1i11 i IS i!1!'hi Ct, ` OJP FORM 4000/2(REV.4-88) i Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 26 OF 33 Grant i i PROJECTNUMBER 2020-DJ-BX-0324 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 43. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards("subgrants")of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds. The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. i 'Phis condition,including its reporting requirement,does not apply to--(1)an award ofless than$25,000,or(2)an award made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). ' 44. Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes,regulations,award conditions,and the DOJ Grants Financial Guide,and must include the applicable conditions of this award in any subaward.Among other things,the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients.The recipient agrees to submit,upon request,documentation of its policies and procedures for monitoring of subawards under this award. 45. Use of program income Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of the Part 200 Uniform Requirements.Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report,SF 425. 46. Justice Information Sharing Information sharing projects funded under this award must comply with DOPs Global Justice Information Sharing Initiative(Global)guidelines.The recipient(and any subrecipient at any tier)must conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at:https://it.ojp.gov/gsp_grantoondilion, 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. 47. Avoidance ofduplication ofnetworks To avoid duplicating existing networks or 17'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 w 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 fitnctionality of an existing or proposed i'f'system- 48. Compliance with 28 C.F.R.Part 23 With respect to any information technology system funded or supported by fluids under this award,the recipient(and i 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 regulatim Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 34 U.S.C. 1023 1(c)-(d). The recipient may not satisfy such a fine with federal funds. ._.............. •rr✓�L�_T O1P FORM 4000/2(REV.4-88) �� Department ofJustice(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 27 OF 33 Grant PROJECT NUMBER 2020-DJ-BX.0324 AWARD DAIT 0 9/1 912 020 SPECIAL CONDITIONS 49. Protection of human research subjects The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R.Part 46 and all OJP policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent. 50. Confidentiality of data The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of34 U.S.C.10231 and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.The recipient further agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular,28 CY R,22.23. 51. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address.If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes. 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 oulnie(interne:-based)task force training.Additicmally.::tI :iaturc task force members must complete this training once dLnii}•the lro.riod ofperformance for this aw:ij-d,or oiwe ivery four ye:lrs it mulup]e OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership(www.ctfli.org).The training addresses task force effectiveness,as well as other key issues including privacy and civil liberties/rights,task force performance measurement,personnel selection,and task force oversight and accountability.If award funds are used to support a task force,the recipient must compile and maintain a task force personnel roster,along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership(www.ctfli.org). I 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 OJP program office prior to obligation or expenditure of such funds. i OJP FORM 400012(REV.4-88) Department of Justice(DOI) ` Office of Justice Programs AWARD CONTINUATION j Bureau of Justice Assistance SHEET PAGE 28 OF 33 I Grant ... ----- PROJECT NUMBER 2020-DJ-BX-0324 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 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 ofminor and transitory non-compliance,the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition(including subrecipient compliance).DOI will give great weight to any such evidence in any express written determination regarding this condition. i I I __ ....... __....._ OJP FORM 4000/2(REV.4-88) Department of Justice(DOJ) Office ofJustice Programs AWARD CONTINUATION '� `r► Bureau of Justice Assistance SHEET PAGE 21)OF 33 Grant PROJECT NUMBER 2020-DJ-BX-0324 m, AWARD DATE 09/19/2020 SPECIAL CONDITIONS 55. Compliance with National Environmental Policy Act and related statutes i 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 1 the award,the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below,whether or not they are being specifically funded with these award funds.That is,as long as the activity is being conducted by the recipient,a subrecipient,or any third party,and the activity needs to be undertaken in order to use these award funds,this condition must first be met.The activities covered by this condition are: a.New construction; i b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments;and e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetarnine 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:/Ibja.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 rerinired to r°slahlish a frost 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 i Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the award funds in the trust fund(including any interest carried)during the period ofperformance 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. _ __............. _ 4 ' OJP FORM 4000/2(REV-4.88) I Department of Justice(DOJ) Office ofJustice Programs AWARD CONTINUATION r Bureau of Justice Assistance SHEET PAGE 30 OF 33 i Grant I I PROJECI'NUMBER 2020-DJ-BX-0324 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 4 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 I 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/technology/body-armorA'ages/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 ofbody armor may impact eligibility for funding under the Bulletproof Vest Partnership(BVP)program,a separate program operated by BJA,pursuant to the BVP statute at 34 USC 10531(c)(5). 61. Reporting requirements The recipient must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through OJP's GMS(https://grants.ojp.usdoj.gov).Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,the recipient must provide data that measure the results of its work.The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool(PMT)website(https://bjapmt.ojp.gov/).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 enforeetrtettl agerwy r aceiving duvet ui sub-awarded fund'u1g fiuru Uris JAG award inust 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. 1 ___ _ ....... OJP FORM 4000/2(REV,4-88) Department of Justice(DOJ) OfTce of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 3l OF 33 Grant PROJECTNUMBER 2020-DJ-BX-0324 AWARD DKIT 09/19/2020 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, JAG FY 2020-Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,2019[BJA] Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,2019 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 1,2019),however,the recipient may choose to incur project costs using non-federal fiends,but any such project costs are incurred at the recipient's risk until,at a minimum--(1)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions are removed by OJP(via a Grant Adjustment Notice).(A withholding condition is a condition in the award document that precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the condition is removed.) V 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 ofthis award and OR removes each applicable withholding condition through a Grant Adjustment Notice,the recipient is authorized to obligate(federal)award funds to reimburse 1 itself for project costs incurred"at-risk"earlier during the period ofperformance(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. 65, Use of fiords for DNA testing;upload of DNA profiles If award funds are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System("CODIS,"the DNA database operated by the FBI)by a government DNA f laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may i be accepted for entry into CODIS. i 66. Encouragement of submission of"sucess stories" BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success story,sign in to a My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form.If the recipient does not yet have B My BJA account please register at https://www,bja.gov/pro file.asspx.Once registcrcd,one of the availablewtas on tine My BJA page will be"My Success Stories."Within this box,there is an option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the BJA Success Story web page at https://www.bja.gov/SuccessStoryI.ist.aspx. OJP FORM 4000/2(REV,4.88) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION Y Bureau of Justice Assistance SHEET PAGE 32 OF 33 Grant PROJECrNUMBER 2020-DJ-BX-0324 AWARD DATE 09/t9/2020 SPECIAL CONDITIONS 67. 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-I,LL)form,and OJP has issued a Grant Adjustment Notice to remove this special condition. 68. Withholding offunds:Disclosure ofpending applications The recipient may not obligate,expend,or draw down any award funds until:(1)it has provided to die grant manager for this OJP award either an"applicant disclosure of pending applications"for federal funding or a specific affu-mative statement that no such pending applications(whether direct or indirect)exist,in accordance with the detailed instructions in the program solicitation,(2)OJP has completed its review ofthe information provided and of any supplemental information it may request,(3)the recipient has made any adjustments to the award that ON may require to prevent or eliminate any inappropriate duplication of funding(e.g„budget modification,project scope adjustment), (4)if appropriate adjustments to a discretionary award cannot be made,the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication(as determined by OJP),and (5)a Grant Adjustment Notice has been issued to remove this condition. 69. Withholding offunds:Required certification from the chief executive of the applicant government I The recipient may not obligate,expend,or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government,"properly-executed(as determined by OJP),and a Grant Adjustment Notice(GAN)has been issued to remove this condition. 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 Iiomeland Security(DIIS)and/or Immigration and Customs Enforcement (ICE.,),"and has issued a Grant Adjustment Notice(GAN)releasing this special condition. 71. Withholding offunds: Memorandum of Understanding The recipient may not obligate,expend,or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding(MOU),and a Grant Adjustment Notice(GAN)has been issued to remove this condition. Aricn,';mCC cf c y:%fi2il,It--; awards I;y li.S Confoenae,of!u';yor.,rnemi)eI s(a;desi("nt,ted it)Evan:;'cr;i'.3 r)VioY nvf bo roratnrsd as ac;:%pfancs o`S,rcrn!COn(!ifiC:!S 31 I+vcugt 4 t and 7() P4Oi titt(1 in/unction,curtao!!y ir;of ed,in the!ific;�lror!:a9ains!inriusion o`titose conditi ns n!FY 202[QAG at+ rd;;;sirtt!Sp::ria!Cor;itirnt:31.41,❑d 7)bo enforced ag;;in;.f fnr,>r,^.,F ring jurir;drGons shre till! rilin i;,rn r;>;ecl. —— OJP FORM 4000/2(REV 4-89) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 33 OF 33 Grant PROJEC'rNUMBER 2020-DJ-BX-0324 AWARD DATE 0911912020 SPECIAL CONDITIONS 72. 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 oo either this ON award or any other grant,cooperative agreement,or procurement contract from the federal government.Under certain circumstances,recipients of ON 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,"FAPQS"). 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 ON web site at https://ojp.gov/fanding/FAPIIS.htm(Award condition: Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporated by reference here. OJP FORM 4000/2(REV.4•88) COUNCIL MEETING DATE: April 20, 2021 ITEM#: 5 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE GRANT(JAG)PROGRAM FOR FISCAL YEAR (FY)2020 POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department accept the MoU Contract for the Edward Bryne Memorial Justice Assistance Grant(JAG) Grant for FY 2020? Acceptance of grant requires no matching funds. COMMITTEE: PARKS,RECREATION,HUMAN SERVICES AND PUBLIC MEETING DATE: SAFETY COUNCIL COMMITTEE—(PRHS&PSC) April 13,2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DIANE C. SHINES,CIVILIAN OPERATIONS MANAGER DEPT: POLICE Attachments: 1. PRHS & PSC Staff Report 2. 2020 JAG Contract MOU 3. FY20 Justice Assistance Grant Program Award #2020-DJ-BX-0324 with footnotes- Executed. 4. Copy of Budget Detail Worksheet—2020 JAG Options Considered: 1. Approve the FY 2020 JAG Grant 2.ReReject the FY 2020 JAG Grant MAYOR'S RECOMMENDATION: Option 1, MAYOR APPROVAL: it DIRECTOR APPROVAL: Cunt shirr Gnu cil Lnititil�'D Inw;tLlDatc Initial/Date Covinlrr"rEE RECOMMENDATION: "I move to forivord the Fiscal Yecn' 2020 JAG Grant to the April 20, collsent ugendu for•approval. ' Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Fiscal Year 2020 JAG Grant, and authorise the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) I`�C:IL AC'TIL in 1 APPROVE. �I�I'(/1 COUNCIL BILL DENIED First reading ❑ "I'ABI,ED/DI?FERRED/NO ACTION Enactment reading ❑ \10VED TO SECOND READING(ordinances only) ORDINANCE# 1U?VIS1'D- 11/2019 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: March 15, 2021 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: FY 2020 Edward Byrne Memorial Justice Assistance (JAG) Grant Program—MOU Contract Financial l inoacts: 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. Project Award Allocation: $42,546. Background The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice finding 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 o l' 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) 2020 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 through 41 and 70. 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 of Evanston v. Barr, -- F. Supp. 3d --, 2019 WL 4694734 (N.D. IIl. Sept. 26, 2019). The City is a member of the U.S. Conference of Mayors. Acceptance of the FY 2020 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 Byrne Memorial Justice Assistance Grant(JAG)Program is the primary provider of federal criminal justice funding to state and local jurisdictions. l / 2 i / ^ P ` n A \rD \ \ fri - - - ƒ { m , CL rD } \ 0 ` cr # \ - E ! \ \ \ rb — � } / rb ] \ — \ \ / / / \ ( RCL 2 & / \ \ � « R ) ~ \ \ a \ \ lb § 7 ƒ \ / \ � » \ \ c \ \ 7 2 . _ _ _ a a \ D \ ( � \ k ] \ / / } \ \ \ n � : � G \ 2 � \ } � \ 0 0 a c = ; a RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: police Department 2, ORIGIt,1AT[NG S'r'AFF PERSON Diane Shines " � � EXT: 6854 3, DATE REQ.BY: ,ASAP 4. TYPE OF DOCUMENT(C HECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E,C,,,RFB,.RF P,RFQ) C-1 PUBLIC:WORKS CONTRACT" ❑ SMALL,OR.LIMITED.PUBLIC WORDS CONTRACT E_] PICOFE',SSfONA.I >EI�VIC;EACIREE,MEINT" Cl MA.INT'F:NA.NCEAGREEMENT 0 GOODS F.1'!I}SE I7..VIC°C A.Co[ E1kab✓1f�NT r-i kt1:1MA1°+[`>:EIRVICE;S/C,:D13G Cl [Z A.I,ESTATE DOCUMENT c SISCCIR:ITY DOCUMENT(E.e.;,aexNDRFLATEU)DOCUMENTS) C:J ( RDINANC:E Cl RESOLUTJOIN Q COI°VI'l-RAC;"['AME:NDME:N-F'(AGII):__.._-------------- A INT'EEU_,0C;AC, 5. PRO.[I.CTNAM F� �" 'r _..__ rasLi c,€ F°s5s d,tarr cc tlAIz'ICnlfAif�& Edward r.I�`��a nr:Mem�ar ral f..._�_�.,.... 1.)tl3I�F;S4; 9(D_+fh A C rt of��� aLtd� (I'--r q IC tnc4sklror EACr E'eLt�e n�T h�ICIs'�a�=r (. NAME OF CONTRAC.I OR _.... _�. ....S,. wla �b° A 9I i 2[ "IS46 TELEPHONE 206 733 1 16 I �. _ _,...... _� ..._._�... Fu-M/wIL,: i yT L,Ir�ral 1 tt yrtr„ nru,I".=sa��" 1ry]YiICR� �pera�4s�7�i d;mtr( ..... _.. _I �� ....��....�. f 7. EXH IBITS AND ATTAC:F-ICVTFuNT&0 SCOPE,WORK OR SERVICES 0 COMPENSATION El fNSCtR4.NC F IU QUIRt,MF1,4TS/CERTIFIC;A:Pau O ALL. 0'1'[iER I F3FF:IDE:fqCED EXFi[BITS 0 PROOF OFAUTHORITYTO SIGN O REQUIREDLICENSFS f_=1 PRIC7RCS.1:NTFtA.CT/AMENDMENT'S September 30,2023 £3. 'I"I:RM: COMMENCEMENT NCE[wtE:IrIT DATE: trued COMPLETION DA`I"E„ �'_ _. ,. 9 - .___ P�.� of Al s.e�ak on J T� �� & q ,� �C�Pd'C T.TC1 1 .. 'k"SES A2,1D SALES TAX,IF ANY) ? ['(}�I'feL,l;<7@4FINSA"C�IC�N.`G ,�" "� (I[ C:AI. 'UL`tTT�DON�IGUr�LY— LhF3(JZC;1IARG -AJTACF1SCH.ET)ULESof EMPLOYEES TITLES AND HOLIDAY RkrES) [tE:,I 9l.;tJitEAf31,E;EsXEFiM16SC'.:CII'F�5; ONO fFYES,MAX1MI. MDOLI.ARA.MOUNT- $, D 0Y1..:u DN6:n RH'1(t'.S PAJDBY:FJ CONTRACTOR nCITY RF.T'ArNA.GEA.CIRFE"sM)ENT(SEF CONTRACT) OR ClRETAJNACTL BOND PROVIDED i .............�.......�.�........ ..-.. ..�_ 0 PURCHASiNla p:LEASI"�`: ti .C I-E Ft.I$.(=rE"[" � Nrav i I'Nh.i..I�t I,/LD�tia��1 AI'IGLU 1��C). N}CDC::'[..1C9'GIE.CW"C'(k.::C}C�d"I'A'i��C;:"i!" I�I:;VII.:;' Ii�dI'I"I,�E�I.DA`.C`EI�1k,V[„F;VJI?,D.. El PROJ ECT MANAGER. C-1 D6I�[.oC"["CYC� 8~RISV,. MANAGEMENT (IFAMPUCABI-E) �.... ... . �.. I LAW DKC!624- 020 11. ('OI.JNC Ii..,Ac.1PPICE.4' VA,I[,(IFA.P['L,ICA.13LE) COMM[T"rEEaAppitovm.I)KrE: _ COUNca,APPROVAL:DArE:.___-----___ l7.. CONTRACT SIGMA"9"V_IR.I;."RCDLl'11"INN I_:1 Sw"IJ i..l"f::��JI:;NC:DG UtI(:",E:EN"6'6�.a�CT"C�DI. DATE SENT: �. � DATE REC'D: I.] AFT AC_'I L S1GNA'f1JR.E A.UT HORIT'Y, [NSUI. ANCu'E CE RT'IF'ICpA.TE,I,ICENSESg EXfIIBITS Cl C:,""Ix.E;A1'I ELECTRONIC RJ.MI'iqDER/NO'1'I171C:'ATION FOR I MONTH PRIORTO f XPIRAE'IOC*I DATE (Inc„luck dept.support stProff i f nT cessary and feel free to set notification more than a month In advance if council approval is zccaded.) IT"IUTAL/L "I`E SIGiNED ❑ LAW DE;PART'MEN'T 0 SIGNA"T°ORY(MAYOR OR D[RE=.CTOR) „ _ 0 C:IT`I'C CLERK � � I � to (A .. LJ A.SS[GIF?DAG# fat t r ¢::OMMEPIE E. Memorandum of Understanding FY 2020 Edward Byrne Memorial Justice Assistance Grant October 30, 2020 This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2020 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 • City of Kent • King County- declined 2'd and final time • 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. Page 1 of 3 The allocation of funding is as follows: King County-Bellevue-Burien Decline NEW Initial Allocations FY20 JAG MOU 1 Amt Difference AMOUNT King County $ 37,220 $ 207,217 $ Auburn $ 30,935 $ 31,537 $ 1,925 $ 33,462 Bellevue $ 14,164 $ - $ - Burien $ 19,580 $ $ - Des Moines $ 10,283 $ 10,545 $ 764 $ 11,309 Federal Way $ 39,219 $ 39,870 $ 2,676 $ 42,546 Kent $ 37,655 $ 38,285 $ 2,446 $ 40,731 Renton $ 29,226 $ 29,743 $ 1,870 $ 31,613 SeaTac $ 12,542 $ 12,884 $ 682 $ 13,566 Seattle $ 399,631 $ 260,065 $ 196,042 $ 456,107 Tukwila $ 13,729 $ 14,038 $ 812 $ 14,850 $ 644,184 $ 644,184 $ 207,217 $ 644,184 (Bellevue and Burien funds were distributed along the same percentages as DOJ allocation and Seattle absorbs 3.7% administration fee.) 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 MOU Contract 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 2020 Edward Byrne Memorial Justice Assistance Grant Signature Page Jurisdiction: .. Signatures , rv. Name &Title: _ � p Date: / ... bdu sh "WU si UVU d by ap,bII, Cfly Administrator or E XCU:U'U tV r( Page 3 of 3 Agency: Federal Way Police Department Contact Name: Diane Shines Contact Phone: 253 835-6854 Diane.Shines@cityoffederalway.com IIFY2,02,0 Special "andiimdan .. . e solicit."aticni pages 12 ....... '° . . Ili f f i III°'f f f' uest III f IIn 5 "to answer at f ri d of' -this ff' IIr"rn FY 2020 JAG Purpose Areas Permissible uses of JAG Funds—In general In general,JAG funds awarded to a unit of local government under this FY 2020 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 2020 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 2020 JAG award to join us in addressing these challenges: • Reducing Gun Violence • National Incident-Based Reporting System (NIBRS) • Officer Safety and Wellness •Border Security -Collaborative Prosecution Evidence-Based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making, program development, and program implementation in criminal justice,juvenile justice, and crime victim services. OJP is 1 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: $42,546 1) Small Capacity Evidence Refrigerator 1) $23,000 2) Civil Disturbance Unit Protective Eyewear 2) $4,000 3) Computer Hardware- Laptop 3) $1,507 4) Supplies -Giveaways (stress balls, children toys) 4) $2,363 5) Supplies- Chair replacement 5) $11,676 3.7%Admin Fee (Seattle PD) $1,635 Total Allocation: $44,181 Project Description: 1) Purchase a small capacity evidence refrigerator to secure biological evidence for temporary storage. 2) Purchase protective eyewear to protect against laser illuminations. 3) Office Manager Surface Pro replacement. 4) Purchase supplies and materials intended for community and safety events. 5) Property Evidence, SafeCity, and training room chair replacement. Goals, Objectives, and Deliverables-In general, the FY 2020 JAG Program is designed to provide additional personnel, equipment, supplies, contractual support,training,technical assistance, and information systems for criminal justice. The JAG Local Program is designed to assist units of local government with respect to criminal justice: The Evidence Unit of the Federal Way Police Department requires a stand-alone evidence refrigerator.The refrigerator is required for the temporary storage of biological evidence, during non-duty hours.The unit will prevent the decomposition of organic evidence during the critical time period (2 to 48 hours) after collection, primarily when evidence personnel are not available. To ensure evidence chain-of-custody the unit will have individually lockable compartments and will be available during on and off duty hours. The Valley Civil Disturbance Unit(VCDU) is a regional team used for crowd control during major events, civil protests, and other incidents when large crowds are anticipated. Over the past several months, police officers at organized "protests" and related riots have been the subject of assaults by protesters shining powerful lasers directly into the eyes of officers. This is done to both disorientate the officer, as well as cause permanent eye damage. In an effort to protect officers assigned to civil disturbances,the proposed goggles will help protect against the most common types of lasers. 2 General Equipment and Supply funds are requested for support of the following projects • Laptop—replace Surface Pro for Office Manager • Supplies related to community events • Replacement of Property/Evidence, SafeCity, and training room chairs Statement of the Problem - Identify the unit of local government's strategy/funding priorities for the FY 2020 JAG funds and a description of the programs to be funded over the grant period. Units of local government are strongly encouraged to prioritize the funding on evidence-based projects. The Federal Way Police Department continues to explore all opportunities to identify funds available for equipment and technology needs. The 2020 JAG grant provides a vital funding mechanism so the Federal Way Police Department can continue to improve safety and enhance efficiencies while serving the community in and around the City of Federal Way. 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: N/A Capabilities and Competencies—Describe any additional strategic planning/coordination efforts in which the unit 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. The Federal Way Police Department has participated in the JAG program for many years and is familiar with the performance measures and requirements needed for collection. The Civilian Operations Manager will work in partnership with department members to gather and report performance measures during the grant cycle. Applicants must identify between 1 and 5 Project Identifiers that would be associated with proposed project activities. • Evidence-Based • Officer Safety • Computer Software/Hardware • Supplies — General • Equipment- General BUDGET: Budget Worksheet: Please use Attached Budget Worksheet Template Budget Narrative:The Budget Narrative should thoroughly and clearly describe every category of expense listed in the proposed Budget Detail Worksheet. OJP expects proposed budgets to be complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities). This narrative should include a full description of all costs, including administrative costs (if applicable). An applicant should demonstrate in its Budget Narrative how it will maximize cost effectiveness of award expenditures. Budget narratives should generally describe cost effectiveness in relation to potential alternatives and the goals of the project. For example, a budget narrative should detail why planned in-person meetings are necessary, or how technology and collaboration with outside organizations could be used to reduce costs, without compromising quality. The Budget Narrative should be mathematically sound and correspond clearly with the information and figures provided in the Budget Detail Worksheet. The narrative should explain how the applicant estimated and calculated all costs, and how those costs are necessary to the completion of the proposed project. The narrative may include tables for clarification purposes, but need not be in a spreadsheet format. As with the Budget Detail Worksheet, the Budget Narrative should describe costs by year. 4 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 )'' IIO se ari rI :Files tjestIIIuri an �'K"( icle a ttladvinents as IIneeded.... IIrur III)age 12 of the 1. Does your jurisdiction have any laws, policies, or practices related to whether, when, or how employees may communicate with DHS or ICE? 2. Is your jurisdiction subject to any laws from a superior political entity(e.g., a state law that binds a city)that meet the description in question 1? 3. If yes to either: • Please provide a copy of each law or policy • Please describe each practice • Please explain how the law, policy, or practice complies with 8 U.S.C. § 1373 6 N= CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Police Department 2. ORIGINAT[NG STAFF PERSON: Diane Shines EXT: 6854 3. DATE REQ BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SEI..,ECTION DOCUMENT (E.G., RFB, RFP, RFQ) Ei PUBLIC WORKS CONTRACT' El SMALL OR LIMITED PUBIAC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCEAGREEMFNT F1 GOODS AND SERVICE AGREEMENT' Fi HUMAN SERVICES/ CDB G El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (iL,,,cI BONDRELATED DOCUMENTS) F-1 ORDINANCE Ei RESOLUTION • CONTRACTA MEN DM ENT (A(3#):_ A INTERLOCAL, • 0T,HrR 5. PROJECTNAME: FY2020 Edward Bryne Memorial Justice Assistance (JAG) Grant 6. NAME OF CONTRACTOR. City of Seattle, (Faye Landskov, JAG Program Manager) ADDRFSS: 6 101 5th Aveinte, Scaldc. WA 98124-4986 11,11-T1IONI,: 206-733-9163 .. . ..... ........... 1,MML: Favc,1,011 if�ov�i�scufflc,gov FAN: 4n. --- ........... .... SlGNAF1.JR[.: NAN/IENhrk R, Baird TITLE Chi ef'O ng Offilccr 7. EXI-I I BITS AND ATTACHMENTS:0 SCOPE, WORK OR SERVICES 11 COMPENSATION El INSURANCE lbf.,,QUIltEMFNTS/CERTIFICkl'E El ALI., OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS & TERM: COMMENCEMENT DATE: Date Signed COMPLEPION DATE: September 30,2023 9. TOTALCOMPENSAFION,$ Grant A I location $39,870 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IFCALCULATED ON HOURLY LABOR CIIARGE-KI'I'ACHSCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: EYES ONO IF YES, MAXIMUM DOLLARAMOUNT: $ IS SALES TAX OWED FOYES ONO IFYES, $, . ....... __ PAID BY: 0 CONTRACTOR El CITY RETAINAGE: RETAINAGEAMOUNT: El RETAINAO-F AGREEMENT(SEE CONTRACT) OR 0 RETAINAGE BONI) PROVIDED 0 PURCHASING: PLEASE CHARGE TO: N/A 10. DOCUMENT/CONTRACT REVIEW El PROJ ECT MANAGER El DIRECTOR * RISK MANAGEMENT (IFAPPLICABLE) * LAW 11. COUNCILAPPROVAL(IFAPPLICABLE) 12. CONTRACT SIGNATURE ROUTING INITIAL / DAT E REVIEWED INITIAL / DATE APPROVED COMMITTEE APPROVAL. DATE: COUNCIL APPROVAL DATE: E.1 SEN'l"l'OVENI)OIZ/CON'FRACTOR DATE SENT: DATE REC'D: 1-1 /\TTACI1: SIGNNI'UREAUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 0 CREATE ELECTRONIC REMINDER[NOTIFICATION FOR I MONTH PRIOR TO EXIT :PION DATE (111CILide dept. support staff` i f necessary and feel tree to set notification more than a month in advance if council approvat is needed.) • LAW DEPARTMENT • SIGNATORY (MAYOR OR DIRECTOR) • CITY CLERK • ASSIGNED AG# INITIAL / DAI'E SIGNED d< ......... . M AWR� A r iYA Memorandum of Understanding FY 2020 Edward Byrne Memorial Justice Assistance Grant August 10, 2020 This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2020 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 City of Kent King County- UN -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. The allocation of funding is as follows: (Bellevue and Burien funds were distributed along the same percentages as DOJ allocation and Seattle absorbs 3.7% administration fee.) 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 MOU Contract 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 INITIAL ALLOCATIONS FY19 JAG sub -Tota( Subtract Admin Fee Final Totals KING COUNTY 37,220 $ 39,363 $ 1,456.43 $ 207,217 AUBURN CITY 30,935 $ 32,749 $ 1,211.70 $ 31,537 DES MOINES CITY 10,283 $ 10,950 $ 405.17 $ 10,545 FEDERAL WAY CITY 39,219 $ 41,402 f $ 1,531.88 $ 39,870 KENT CITY 37,655 $ 39,756 $ 1,470.98 $ 38,285 RENTON CITY 29,226 $ 30,886 $ 1,142.77 $ 29,743 SEATAC CITY 12,542 $ 13,379 $ 495.04 $ 12,884 iSEATTLE CITY 399,631 $ 421,109 $ $ 260,064 TUKWILA CITY 13,729 $ 14,577 $ 539.35 $ 14,038 Total: $ 644,184 $ 644,172 1 $ 8,253.32 $ 644,184 (Bellevue and Burien funds were distributed along the same percentages as DOJ allocation and Seattle absorbs 3.7% administration fee.) 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 MOU Contract 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 2020 Edward Byrne Memorial Justice Assistance Grant Jurisdiction Signature: Name & Title: Date: / Signature Page W 1\46st 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 #12 r-equired questior-)sto answer at end of this form 1 FY 2020 JAG Purpose Areas Permissible uses of JAG Funds — In general I n genera 1, JAG f u nds awa rded to a u n it of loca I govern m ent u nder th is FY 2020 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 2020 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 2020 JAG award to join us in addressing these challenges: • Reducing Gun Violence • National Incident -Based Reporting System (NIBRS) • Officer Safety and Wellness wBorderSecurity eColloborotive Prosecution Evidence -Based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making, program development, and program implementation in criminal justice, juvenile justice, and crime victim services. OJP is committed to: ° Improving the quantity and quality of evidence [UP generates • Integrating evidence into program, practice, and policy decisions within [UP and the field • Improving the translation of evidence into practice Project Name: Project Cost: $39,870 1) Small Capacity Evidence Refrigerator 1) $23,000 2) Civil Disturbance Unit Protective Eyewear 2) $4,000 3) Computer Hardware - Laptop 3) $1,507 4) Supplies - Giveaways (stress balls, children toys) 4) $2,363 5) Supplies - Chair replacement 5) $9,000 3.7% Admin Fee (Seattle PD) $1,532 Total Allocation: $41,402 Project Description: 1) Purchase a small capacity evidence refrigerator to secure biological evidence for temporary storage. 2) Pu rch asff-. protective eyewear to protect against laser illuminations. 3) Office Manager Sur -face Pro replacement, 4) Purchase supplies and materials intended for community and safety events, 5) Property Evidence and SafeCity chair replacement. Goals, Objectives, and Deliverables - In general, the FY 2020 JAG Program is designed to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice. The JAG Local Program is designed to assist units of local government with respect to criminal justice: The Evidence Unit of the Federal Way Police Department requires a stand-alone evidence refrigerator. The refrigerator is required for the temporary storage of biological evidence, during non -duty hours. The unit will prevent the decomposition of organic evidence during the critical time period (2 to 48 hours) after collection, primarily when evidence personnel are not available. To ensure evidence chain -of -custody the unit will have individually lockable compartments and will be available during on and off duty hours. The Valley Civil Disturbance Unit (VCDU) is a regional team used for crowd control during major events, civil protests, and other incidents when large crowds are anticipated. Over the past several months, police officers at organized "protests" and related riots have been the subject of assaults by protesters shining powerful lasers directly into the eyes of officers. This is done to both disorientate the officer, as well as cause permanent eye damage. In an effort to protect officers assigned to civil disturbances, the proposed goggles will help protect against the most common types of lasers, 1851 General Equipment and Supply funds are requested for support of the following projects • Laptop — replace Surface Pro for Office Manager • Supplies related to community events • Replacement of Property/Evidence and SafeCity chairs Statement of the Problem - Identify the unit of local government's strategy/funding priorities for the FY 2020 JAG funds and a description of the programs to be funded over the grant period. Units of local government are strongly encouraged to prioritize the funding on evidence -based projects. The Federal Way Police Department continues to explore all opportunities to identify funds available for equipment and technology needs. The 2020 JAG grant provides a vital funding mechanism so the Federal Way Police Department can continue to improve safety and enhance efficiencies while serving the community in and around the City of Federal Way. . ... ... .... 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: N/A Capabilities and Competencies —Describe any additional strategic planning/coordination efforts in which the unit of local government participates with other criminal justice criminalAuvenile justice agencies in the State: N/A Plan for Collecting the Data Required for this Solicitation's Performance Measures — BJA does not require applicants to submit performance measures data with their application. Performance measures are included as an alert that BJA will require successful applicants to submit specific data as part of their reporting requirements. For the application, applicants should indicate an understanding of these requirements and provide the applicant's plan for collection of performance measures that pertain to their proposed program: Record of overtime costs and officer activity reports are maintained. The Federal Way Police Department has participated in the JAG program for many years and is familiar with the performance measures and requirements needed for collection. The Civilian Operations Manager will work in partnership with department members to gather and report performance measures during the grant cycle. Applicants must identify between 1 and 5 Project Identifiers that would be associated with proposed project activities. • Evidence -Based • Officer Safety • Computer Software/Hardware • Supplies — General • Equipment - General BUDGET: Budget Worksheet: Please use Attached Budget Worksheet Template Budget Narrative: The Budget Narrative should thoroughly and clearly describe every category of expense listed in the proposed Budget Detail Worksheet. OJP expects proposed budgets to be complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities). This narrative should include a full description of all costs, including administrative costs (if applicable). An applicant should demonstrate in its Budget Narrative how it will maximize cost effectiveness of award expenditures. Budget narratives should generally describe cost effectiveness in relation to potential alternatives and the goals of the project. For example, a budget narrative should detail why planned in-person meetings are necessary, or how technology and collaboration with outside organizations could be used to reduce costs, without compromising quality. The Budget Narrative should be mathematically sound and correspond clearly with the information and figures provided in the Budget Detail Worksheet. The narrative should explain how the applicant estimated and calculated all costs, and how those costs are necessary to the completion of the proposed project. The narrative may include tables for clarification purposes, but need not be in a spreadsheet format. As with the Budget Detail Worksheet, the Budget Narrative should describe costs by year. Please indicate the project's compliance with federal grant criteria and briefly explain any affirmative responses. 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 BIA 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 same 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 Please answer these question and provide attachments as needed- from page 12 of the solicitation: 1. Does your jurisdiction have any laws, policies, or practices related to whether, when, or how employees may communicate with DHS or ICE? 2. Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law that binds a city) that meet the description in question 1? 3. If yes to either: • Please provide a copy of each law or policy • Please describe each practice Please explain how the law, policy, or practice complies with 8 U.S.C. § 1373 I• COUNCIL MEETING DATE: September 15, 2020 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR FY2020 POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department accept the Allocation MOU for the Edward Bryne Memorial Justice Assistance Grant (JAG) Grant for FY 2020? Acceptance of grant requires no matching funds, COMMITTEE: PARKS, RECREATION, HUMAN SERVICES AND PUBLIC MEETING DATE: SAFETY COUNCIL COMMITTEE — (PRHS&PSC) September 8, 2020 ............... CATEGORY: Consent Ordinance ❑ Public Hearing City Council Business 0 Resolution El Other STAFF REPORT BY: DIANE C. SHINES, CIVILIAN OPERATIONS MANAGER DEPT: POLICE . ... .... ... Attachments: 1. PR -HS & PSC Staff Report 2. 2020 JAG MOU w/ two declining agencies 3. 2020 Project Narrative Options Considered: 1. Approve the FY 2020 JAG Grant 2. Reject the FY 2020 JAG Grant MAYOR'S RECOMMENDATION: Option 1. .......... MAYOR APPROVAL: DIRE /K 5-� DIRECTOR APPROVAL: �12 0® 0 C butgal/ A c-+ d Al Q T�"' COMMITTEE RECOMMENDATION: "I move to forward the FY 2020 JAG Grant to the September 15, 2020 consent agenda for approval. " Con-imittee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 4greement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: El APPROVED COUNCIL BILL # El DENIED First reading El TABLED/DEFERRED/NO ACTION Enactment reading 13 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/20[9 RESOLUTION # DATE: August 18, 2020 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: FY 2020 Edward Byrne Memorial Justice Assistance (JAG) Grant Program Financial Impacts: JAG funds support all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. Specific projects are described in the attached financial and narrative summary document. Proj ect Award Allocation: $39,870. Background The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice ftinding to state and local jurisdictions. JAG funds support all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. The City of Seattle is identified as the Fiscal Agent, submitting the joint application to the Bureau of Justice Assistance to request JAG program funds; and pursuant to the terms of the grant, the City of Seattle is to distribute grant funds to the County and one or more jurisdictions, including the City of Federal Way. The City of Seattle is submitting its Grant Award Document and Certifications Document for the Fiscal Year (FY) 2020 JAG Award per the guidance provided by the Department of Justice ("DOJ"), but continues its strong objection to certain conditions, specifically Condition 12. 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 of Evanston v. Barr, -- F. Supp. 3d --, 2019 WL 4694734 (N.D. III. Sept. 26, 2019). The City of Seattle is a member of the U.S. Conference of Mayors. Acceptance of the FY 2020 JAG Grant will ensure that services or projects under this Agreement will be conducted for the stated purpose of the 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 FWPD will be using these funds to purchase and evidence refrigerator, protective eyewear, a laptop, community -event supplies, and office chairs.