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18-131.00 US DOJ: Edward Byrne Memorial Justice Assistance Grant 2018 lS-13I U.S.Department of Justice Office of Justice Programs Office of the Assistant Attorney General wuhragton,GC 20531 October 1,2018 Mr.Mark Calhoun City of Spokane Valley 11707 East Sprague Avenue Suite 106 Spokane Valley,WA 99206 Dear Mr.Calhoun: On behalf of Attorney General Jefferson Sessions ID,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 18 Edward Byrne Memorial Justice Assistance Grant(JAG)Program- Local Solicitation in the amount of$27,156 for City of Spokane Valley. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you bave questions regarding this award,please contact: - Program Questions,Jeffrey S.Felten-Green,Program Manager at(202)514-8874;and - Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800458-0786,or you may contact the CSC at ask ocfmgiusdoj gov Congratulations,and we look forward to working with you. Sincerely,/ q7/77147. /nom\ Matt Dummennuth Principal Deputy Assistant Attorney General Enclosures OFFICE FOR CIVIL RIGHTS Office of Justice Programs U.S.Department of Justice 810 7th Street,NW Washington,DC 20531 Tel:(202)307-0690 TTY.(202)307-2027 E-mail:askOCRQusdoj.gov Website:www.ojp.usdoj.gov/ocr OCR Letter to All Recipients October 1,2018 Mr.Mark Calhoun City of Spokane Valley 11707 East Sprague Avenue Suite 106 Spokane Valley,WA 99206 Dear Mr.Calhoun: Congratulations on your recent award. In establishing fmancial assistance programs,Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights(OCR),Office oflustice Programs(OW),U.S.Department oflustice (DOJ)is responsible for ensuring that recipients of financial assistance from the OW,the Office of Community Onented Policing Services (COPS),and the Office on Violence Against Women(OVW)comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOI funding Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJprohrbit discrimination on the basis of race,color,national origin, religion,sex,or disability in funded programs or activities,not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age m the delivery of sennces or benefits. In March of2013,President Obama signed the Violence Against Women Reauthorization Act of2013. The statute amends the Violence Against Women Act of 1994(VAWA)by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race,color,national origin,religion,sex,disability,sexual orientation,or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1,2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations The Frequently Asked Questions are available at bttps9/ojp.gov/about/ocr/vewafags.htn Enforcing Civil Rights Laws All recipients of federal financial assistance,regardless of the particular finding source,the amount of the grant award,or the number of employees in the workforce,am subject to prohibitions against unlawful discrimination. Accordingly,the OCR investigates recipients that are the subject of discrimnahon complaints from both individuals and groups. In addition,based on regulatory criteria,the OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Providing Services to Limited English Proficiency(LEP)Individuals In accordance with DOI guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C.§2000d,recipients of federal f anal assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency(LEP). See U.S.Department oflustice,Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discnmination Affecting Limited English Proficient Persons,67 Fed.Reg.41,455(2002) For more information on the civil nghts responsibilities that recipients have in providing language services to LEP individuals,please see the website https://www lop gov Ensuring Equal Treatment of Faith-Based Organizations and Safeguarding Constitutional Protections Related to Religion The DOI regulation,Partnerships with Faith-Based and Other Neighborhood Organizations,28 C.F.R pt.38,updated in April 2016, prohibits all recipient organizations,whether they are law enforcement agencies,governmental agencies,educational institutions,houses of worship,or faith-based organizations,from using financial assistance from the DOI to fund explicitly religious activities. Explicitly religious activities include worship,religious instruction,or proselytization While funded organizations may engage in non-funded explmitly religious activities(e.g.,prayer),they must hold them separately from the activihes funded by the DOJ,and recipients cannot compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis ofa beneficiary's religion,religious belief,a refusal to hold a religious belief,or a refusal to attend or participate in a religious practice. Funded faith-based organizations must also provide written notice to beneficiaries,advising them that if they should object to the religious character of the funded faith based organization,the funded faith-based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation,please see the OCR's website at https://ojp gov/about/ocrlpartnerships.hhn. SAAB and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as amended,34 U.S.C.§10228(c);the Victims of Crime Act of 1984,as amended,34 U.S.C.§20110(e);the Juvenile Justice and Delinquency Prevention Act of 1974,as amended,34 U.S.0 §11182(6);and VAWA,as amended, 34 U.S.C.§ 12291(6)(13),contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions,the DOI has concluded that it may construe the Religious Freedom Restoration Act(RFRA)on a case-by- case basis to permit some faith-based organizations to receive DOI funds while taking into account religion when hiring staff,even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application ofRFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use ofanest and conviction records m making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S.Department of Justice on the U.S.Equal Employment Opportunity ity Commission's Enforcement Guidance:Consideration of-Arrest and Conviction Records in Employment Decisions Under Tide WI of the Civil Rights Act al1964(June 2013),available at https>/ojp.gov/about/ocdpdfs/UseofConvictionAdvisory.pdf Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin,resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted,recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans(EEOPs)(sec below). Complying with the Safe Streets Act An organization that is a recipient offinancial assistance subject to the nondiscrimination provisions of the Safe Streets Act,must meet two obligations:(1)complying with the federal regulation pertaining to the development of an ESOP(see 28 C.F.R.pt.42,subpL E)and(2) submitting to the OCR findings of discrimination(see 28 C.A.R.§§42.204(c),.205(c)(5)). Meeting the ESOP Requirement An PROP is a comprehensive document that analyzes a recipient's relevant labor market data,as well as the recipient's employment practices,to identify possible barrier:to the participation of women and minorities in all levels of a recipients workforce. As a recipient of DOJ funding,you may be required to submit an ESOP Certification Report or an ESOP Utilization Report to the OCR. Por more information on whether your organization is subject to the EEOP requirements,see https://ojp.gov/about/ocr/ceop.hmr Additionally,you may request technical assistance from an ESOP specialist at the OCR by telephone at(202)6164771 or by e-mail at EHOPforms@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of dm grant award,your organization has received an adverse finding of discrimination based on race, color,national origin,religion,or sex,after a due-process hearing,from a state or federal court or from a state or federal administrative agency,your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subredpients SAAs must have standard assurances to notify subrecipients of their civil rights obligations,written procedures to address discrimination complaints filed against subrecipients,methods to monitor subrecipients'compliance with civil rights requirements,and a program to train subrecipients on applicable civil rights laws. In addition,SAAs must submit to the OCR every three years written Methods of Administration(MOA)that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement,see httpsl/ojp.gov/fuoding/Explore/StateMethodsAdmin-FY2017update.hhn. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as arecipient of federal financial assistance,please contact us. Sincerely, —/ ettnA--- Michael L.Alston Director cc: Grant Manager Financial Analyst U.S.Department of Justice rise' �•, Office oflustice Pmgrmu PAGE 1 OF 22 .1 ) Bureau ofdustice Assistance Grant 1 RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER. 2018-DJ-B%0194 City of Spokane Valley 11707 East Spr+gue Avenue Suite 106 5.PROJECT PERIOD;FROM 10/012017 TO 09/302021 Spokane Valley,WA 99206 BUDGET PERIOD.FROM 10/012017 TO 09/30/2021 6 AWARD DATE 10/01/2018 7.ACTION 2a.GRANTEE IRS/VENDORNO. 8.SUPPLEMENT NUMBER luilial 710914170 00 2b.GRANTEE DUNS NO 168240617 9.PREVIOUS AWARD AMOUNT S0 3.PROJECT TITLE 10 AMOUNT OF TIES AWARD $27,156 Spokane Valley Police Department IAG Frognm 11.TOTALAWARD 527,156 12.SPECIAL CONOTTIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGES) 13.STATUTORY AUTHORITY FOR GRANT ]Ns project supported under FYlg(BJA-JAG Stabs&IAO Local)Tide I of Pub.L.No.90-351(generally codified at 34 U.S C.1010)-10726),including subpart I apart E(codified al 34 UAC.10151-10158);see also 28 U.S C 530C(a) 14 CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number) 16 738-Edward Byrne Memorial Justice Assistance Grant Program 15 METHOD OF PAYMENT GARS AGENCY APPROVAL GRANTEE ACCEPTANCE 16 TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Man Dummermutb Mark Calhoun Pamcipel Deputy Aaauunt Attorney Geoerel Cr0'Manager 17.SIGNATURE OFAPPROVINGG OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE 9721111— AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. TOJIIOT0542 FISCAL FUND BUD. DIV. YEAR CODE ACF. OFC. REG. SUB. POMS AMOUNT X B 1W 80 00 00 27156 DIP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OW FORM 40002(REV 4-88) U.S.Department ofiustice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 22 '� Grant PROJECTNUMBER 2018-DJ-BX-0194 AWARD DATE 1010E2018 SPECIAL CONDITIONS I. Requirements of the award;remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements--whether a condition set out in full below,a condition incorporated by reference below,or a certification or assurance related to conduct during the award period-- may result in the Office of Justice Programs C'OJP")taking appropriate action with respect to the recipient and the award. Among other things,the OW may withhold award fords,disallow costs,or suspend or ternunate the award. The Department oflustice("DOI"),including OIP,also may take other legal action as appropriate. Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment or omission ofa material fact)may be the subject of criminal prosecution(including under 18 U.S C.1001 and/or 1621, and/or 34 U.S.C.10271-10273),and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise(including under 31 U.S.C.3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision shall ffist be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Umfonn Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted and supplemented by DOJ in 2 C F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY 2018 award from OJP The Part 200 Uniform Requirements were fust adopted by DOI on December 26,2014. If this FY 2018 award supplements funds previously awarded by OW under the same award number(e.g.,fonds awarded during or before December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that are obligated on or after the acceptance date of this AY 2018 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"),see the OW website at httpsi/ojp.gov/Nnrhng/Part2000mformRequnements.htm. Record retention and access: Records pertinent to the award that the recipient(and any subrecipient("subgrantee")at any tier)must retain—typically for a period of 3 years from the date of submission of the final expenditure report(SF 425),unless a different retention period applies--and to which the recipient(and any subrecipient("subgrantee")at any tier)must provide access,include performance measurement information,in addition to the financial records, supporting documents,statistical records,and other pertinent records indicated at 2 C.F.R.200 333 In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the recipient is to contact OW promptly for clarification. 01P FORM 4000a(REV.4-88) / U.S.Department of Justice `�° \SVA Office oflustice Programs AWARD CONTINUATION j `.=",1 Bureau of Justice Assistance SHEET PAGE 3 OF 22 <";°: Grant PROJECT NUMBER 2018-DI-BX-0194 AWARDDATE 10/012018 SPECIAL CONDITIONS 3. Compliance with DOI Grants Financial Guide References to the DOI Grants Financial Guide are to the 1005 Grants Financial Guide as posted on the OP website (currently,the"DOJ Grants Financial Guide"available at httpsd/ojp gov/Soancialguide/DOI/indea.htm),including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially reclassified to a new Title 34,entitled"Crime Control and Law Enforcement."The reclassification encompassed a number of statutory provisions pertinent to OW awards(that is,WP grants and cooperative agreements),including many provisions previously codified in Title 42 of the U.S.Code. Effective as of September 1,2017,any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to Title 34.This rule of construction specifically includes references set out in award conditions,references set out in material incorporated by reference through award conditions,and references set out in other award requirements. 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Fmancial Points of Contact(FPOCs)for this award must have successfully completed an"OW financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1,2016,will satisfy this condition. In the event that either the POC or an FROG for this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OP 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 ofa new POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or after January 1,2016,will satisfy this condition. A list of OIP trammgs that OW will consider"OIP financial management and grant administration training"for purposes of this condition is available at https://www.ojp.gov/training/fints.Mn All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OP will immediately withhold("freeze")award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OP to impose additional appropriate conditions on this award. 6. Requirements related to"de minims"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(0,and that elects to use the"de minimis"indirect cost rate,must advise OW in writing of both its eligibility end its election,and must comply with all associated requirements in the Part 200 Uniform Requirements. The"de minimis"rate maybe applied only to modified total direct costs(MTDC)es defined by the Part 200 Uniform Requirements. OW FORM 40002(REV 4-88) Iry, / U.S.Department of Justice r V Office oflustice Programs AWARD CONTINUATION !1a ` Bureau of Justice Assistance SHEET PAGE 4 OF 22 ac Grant PROJECT NUMBER 2018-DI-BX-0W4 AWARD DATE 1010//2018 SPECIAL CONDITIONS 7. Requirement to report potentially duplicative finding If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal funds during the period of performance for this award,the recipient promptly must determine whether fiords from any of those other federal awards have been,are being,or are to be used(in whole arm 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(OW or OV W,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAI')to eliminate any inappropriate duplication of funding. 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management(SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM The recipient also must comply with applicable restrictions on subawards("subgraat")to first-tier subrecipients (first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the recipient)the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explor&SAM.htm(Award condition: System for Award Management(SAM)and Universal Identifier Requirements),and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9 Requirement to report actual or imminent breach of personally identifiable information(P11) The recipient(and any"subrecrprent"at any tier)must have written procedures in place to respond in the event of an actual or imminent"breach"(OMB M-17-12)Wit(or a subrecipient)—1)creates,collects,uses,processes,stores, maintains,disseminates,discloses,or disposes of"personally identifiable information(P11)"(2 CFR 200.79)within the scope of an OW 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 OW Program Manager no later than 24 hours after an occurrence of an actual breach,or the detection of an imminent breach. 10 All subawards("subgrmt")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--OP 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 OUP web site at httpsJ/orp.gov/funding/ExplordgubawardAuthorizatian.hem(Award condition: All subawards("subgmnts")must have specific federal authorization),and are incorporated by reference here. OW FORM 4000n(REV.448) '\f, U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 22 ^s Grant PROJECT NUMBER 2019-13140C-0194 AWARD DATE 10/01.2018 SPECIAL CONDITIONS 11. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed$150,000 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold(currently,$150,000) This condition applies to agreements that--for purposes of federal grants administrative requirements--OW considers a procurement"contract"(and therefore does not consider a sub award). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the 012 web site at httpsl/ojp.gov/fending/Explore/NoncompetitiveProcurement.hhu (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed$150,000)),and are incorporated by reference here. 12. Requirements pertaining to prohibited conduct related to trafficking in persons(mcludmg reporting requirements and OW authority to terminate award) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the tra0icldng of persons,whether on the part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the O1P web site at https://ojp.gov/fimdmg/ExplorelProhibitedConduct-Trafficking.hmr(Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OW authority to terminate award)),and are incorporated by reference here. 13. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and other events The recipient,and any subrecipient("subgrantee')at any tier,must comply with all applicable laws,regulations, policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOD, including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"DOI Grants Financial Guide"). 14. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner(including within the timeframes)specified by OR in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of2010,and other applicable laws. 15. OUP Training Guiding Principles Any training or training matenals that the recipient—or any subrecipient("subgrantee")at any tier—develops or delivers with OW award funds must adhere to the 01P Training Guiding Principles for Grantees and Subgrantees, available at htipsl/ojp.gov/funding/Implement/frainingPrinciplesForGrantees-Subgmntees.htm. OW FORM 4000/2(REV.4-80 IQ° U.s.Department of Justice Office of Justice Programs AWARD CONTINUATION f') Bureau of Justice Assistance SHEET PAGE 6 OF 22 C Grant PROJECT NUMBER 201R-DI-B%-0194 AWARD DATE 10(012018 SPECIAL CONDITIONS 16. Effect of failure to address audit issues The recipient understands and agrees that the DOI awarding agency(OUP or OVW,as appropriate)may withhold award funds,or may impose other related requirements,if(as determined by the DOI 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 DOI awards 17 Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOl awarding agency (OW or OVW,as appropnate)during the period ofperfonnance for this award,if the recipient is designated as"high- risk"for purposes of the DOI high-risk grantee list. 18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of28 GF.R Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an equal employment opportunity program. 19 Compliance with DOI regulations pertaining to civil rights and nondiscrimination-28 C.P.R.Part 54 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of28 C F R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs." 20. Compliance with DOI regulations pertaining to civil nghts and nondiscrimination-28 C.F.R.Part 38 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of28 C RR.Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. • Among other things,28 C F R Part 38 includes rules that prohibit specific forms ofdiscmmnation on the basis of religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantee")organizations that engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is available via the Electronic Code of Federal Regulations(currently accessible at ht(pslhvww.ecfr.gov/cgi- bm/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under e-CFR."current" data. 01?FORM moon(REV.4.88) Iif C U.S.Department ofJustice v Office of Justice Programs AWARD CONTINUATION aBureau of Justice Assistance SHEET PAGE 7 OF zr ow✓ Grant PROJECT NUMBER 2018-DI-071.0194 AWARD DATE 10/012018 SPECIAL CONDITIONS 21. Restrictions on"lobbying" In general,as a matter of federal law,federal funds awarded by OD may not be used by the recipient,or any subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal, modification,or adoption of any law,regulation,or policy,at any level of government. See I8 U.S.C.1913 (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by 01P from being used by the recipient,or any subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending, or modifying any such award. See 31 U.S.C.1352 Certain exceptions to this law apply,including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might fall within the scope ofthese prohibitions,the recipient is to contact OW for guidance,and may not proceed without the express prior wntten approval of CUP. 22. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2018) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes.Pertinent restrictions,including from various"general provisions"in the Consolidated Appropriations Act,2018,are set out at https://ojp.gov/funding/Explore/FYI SAppropriationsReslrictions.htm,and am incorporated by reference here. Should a question anse as to whethera particular use of federal funds by a recipient(or a subrecipient)would or might fall within the scope of an appropriations-law restriction,the recipient is to contact OW for guidance,and may not proceed without the express prior written approval ofOJP. 23. Reporting Potential Fraud,Waste,and Abuse,and Similar Misconduct The recipient and any subrecipients("subgrantees")must promptly refer to the DOJ Office of the Inspector General (OIG)any credible evidence that a principal,employee,agentsubrecipient,contractor,subcontractor,or other person has,in connection with funds under this award—(I)submitted a claim that violates the False Claims Act;or(2) committed armmnal or civil violation of laws pertaining to fraud,conflict of interest bnbery,gratuity,or similar t misconducc Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the OIG by—(I)mail directed to:Office of the Inspector General,U.S.Department ofJustice,Investigations Division, 1425 New York Avenue,N.W.Suite 7100,Washington,DC 20530;and/or(2)the DOJ 010 hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)616-9881(fax). Additional information is available from the DOJ OIG website at htlps//oigjustice.gov/hotline. OR FORM 400082(REV.4-88) U.S.Department ofJustice Office ofJustice Programs AWARD CONTINUATION fiI'' Bureau of Justice Assistance SHEET PAGE 8 OF 22 Grant PROJECT NUMBER 2018-11I-B%A194 AWARD DATE 10/01/1018 SPECIAL CONDITIONS 24. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information I. 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 descnbed 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(orpenmt resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards("subgrants''),procurement contracts,or Both— a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward("subgant"),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. OIP FORM 4000/2(REV 4.88) t4 U.S.Department of Justice �s °e. Office of Justice Programs AWARD CONTINUATION ` , =.i -Li/ of Justice Assistance SHEET PAGE 9 OP 22 c Grant PROJECT NUMBER 2018-131-3X-0194 AWARD DATE I0/OIR018 SPECIAL CONDITIONS 25. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees) The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of41 USC.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal funds,an abuse of authonty relating to a federal grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal grant The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of employee rights and remedies under4l U.S.C.4712. Should a question arise as to the applicability of the provisions of41 U.S.C.4712 to this award,the recipient is to contact the DOJ awarding agency(OW or OV W,as appropriate)for guidance. 26. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,'74 Fed.Reg 51225(October 1,2009),DOS encourages recipients and subrecipients("subgrantees")to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 27. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time during the course of the period of performance under this award,the recipient must disclose that fact and certain related information to OSP by email at OJP.ComplianceReporting(o)ojp.usdoj gov. For purposes of this disclosure,high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance,or other programmatic or financial concerns with the recipient The recipient's disclosure must include the following:I.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency. 28. Cooperating with GIP Monitoring The recipient agrees to cooperate with OSP monitoring of this award pursuant to ON's guidelines,protocols,mid procedures,and to cooperate with OW(including the grant manager for this award and the Office of Chief Financial Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits. The recipient agrees to provide to OW all documentation necessary for 031"to complete its monitoring tasks,including documentation related to any subawards made under this award. Fuller,the recipient agrees to abide by reasonable deadlines set by OW for providing the requested documents. Failure to cooperate with OSP's monitoring activities may result in actions that affect the recipient's DOT awards,including,but not limited to:withholdings and/or other restrictions on the recipient's access to award fiords,referral to the DOI 010 for audit review;designation of the recipient as a DOJ High Risk grantee;or termination of an award(s). OW FORM 40062(REV 4-88) AC U.S.Department ofJustice I' tf Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 10 OF 22 ricr Grant PROJECT NUMBER 2018-n1-BX-0W4 AWARD DATE 10/01218 SPECIAL CONDITIONS 29. FEATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report fust-tier subawards("subgants")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 fust-tier subrecipients(first-tier"subgantees")of award funds. The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of2006(FFATA),are posted on the OW web site at httpsJ/ojp.gov/fundiny/Explare/FFATA.htm(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,including its reporting requirement,does not apply to—(1)an award of less than$25,000,or(2)an award made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30. Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes,regulations,award conditions,and the DOI Grants Financial Guide,and must include the applicable conditions of this award in any subaward Among other things,the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients.The recipient agrees to submit,upon request,documentation of its policies and procedures for monitoring of subawards under this award. 31. Use of program income Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report,SF 425. 32. Justice Information Shanng Information sharing projects funded under this award must comply with DOA Global Justice Information Shanng 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-httpsl/itojp.gov/gspgrantconchtion The recipient(and any subrecipient at any her)must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. 33. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by 131A for law enforcement information sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the recipient can demonstrate to the satisfaction of BM that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 34. Compliance with 28 C.P.A.Part 23 With respect to any information technology system funded or supported by funds under this award,the recipient(mid any subrecipient at any tier)must comply with 28 C.P.R.Part 23,Criminal Intelligence Systems Operating Policies,if GIP determines this regulation to be applicable.Should OW determine 28 C.F.R.Part 23 to be apphcable,OSP may,at its discretion,perform audits of the system,as per the regulation.Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 34 U S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal finds. OJP FORM 40002(REV.4-B8) `,(' 3;(c4a U.S Departmentoflustice "' Office of Justice Programs AWARD CONTINUATION '�`( _ Bureau of Justice Assistance SHEET PAGE II OF 22 " `' Grant PROJECT NUMBER 2018-0J-a%A194 AWARD DATE IMOIROLB SPECJdI CONDITIONS 35. Protection of human research subjects The recipient(and any subrecipient at any tier)must comply with the requirements of28 C.F.R.Part 46 and all OW policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent. 36 Confidentiality of data The recipient(and any subrecipient at any tier)must comply with ail confidentiality requirements of 34 U.S C 10231 and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.The recipient further agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of28 C.P.R.Part 22 and,in particular,28 C.F.R 22.23. 37. Verification and updating of recipient contact information The recipient must verify its Paint of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes. 38. Law enforcement task forces-required training Within 120 days of award acceptance,each current member of a law enforcement task force funded with award funds who is a task farce commander,agency executive,task force officer,or other task force member of equivalent rank, must complete required online(internet-based)task force training.Additionally,all future task force members must complete this training once during the period of performance far this award,or once every four years if multiple OJP awards include this requirement The required training is available free of charge online through the BIA-funded Center for Task Force Integnty 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 am 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 BIA's web site and the Center for Task Force Integrity mid Leadership(www.ctfli.org). 39. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed justification must be submitted to and approved by the OR program office prior to obligation or expenditure of such funds. OW FORM COM(REV.488) )1{4C U.S.Department of Justice Vim Office of Justice Programs AWARD CONTINUATION totm lb I Bureau of Justice Assistance SHEET PAGE 12 OF 22 =fa " 4.sul'fr. Grant PROJECT NUMBER 2018-DI-BX-0194 AWARD DATE 100/1f2018 SPECIAL CONDITIONS 40 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks--including 18 U.S.C.922 and 34 U.S.C.ch 409—if the recipient(or any subrecipient at any tier)uses this award to find(in whole or in part)a specific project or program(such as a law enforcement,prasecuhon,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(MICS),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 WIGS are promptly made available to the MCS or to the"State"repository/database that is electronically available to(and accessed by)the MICS,and—when appropriate—promptly must update,correct,modify,or remove such NICS- relevant"eligible records". In the event ofmmor and transitory non-compliance,the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition(including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 41 Certification of Compliance with 8 U.S.C.1373 and 1644(within the funded"program or activity")required for valid award acceptance by a local government In order validly to accept this award,the applicant local government must submit the required"State or Local Government:FY 2018 Certification of Compliance with 8 U.S.C.1373 and 1644"(executed by the chief legal officer of the local government). Unless that executed certification either—(I)is submitted to OW together with the fully- executed award document,or(2)is uploaded in OJP's GMS no later than the day the signed award document is submitted to OD,any submission by a local government that purports to accept the award is invalid. If an initial award-acceptance submission by the recipient is invalid,once the local government does submit the necessary certification regarding 8 U.S.C.1373 and 1644,it may submit a fully-executed award document executed by the local government on or after the date of that certification. For purposes of this condition,"local government"does not include any Indian tribe. On`FORM 4000/2(REV.4-88) U S.Department ofJustice y�`2Office of Justice Programs AWARD CONTINUATION I�? Bureau of Justice Assistance SHEET PAGE 13 OF 22 Grant PROJECCr NUMBER 2018-DJ-BX-0194 AWARD GATE 10/012018 SPECIAL CONDITIONS 42. Noninterference(within the funded"program or activity")with federal law enforcement:S U.S.C.1373 and/644; ongoing compliance 1 With respect to the"program or activity"funded in whole or part under this award(including any such program or activity of any subrempient at any tier),throughout the period of performance,no State or local government entity,- agency,or-official may prohibit or in any way restrict--(1)any government entity or-official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a);or(2)a government entity or-agency from sending,requesting or receiving,maintaining,or exchanging information regarding immigration status as described in either 8 U.S.C.1373(b)or 1644.Any prohibition(or restriction)that violates this condition is an "information-communication restriction"under this award. 2.Certifications from subrecipients.The recipient may not make a subaward to a State,a local government,or a "public"institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C.1373 and 1644,properly executed by the chief legal officer of the government or educational institution that would receive the subaward,using the appropriate form available at https trojp.gov/fundingffixploreiSampleCertifications-8USC1373.htm. Also,the recipient must require that no subrecipient(at any tier)may make a further subaward to a State,a local government,or a public institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C.1373 and 1644,properly executed by the chief legal officer of the government or institution that would receive the further subaward,using the appropriate OW form. 3.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 4.Allowable costs.Compliance with these requirements is au authorized and priority purpose of due award.To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a local government,or a public institution of higher education,incurs to implement this condition. 5 Rules of Construction A.For purposes of this condition: (1)"State"and"local government"include any agency or other entity thereof,but not any institution of higher education or any Indian tribe. (2)A"public"institution of higher education is defined as one that is owned,controlled,or directly funded(m whole or in substantial part)by a State or local government.(Such a public institution is considered to be a"government entity," and its officials to be"government officials.") (3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a). (4)"Immigration status"means what it means under 8 U.S.C.1373 and 8 U.S C.1644;and terms that are defined in 8 U.S.C.1101 mean what they mean under that section 1101,except that"State"also includes American Samoa. (5)Pursuant to the provisions set out at(or referenced in)8 U.S.C.1551 note("Abolition ..and Transfer of Functions"),references to the"Immigration and Naturalization Service"in g U.S.C.1373 and 1644 are to be read as references to particular components of the Department of Homeland Security(DHS). B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any State or local government,any public institution of higher education,or any other entity(or individual)to violate any federal law,including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE:Any questions about the meaning or scope of this condition should be directed to 011e,before OW FORM 40005(REV.4-88) C -?:.;u U.S.Departmof Justice OthceafJusticeentPro grams AWARD CONTINOATIOIV ,R Bureau of Justice Assistance SHEET PAGE t4 OF 22 Grant PROJECT NUMBER 3018-DI-BX-0194 AWARD DATE 10/012018 SPECIAL CONDITIONS award acceptance. 43. Authority to obligate award funds contingent an noninterference(within the funded"program or activity")with federal law enforcement(8 U.S.0 1373 and 1644);unallowable costs;notification 1.If the recipient is a"State,"a local government,or a"public"institution of higher education: A The recipient may not obligate award funds if,at the tune of the obligation,the"program or activity"of the recipient (or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that is funded in whole or in part with award finds is subject to any"information-communication restriction." B.In addition,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to reimburse itself if--at the lime it incurs such costs--the program or activity of the recipient(or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that would be reimbursed in whole or in pail with award finds 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 011'that,as of the date the recipient requests the drawdown,the recipient and each subrecipient (regardless of tier)that is a State,local government,or public institution of higher education,is in compliance with the award condition entitled"Noninterference(within the funded'program or activity')with federal law enforcement:8 U.S.C.1373 and 1644 and ongoing compliance." D The recipient must promptly notify OP(in writing)if the recipient,from its requisite monitoring of compliance with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the recipient,or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education,may be subject to any information-communication restriction.In addition,any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher education must require prompt notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an information-communication restriction. 2.Any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher education must provide that the subrecipient may not obligate award finds if,at the time of the obligation,the program or activity afthe 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-commumcatiou restriction. 3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling circumstances(e.g.,a small amount of award funds obligated by the recipient at the time ofa subrecipienes minor and transitory non-compliance,which was unmown 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,DOI will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the"Noninterference..8 U.S.C.1373 and 1644 and ongoing compliance"award condition. 4.Rules of Construction A.For purposes of this condition"information-communication restriction"has the meaning set out in the "Noninterference..SO S.C.1373 and 1644 and ongoing compliance"condition. B.Both the"Rules of Construction"and the"Important Note"set out in the"Nonmterference...8 U.S.C.1373 and 1644 and ongoing compliance"condition are incorporated by reference as though set forth here in full. ,plt� /� OJT FORM 40'0/2(REV.488) 'rrt/ _ 061. U.S.Department of Justice Office ofJustioe Programs AWARD CONTINUATION to i-7 Bureau of Justice Assistance SHEET PAGE Is OF 22 Grant PROJECT NUMBER. 2018-01-BX-0194 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 44. Noninterference(within the funded"program or activity")with federal law enforcement No public disclosure of certain law enforcement sensitive information SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the award,as of the date the 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.Noninterference:No public disclosure of federal law enforcement information in order to conceal,harbor,or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law(including 8 U.S.C.1324 and 18 U.S.C.chs.1,49,227),no public disclosure may be made of any federal law enforcement information in a direct or indirect attempt to conceal,harbor,or shield from detection any fugitive from justice under 18 U.S.0 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.0 1324(a). 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrempient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this condition. 4 Rules of construction A.For purposes of this condition-- (1)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see 8 U.S.C. 1101(8)(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 pariership or-tusk-force,(3)in connection with any request for law enforcement assistance or-cooperation,or(4) through any decmdliction(or courtesy)notice of planned,Imminent,commencing,continuing,or impending federal law enforcement activity; (3)the term"law enforcement sensitive information"means records or information compiled for any law enforcement purpose;and (4)the term"public disclosure"means any communication or release other than one--(a)within the recipient,or(b)to any suubrecipient(at any tier)that is a government entity. B Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded 'program or activity)with federal law enforcement:8 U.S.C.1373 and 1644 and ongoing compliance"award condition are incorporated by reference as though set forth here in full. DIP FORM 400W2(REV.4-88) s21\ U.S.Department oflustice je Office of Justice Programs AWARD CONTINUATION , Bureau of Justice Assistance SHEET PAGE 16 OF 22 of �_ Grant PROJECT NUMBER 3018-DI-BX-0194 AWARD DATE IOroraota STEM:.CONDITIONS 45. Noninterference(wilhm the funded"program or activity")with federal law enforcement:Interrogation of certain aliens SCOPE.This condition applies with respect to the"program or activity that is funded(in whole or in part)by this award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward(at any tier). I.Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations—including 8 U.S.C.1357(a),under which certain federal officers and employees"have power without warrant ..to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States,"and 8 C.F.R.287.5(a),under which that power may be exercised "anywhere in or outside the United States"--within the funded program or activity,no State or local government entity,agency,or-official may interfere with the exercise of that power to interrogate"without warrant"(by agents of the United States acting under color of federal law)by impeding access to any State or local government(or government-contracted)correctional facility by such agents for the purpose"intmogat[ing]any ahen or person believed to be an alien as to his[or her]right to be or to remain in the United States." 2.Monitonng The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions(e g,training)designed to ensure compliance with this condition. 4.Rules ofconstruction A.For purposes of this condition (I)The term"alien"means what it means under section 101 of the Immigration and Nationality Act(NA)(see 8 U S.C.1101(a)(3)). (2)The term"correctional facility"means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968(see 34 U.S.C.10251(a)(7)). (3)The term"impede"includes taking or continuing any action,or implementing or maintaining any law,policy,Me, or practice,that— (a)is designed to prevent or to significantly delay or complicate,or OB has the effect of preventing or of significantly delaying or complicating. B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the Eluded program or activity')with federal law enforcement 8 U.S.C.1373 and 1644 and ongoing compliance"award condition are incorporated by reference as though set forth here in full. OW FORM 400012(REV 4'88) Nn �l U.S.Department ofjustice Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE I) OF 22 aC, f. Grant PROJECT NUMBER 2018-DI-BX-0194 AWARD DATE 10/012018 SPPITAI CONDITIONS 46. Noninterference(within the funded"program or activity')with federal law enforcement:Notice of scheduledrelease SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole arm part)by the award,as of the date the recipient accepts the award,and throughout the remainder of the period of performance.Its provisions must be among those included in any subaward at any tier. I.Noninterference with"removal"process:Notice of scheduled release date and time Consonant with federal law enforcement statutes—including 8 U.S.C.1231(for an alien incarcerated by a State or local government,a 90-day"removal period"during which the federal government"shall"detain and then"shall" remove an alien from the U.S."begins"no later than"the date the alien is released from...confinement';also,the federal government is expressly authorized to make payments to a"State or a political subdivision of the State...with respect to the incarceration of(an]undocumented criminal alien");8 U.S.C.1226(the federal government"shall take into custody"certain criminal aliens"when the alien is released");and 8 U.S C.1366(requiring an annual DOJ report to Congress on"the number of illegal alien[felons]in Federal and State prisons"and programs underway"to ensure the prompt removal"from the U S of removable"criminal aliens")—within the funded program or activity,no State or local government entity,-agency,or-official(including a government-contracted correctional facility)may interfere with the"removal"process by failing to provide--as early as practicable(see para.C.C.below)--advance notice to DHS of the scheduled release date and time for a particular alien,ifa State or local government(orgovernment- contracted)correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice 2.Monitoring The recipients monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions(e g.,training)designed to ensure compliance with this condition. 4 Rules of construction A.For purposes of this condition: (I)The term"alien"means what it means under section 101 of the INA(see 8 U.S.C.1101(a)(3)). (2)The tern"correctional facility"means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968(see 34 U.S C.10251(a)(7)). B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any State or local government,or any other entity or individual to maintain(or detain)any individual in custody beyond the date and time the individual otherwise would have been released. C. Applicability (I)Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least 48 bourn,if possible)."(See DES 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 DES practice is to use the same form for a second,distinct purpose--to request that an individual be �/ OW FORM 400012(REV.498) 11/1( ' 477 .\ U.S.Department oflustice q��` 1. Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 18 OF 22 . ��1 Grant PROJECT NUMBER 201X-13I-HX-0194 AWARD DATE 10/01/2018 SPECIAL CONDITIONS detained for up to 48 hours AFTER the scheduled release.This condition does NOT encompass such DHS requests for detention D.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded 'program or activity)with federal law enforcement.8 U.S.C.1373 and 1644 and ongoing compliance"award condition are incorporated by reference as though set forth here in fill. 47. Requirement to collect certain information from subrecipients The recipient may not make a subaward to a State,a local government,or a"public"institution of higher education, unless it first obtains from the proposed sulmcipient 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 subreciprent responses must be collected and maintamed by the recipient,consistent with regular 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 govemment/organ zation,a nonprofit organization, or a private institution of higher education OW FORM 40W2(REV.448) U.S.Department oflustice 5,15"-----'(1.'t Office oflustice Programs AWARD CONTINUATION ia Bureau afJustice Assistance SHEET PAGE 19 OF 22 .+,9/,11cq '� Grant PROTECPMIDfBER 2018-D1-BX-0194 AWARD DATE 10/012018 SPECIAL CONDITIONS 48. Compliance with National Environmental Policy Act and related statutes Upon request,the recipient(and any subrecipient at any tier)must assist WA in complying with the National Envronmental 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 subrecipiem. Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes.If it is determined that any of the following activities will be funded by the award,the recipient agrees to contact WA. 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 hinds,this condition must first be met.The activities covered by this condition are: a New construction; b.Minor renovation or remodeling ofa 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 ofa building or facility that will either(a)result in a change m its basic prior use or(b)significantly change its size; d Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments;and e Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BIA.The recipient further understands and agrees to the requirements for implementation ofa Mitigation Plan,as detailed at hops://bja gov/Pundiug/nepa.tml,for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipients Existing Programs or Activities: For any of the recipient's or its subrecipients'existing programs or activities that will be funded by these award fiends,the recipient,upon specific request from WA,agrees to cooperate with BIA in any preparation by WA of a national or program environmental assessment of that fended program or activity. 49 Establishment of trust find If award funds are being drawn down in advance,the recipient(or a subrecipient,with respect to a subaward)is required to establish atrnst 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 find, including any interest,may not be used to pay debts or expenses incuned by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the award funds in the trust fund(including any interest earned)during the period of performance for the award and expend within 90 days thereafter.Any unobligated or unexpended finds,including interest earned,must be returned to OW at the time of closeout. OW FORM 40002(REV.448) - ,� U.S.Department ofJustice ott;r�?Q'.. Office ofJusticePrograms AWARD CONTINUATION &. 3 Bureau of Justice Assistance SHEET PAGE 20 OF 22 �.nes'? Grant PROJECT NUMBER 2018-DJ-BX-0194 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 50. Prohibition on use ofaward funds for match under BVP program JAG funds may not be used as the 50%match for purposes of the DOJ Bulletproof Vest Partnership(SVP)program. 51 Certification of body armor"mandatory wear"policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased with funds from this award have a written"mandatory wear"policy in effect The recipient must keep signed certifications on file for any subrecipients planning to utilize fimds from this award for ballistic-resistant and stab- resistant body armor purchases.This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 52. Body armor-compliance with ND standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with JAG award fluids maybe 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 ofJustice ballistic or stab standards and is listed on the ND Compliant Body Armor Model List(https://nij.gov/topicsltechnology/body-armor/Pages/compliant-ballistic-armor.aspz).In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United Stales and must be uniquely fitted,as set forth in 34 U.S.C.10202(c)(1)(A).The latest NlJ standard information can be found here.httpsl/nij.gov/ topics/technology/body-armor/pages/safety-initiative.aspx. 53. Body armor-impact on eligibility for other program funds The recipient understand that the use of funds underthis award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership(BIM)program,a separate program operated by BSA,pursuant to the BVP statute at 34 Usc 10531(c)(5). 54. Reporting requirements The recipient must submit quarterly Federal Financial Reports(SF-025)and semi-annual performance reports through OR's GMS(https://grants.op.usdoygov).Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of2010,the recipient must provide data that measure the results of its work The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool(PMT)website(www.bjaperformancetools.org).For more detailed information on reporting and other JAG requirements,refer to the JAG reporting requirements webpage.Failure to submit required JAG reports by established deadlines may result in the freezing of grant fund and future High Risk designation. 55. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force,racial and ethnic bias,de- escalation of conflict,and constructive engagement with the public. 56. Expenditures prohibited without waiver No funds under this award maybe expended on the purchase of items prohibited by the JAG program statute,unless,as set forth at 34 U.S.0 10152,the BIA Director certifies that extraordinary and exigent circumstances exist,making such expenditures essential to the maintenance of public safety and good order. OJP FORM 4000/2(REV.4-88) U.S.Department ofJustice ia� \y. Office of Justice Programs AWARD CONTINUATION .�.•s 1 Bureau of Justice Assistance SHEET PAGE 21 OF 22 ;.01yriEEr Grant PROJECr NUMBER 2015-DJ-BX-0194 AWARD DATE IWOU2OI8 SPECIAL CONDITIONS 57. Authorization to obligate(federal)award fiords to reimburse certain project costs incurred on or after October 1,2017 The recipient may obligate(federal)award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award(October 1,2017),however,the recipient may choose to incur project costs using non-federal funds,but any such project costs are incurred at the recipient's risk until,at a minimum--(I)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions am removed by OW(via a Grant Adjustment Notice). (A withholding condition is a condition in the award documentthat precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at- risk,"if and when the recipient makes a valid acceptance of this award and OW removes each applicable withholding condition through a Grant Adjustment Notice,the recipient is authorized to obligate(federal)award funds to reimburse itself for project costs incurred"at-risk"earlier during the period of performance(such as project costs incurred prior to award acceptance or poor to removal of an applicable withholding condition),provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient(or any subrecipient at any tier)to use award funds to"supplant"State or local funds in violation of the recipient's certification(executed by the chief executive of the State or local government)that federal funds will be used to increase the amounts of such fiords that would,in the absence of federal funds,be made available for law enforcement activities. 58. the of funds for DNA testing;upload of DNA profiles If award funds are used for DNA tesmg of evidentiary materials,any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System("CODIS,"the DNA database operated by the FBI)by a government DNA laboratory with access to CONS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BTA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into COD'S. 59. Three percent set-aside for NIBRS compliance The recipient must ensure that at least3 percent of the total amount of this award is dedicated to achieving fall compliance with the FBI's National Incident-Based Reporting System(NIBRS),unless the FBI or appropriate State official has certified that the recipient locality is already NBBS compliant,and evidence of this has been submitted to and approved by BA The recipient will be required by B1A to make revisions to budgets that do not clearly indicate what projects will be supported by this 3 percent sat-aside,unless evidence of NIBRS compliance has been submitted to and approved by BTA Recipients serving as fiscal agents for"disparate jurisdictions,"(as defined at 34 USC 10156(d)(4))have to pass this requirement through to in subawards to other localities in the disparate jurisdiction,so that each locality in a disparate junsdiction group dedicates at least 3 percent of award funds to NIRS compliance, unless,with respect to each locality in the disparate jurisdiction group,evidence of NIERS compliance has been submitted to and approved by BJA. DIP FORM 4000/2(REV.4-88) U S.Department ofJustice ' 'A Office oflustice Programs AWARD CONTINUATION s '; Bureau of Justice Assistance SHEET PAGE 22 OP 22 i Grant PROJECTNUMBER 2018-1/1-BX-0194 AWARD DATE 10/012018 SPECIAL CONDITIONS 60. Encouragement of submission of"success stories" BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success story,sign in to a My BJA account at https7/www.bja gov/Login.aspx to access the Success Story Submission form If the recipient does not yet have a My WA account,please register at httpsr//www.bla.gov/profile.aspx.Once registered,one of the available areas on the My WA 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 stones will appear on the BJA Success Story web page at https.//www.bja.gov/SuccessStoryLisbaspx. 61. Withholding of funds Required certification from the chief executive of the applicant government The recipient may not obligate,expend,or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government,"properly-executed(as determined by OW),and a Grant Adjustment Notice(GAN)has been issued to remove this condition. 62 Withholding-DHS question attachment The recipient may not obligate,expend or draw down funds until the Office oflustice Programs has received and approved the required application attachment(s)described in the program solicitation as"Information regarding Communication with the Department of Homeland Security(DHS)and/or Immigration and Customs Enforcement (ICE),"and has issued a Grant Adjustment Notice(GAN)releasing this special condition. 63. Recipient may not obligate,expend or drawdown funds until the Bureau ofJustice Assistance,Office oflustice Programs has received and approved the required application attachment(s)and has issued a Grant Adjustment Notice (GAN)releasing this special condition. OW FORM 4000/2(REV 4-88) c> U.S.Department of Justice o •^ 'k 1 Office of Justice Programs oma.. >A- -144V- Bureau of Justice Assistance Washington.AC 20531 Memorandum To: Official Grant File From: Orbin Terry,NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Spokane Valley The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system,some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant fiords,whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly,prior to obligating funds for any of the specified activities,the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a.New construction; b.Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household, recreational,or education environments;and e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA. Further,for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements,please see https://www bja.gov/Fundinglnepa.html. Please be sure to carefully review the grant conditions on your award document,as it may contain more specific information about environmental compliance. I U.S.Department of Justice GRANT MANAGER'S MEMORANDUM,PT.I: Office of Justice Programs PROJECT SUMMARY Bureau ofJustice Assistance Grant PROJECT NUMBER PAGE I OF I 2018-DJ-BX-0194 This project is supported wider FV 18(BJA-JAG State&TAG Local)Trtic I of Pub L.No.90-351(generally codified at 341.1.S.C.10101-10720,including subpart ofpart E(codified at 34 USC.10151-10158),see also 28 U.S.C.530C(a) I.STAFF CONTACT(Name&telephone number) 2.PROTECT DIRECTOR(Name,address&telephone number) Jeffrey S Felten-Green Jonathan Lake), (202)514-6874 Accountant/Budget Analyst 11707 East Sprague Avenue Spokane Valley,WA 99206 (509)720-5046 3a'MILE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS BJA FY 18 Edward Byrne Memorial Justice Asuaraocc Grant(JAG)Pragam.Local Solicitation ONRHVBR38) 4 TITLE OF PROJECT Spokane Valley Police Department JAG Program 5.NAME&ADDRESS OP GRANTEE 6.NAME&ADRESS OP SUBGRANTEE City of Spokane Valley 11202 East Sprague Avenue Suite 106 Spokane Valley,WA 99206 7 PROGRAM PERIOD 8.BUDGET PERIOD FROM. 10/01/2012 TO: 0900202/ FROM 10/012017 TO: 09/30/2021 9 AMOUNT OF AWARD 10.DATE OF AWARD 522,156 10/012018 II.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT 13.THIRD TEAR'S BUDGET PERIOD 14 THIRD YEAR'S BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(Sec instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and units of local government including tabes,to support a broad range of iminal justice related acdvitics based on their own state and local needs and conditions.Grant finds can be and for state and local initiatives,technical assistance, training,personnel,equipment.supphes,contractual support,and information systemsfor criminal justice,including for any oar or more of the hllowmgpuryose Aces I)law enfnrcemwt Pmgam;2)pmsecudon and court programs;3)prevention and education programs,4)corrections and community=sections programs; 5)drug treatment and enforcement programs;6)planning,evaluation,and technology improvement programs;2)crime victim and witness programs(other than compensation);and 8)mental health programs and related law enforcement and corrections programs,Including behavioral programs and crisis intervention teams. This Local SAG award mu be used to support criminal justice initiatives that fall under one or more of the allowable program areas above.Any equipment DIP FORM 400W2(REV 4-88) fl purchases or funded initiatives such as overtime,task fortes,drug programs or information sharing,will be aimed at mincing crime and enhancmg public and officer safety. NCA,NCF JaaeuulAI 61?J unoglEJ 4JEN ,SI06aacns .uo?;eo?Idde 311¢60 aauels[ssy aa?lsnf 8I0Z aq1 JoJ uo?ss?ulgns uo?;eardde leu?auo aq;1 M panlcu[gns se uuoj anµnaaxgfait'p ay;dq saaunsnssy pun suopnamzJJaJ aqn 1daoae aseold nor(imp xse am .paldaoae uaaq seq Raman uogea?Idde lump ague;sissy autism. L I OZ arl Jo; uuoj anpnaaxg fall) ail dq saaunAnssy pun suopvaijivap alp pals asp JaaeueN M J art' .sJaquIatu pxeoq lu?odde pue saunaauu fauna urn o;tern Jaglo sJaqusam Juno JaLpo tern 4uog3ne zaleaJB ou seq put siaquiaur?aunoa ac{n dq uasoga sc;nq papala lou s?Jokuut m0 'Jaaffo an?;naaxa;ansa ar;pue Jaag;o anue13spapupe;ansa am se slae JaSeuelk 40 al;`3u0unu0noa JO ULTOJ 511(1 Japun '£I't'5£Jandega uo1$unlSPM Jo apoJ pas?na)J am on au?pJoaae `;u0unu0n02 JO uuOJ J02eteul-11ounoa e lap=so;ejado Salp:A auexods;o 6;?J an •uaaJO-u03lad 'Jyy luaQ uol;eaugaaD paO;uea9 aaue;s?ssy aapsnf SIOZ :p2I I£SO2 'J'Q `uo1au?gse \ M1`10045 ,eL 018 aa?;sn f Jo nuauxlaedaa 's'n sUJPJaOJd aa?;snfJo 0O JQ aaue;sissy aausn f Jo neaJng Jos?npy 6o?Iod alels uoa10-u0110d AOJJ3af 6I0Z`IZ;many 9xo,Callcnaugods'@n uno>neow :liewg 8Jo',Capanaumfods MAM\. 51.05-OZL(605):Ked ♦ 0005-oZL(605) :auogd 90266 WA 60lten aue>)ods anuany an2sads Hain' calw^�j � (�('y aaBeuelg7 QtD'uno9luJ VelAl ®„ V" I9u4S aau30 s,aa8eneyQ 631 �`// IJ I8-N OMB No 1121-0329 Approval Expires 11/30/2020 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance The U S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) is seeking applications for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This program furthers the Department's mission by assisting state, local, and tribal efforts to prevent or reduce crime and violence Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2018 Local Solicitation Applications Due: August 22, 2018 Eligibility Only units of local government may apply under this solicitation By law, for purposes of the JAG Program, the term "units of local government" includes a town, township, village, parish, city, county, borough, or other general purpose political subdivision of a state; or, it may be a federally recognized Indian tribal government that performs law enforcement functions (as determined by the Secretary of the Interior) A unit of local government also may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes, for example, in Louisiana, a unit of local government means a district attorney or parish sheriff A JAG application is not complete, and a unit of local government may not access award funds, unless the chief executive of the applicant unit of local government (e.g , a mayor) properly executes, and the unit of local government submits, the "Certifications and Assurances by Chief Executive of Applicant Government" attached to this solicitation as Appendix A. In addition, as discussed further below, in order to validly accept a Fiscal Year (FY) 2018 JAG award, the chief legal officer of the applicant unit of local government must properly execute, and the unit of local government must submit, the specific certifications regarding compliance with certain federal laws attached to this solicitation as Appendix B and Appendix C (Note. this requirement does not apply to Indian tribal governments ) (The text of the relevant federal laws appears in Appendix D ) Eligible allocations under JAG are posted annually on the JAG web page. 1 B]A-2018-13626 All recipients and subrecipients (including any for-profit organization) must forgo any profit or management fee. Deadline Applicants must register in the OJP Grants Management System (GMS) at https//grants.olp.usdol.gov/ prior to submitting an application under this solicitation. All applicants must register, even those that previously registered in GMS Select the "Apply Online" button associated with the solicitation title All registrations and applications are due by 5 p.m eastern time on August 22, 2018. For additional information, see How to Apply in Section D Application and Submission Information Contact Information For technical assistance with submitting an application, contact the Grants Management System Support Hotline at 888-549-9901, option 3, or via email at GMS.HelpDesk(&usdol.gov. The GMS Support Hotline operates 24 hours a day, 7 days a week, including on federal holidays. An applicant that experiences unforeseen GMS technical issues beyond its control that prevent it from submitting its application by the deadline must email the National Criminal Justice Reference Service (NCJRS) Response Center at grantsno,ncirs.gov within 24 hours after the application deadline in order to request approval to submit its application. Additional information on reporting technical issues appears under"Experiencing Unforeseen GMS Technical Issues" in How to Apply in Section D. Application and Submission Information. For assistance with any other requirement of this solicitation, applicants may contact the NCJRS Response Center by telephone at 1-800-851-3420, via TTY at 301-240-6310 (hearing impaired only), by email at grantsancirs qov, by fax to 301-240-5830, or by web chat at https.//webcontact.nclrs qov/ncichat/chat Isp The NCJRS Response Center hours of operation are 10.00 a.m. to 6.00 p m eastern time, Monday through Friday, and 10 00 a m to 8.00 p m eastern time on the solicitation close date Applicants also may contact the appropriate BJA State Policy Advisor Release date July 20, 2018 2 BJA-2018-13626 Contents A. Program Description 5 Overview 5 Program-specific Information 5 Permissible uses of JAG Funds — In general 5 Limitations on the use of JAG funds 6 Requirements specific to "disparate"jurisdictions 10 Required compliance with applicable federal laws 10 BJA Areas of Emphasis ..12 Objectives and Deliverables 13 Evidence-based Programs or Practices ..13 Information Regarding Potential Evaluation of Programs and Activities. 14 B. Federal Award Information 15 Type of Award 15 Financial Management and System of Internal Controls 16 Budget and Financial Information 17 Cost Sharing or Match Requirement 17 Pre-agreement Costs (also known as Pre-award Costs) 17 Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs 17 Costs Associated with Language Assistance (if applicable) 18 C. Eligibility Information 18 ID. Application and Submission Information 18 What an Application Should Include 18 How to Apply 31 E. Application Review Information 34 Review Process 34 F. Federal Award Administration Information 35 Federal Award Notices 35 Statutory and Regulatory Requirements; Award Conditions 35 General Information about Post-federal Award Reporting Requirements .. 37 G Federal Awarding Agency Contact(s) 38 H. Other Information 38 Freedom of Information Act and Privacy Act (5 U S C § 552 and 5 U.S.C. § 552a)..38 Provide Feedback to OJP .38 3 BJA-2018-13626 Appendix A Certifications and Assurances by the Chief Executive 40 Appendix B Certification of Compliance with 8 U.S.C. §§ 1373 and 1644 42 Appendix C: Certification of Compliance with 8 U.S.C. §§ 1226(a) & (c), 1231(a)(4), 1324(a), 1357(a), and 1366(1) & (3) .... .... 44 Appendix D: Certain relevant federal laws, as in effect on June 7, 2018 .. 46 Appendix E: Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE) 52 Appendix F: Additional Award Purposes 53 Appendix G: Application Checklist .... 56 4 BJA-2018-13626 Edward Byrne Memorial Justice Assistance (JAG) Grant Program FY 2018 Local Solicitation CFDA #16.738 A. Program Description Overview The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to states and units of local government BJA will award JAG Program funds to eligible units of local government under this FY 2018 JAG Program Local Solicitation. (A separate solicitation will be issued for applications to BJA directly from states ) Statutory Authority: The JAG Program statute is Subpart I of Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 Title I of Pub. L No 90-351 (generally codified at 34 USC 10151-10158), including subpart 1 of part E (codified at 34 U.S C. 10151 - 10158); see also 28 U.S C 530C(a) Program-specific Information Permissible uses of JAG Funds —In general In general, JAG funds awarded to a unit of local government under this FY 2018 solicitation may be used to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice, including any one or more of the following • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Corrections and community corrections programs • Drug treatment and enforcement programs • Planning, evaluation, and technology improvement programs • Crime victim and witness programs (other than compensation) • Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams Additionally, JAG funds awarded to a unit of local government under this FY 2018 solicitation may be used for any purpose indicated in Appendix F. In connection with all of the above purposes (including those indicated in the appendix), it should be noted that the statute defines "criminal justice" as "activities pertaining to crime 5 BJA-2018-13626 prevention, control, or reduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not limited to prosecutorial and defender services,juvenile delinquency agencies and pretrial service or release agencies), activities of corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile delinquency " Under the JAG Program, units of local government may also use award funds for broadband deployment and adoption activities as they relate to criminal justice activities Limitations on the use of JAG funds Prohibited uses of funds—JAG funds may not be used (whether directly or indirectly) for any purpose prohibited by federal statute or regulation, including those purposes specifically prohibited by the JAG Program statute as set out at 34 U.S C § 10152 JAG funds may not be used (directly or indirectly) for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or public safety Additionally, JAG funds may not be used (directly or indirectly) to pay for any of the following items unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order: • Vehicles, vessels, or aircraft* • Luxury items • Real estate • Construction projects (other than penal or correctional institutions) • Any similar items *Police cruisers, police boats, and police helicopters are allowable vehicles under JAG and do not require BJA certification. For information related to requesting a waiver to obtain BJA certification for a listed prohibited item, or for examples of allowable vehicles that do not require BJA certification, refer to the JAG FAQs. Cap on use of JAG award funds for administrative costs— Up to 10 percent of a JAG award, including up to 10 percent of any earned interest, may be used for costs associated with administering the award Prohibition of supplanting: no use of JAG funds as match—JAG funds may not be used to supplant state or local funds but must be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities See the JAG FAQs for examples of supplanting. Although supplanting is prohibited, as discussed under What An Application Should Include, the leveraging of federal funding is encouraged Absent specific federal statutory authority to do so, JAG award funds may not be used as a match for the purposes of other federal awards 6 BJA-2018-13626 Other restrictions on use of funds— If a unit of local government chooses to use its FY 2018 JAG funds for particular, defined types of expenditures, it must satisfy certain preconditions • Body-Worn Cameras (BWC) A unit of local government that proposes to use FY 2018 JAG award funds to purchase BWC equipment, or to implement or enhance BWC programs, must provide OJP with a certification(s) that each unit of local government law enforcement agency receiving the equipment or implementing the program has policies and procedures in place related to BWC equipment usage, data storage and access, privacy considerations, and training. The certification form related to BWC policies and procedures can be found at https://www.bia.gov/Funding/BodvWornCameraCert pdf. A unit of local government that proposes to use JAG funds for BWC-related expenses will have funds withheld until the required certification is submitted and approved by OJP If the unit of local government proposes to change project activities to utilize JAG funds for BWC-related expenses after the award is accepted, the unit of local government must submit the signed certification to OJP at that time Further, before making any subaward for BWC-related expenses, the unit of local government JAG recipient must collect a completed BWC certification from the proposed subrecipient Any such certifications must be maintained by the unit of local government JAG recipient, and made available to OJP upon request The BJA BWC Toolkit provides model BWC policies and best practices to assist departments in implementing BWC programs. Apart from the JAG Program, BJA provides funds under the Body-Worn Camera Policy and Implementation Program (BWC Program). The BWC Program allows Jurisdictions to develop and implement policies and practices required for effective program adoption and address program factors, including the purchase, deployment, and maintenance of camera systems and equipment; data storage and access, and privacy considerations Interested units of local government may wish to refer to the BWC web page for more information Units of local government should note, however, that JAG funds may not be used as any part of the 50 percent match required by the BWC Program. • Body Armor Body armor purchased with FY 2018 JAG funds may be purchased at any threat level designation, make, or model from any distributor or manufacturer, as long as the body armor has been tested and found to comply with the latest applicable National Institute of Justice (NIJ) ballistic or stab standards Further, body armor purchased with FY 2018 JAG funds must be made in the United States, and must be "uniquely fitted " See 34 U S.C. § 10202(c)(1)(A) For a definition of"uniquely fitted" and more information about requirements associated with body armor purchases, see the JAG FAQs A unit of local government that proposes to use FY 2018 JAG award funds to purchase body armor must provide OJP with a certification(s) that each unit of local government law enforcement agency receiving body armor has a written "mandatory wear" policy in effect See 34 U.S C § 10202(c) The certification form related to mandatory wear can be found at www.bia.qov/Funding/BodyArmorMandatoryWearCert pdf 7 BJA-2018-13626 A unit of local government that proposes to use JAG funds to purchase body armor will have funds withheld until the required certification is submitted and approved by OJP. If the unit of local government proposes to change project activities to utilize JAG funds to purchase body armor after the award is accepted, the unit of local government must submit the signed certification to OJP at that time. Further, before making any subaward for the purchase of body armor, the unit of local government JAG recipient must collect a completed mandatory wear certification from the proposed subrecipient Any such certifications must be maintained by the unit of local government JAG recipient, and made available to OJP upon request A mandatory wear concept and issues paper and a model policy are available at the BVP Customer Support Center, at vests@usdoj goy or toll free at 1-877-758-3787 Additional information and FAQs related to the mandatory wear policy and certifications can be found at https'//www bia qov/Funding/JAGFAQ.pdf Apart from the JAG program, BJA provides funds under the Bulletproof Vest Partnership (BVP) Program The BVP Program is designed to provide a critical resource to state and local law enforcement agencies for the purchase of ballistic-resistant and stab-resistant body armor. For more information on the BVP Program, including eligibility and application, refer to the BVP web page. Units of local government should note, however, that JAG funds may not be used as any part of the 50 percent match required by the BVP Program. Itis also important to note that eligibility for the BVP Program is impacted by a local jurisdiction's use of funds under a local JAG award to purchase body annoy For additional information on the BVP Program, and eligibility restrictions related to receipt of JAG funding, review the BVP FAQs • Interoperable Communications Units of local government (and subrecipients) that use FY 2018 JAG funds to support emergency communications activities (including the purchase of interoperable communications equipment and technologies such as voice-over-Internet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission Waiver Order) should review FY 2018 SAFECOM Guidance The SAFECOM Guidance is updated annually to provide current information on emergency communications policies, eligible costs, best practices, and technical standards for state, local, tribal, and territorial grantees investing federal funds in emergency communications projects. Additionally, emergency communications projects funded with FY 2018 JAG funds should support the Statewide Communication Interoperability Plan (SCIP) and be coordinated with the fulltime Statewide Interoperability Coordinator (SWIC) in the state of the project As the central coordination point for their state's interoperability effort, the SWIC plays a critical role, and can serve as a valuable resource SWICs are responsible for the implementation of SCIP through coordination and collaboration with the emergency response community The U S Department of Homeland Security Office of Emergency Communications maintains a list of SWICs for each of the states and territories Contact OEC@hq.dhs qov All communications equipment purchased with FY 2018 JAG Program funding should be identified during quarterly performance metrics reporting Further, information sharing projects funded with FY 2018 JAG funds must comply with DOJ's Global Justice Information Sharing Initiative guidelines, as applicable, in order to 8 BJA-2018-13626 promote information sharing and enable interoperability among disparate systems across the Justice and public safety community. Recipients (and subrecipients) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at https'//www.it.oip.gov/qsp orantcondition Recipients (and subrecipients) will be required to document planned approaches to information sharing and describe compliance to the GSP and an appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. For JAG applicants considering implementing communications technology projects, it is worthwhile to consider the First Responder Network Authority (FirstNet) program. The Middle Class Tax Relief and Job Creation Act of 2012 (47 USC. §§ 1401 et seq ) established FirstNet as an independent authority within the National Telecommunications and Information Administration. FirstNet's statutory mission is to take all actions necessary to ensure the establishment of a nationwide public safety broadband network (NPSBN). The NPSBN will use the 700 MHz D block spectrum to provide Long-Term Evolution (LTE)-based broadband services and applications to public safety entities The network is based on a single, national network architecture that will evolve with technological advances and initially consist of a core network and radio access network While mission critical voice communications will continue to occur on land mobile radio, in time, FirstNet is expected to provide the public safety entities with mission critical broadband data capabilities and services including, but not limited to messaging; image sharing, video streaming, group text; voice; data storage, applications; location-based services; and quality of service, priority, and preemption This reliable, highly secure, interoperable, and innovative public safety communications platform will bring 21st century tools to public safety agencies and first responders, allowing them to get more information quickly and helping them to make faster and better decisions. For more information on FirstNet services, the unique value of the FirstNet network to public safety, and how to subscribe for the FirstNet service once your state or territory opts in, visit www FirstNet.gov. To learn about FirstNet's programs and activities, including its consultation and outreach with public safety, the state plan's process, FirstNet's history and promise, and how it plans to ensure the FirstNet network meets the needs of public safety—every day and in every emergency— visit www.FirstNet qov or contact info@firstnet gov • DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database If JAG Program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS, the national DNA database operated by the FBI) by a government DNA lab with access to CODIS No profiles generated with JAG funding may be entered into any other non- governmental DNA database without prior express written approval from BJA. In addition, funds may not be used for purchase of DNA equipment and supplies when the resulting DNA profiles from such technology are not acceptable for entry into CODIS • Entry of Records into State Repositories As appropriate and to the extent consistent with law, a condition may be imposed that would require the following With respect to any "program or activity" that receives federal financial assistance under this solicitation that is likely to generate or upgrade court dispositions or other records that are relevant to National Instant Background Check System (NICS) determinations, a system must be in place to ensure that all such 9 BJA-2018-13626 NICS-relevant dispositions or records that are generated or upgraded are made available in timely fashion to state repositories/databases that are accessed by NICS Requirements specific to "disparate"jurisdictions According to the JAG program statute, a "disparity' may exist between the funding eligibility of a county and its associated municipalities. See 34 U.S.C. § 10156(d)(4) Three different types of disparities may exist: • The first type is a zero-county disparity. This situation exists when one or more municipalities within a county are eligible for a direct award but the county is not; yet the county is responsible for providing criminal justice services (such as prosecution and incarceration) for the municipality. In this case, the county is entitled to part of the municipality's award because it shares the cost of criminal justice operations, although it may not report crime data to the FBI This is the most common type of disparity • A second type of disparity exists when both a county and a municipality within that county qualify for a direct award, but the award amount for the municipality exceeds 150 percent of the county's award amount • The third type of disparity occurs when a county and multiple municipalities within that county are all eligible for direct awards, but the sum of the awards for the individual municipalities exceeds 400 percent of the county's award amount Jurisdictions identified by BJA as disparate must identify a fiscal agent that will submit a joint application for the aggregate eligible allocation to all disparate municipalities The joint application must determine and specify the award distribution to each unit of local government and the purposes for which the funds will be used A memorandum of understanding (MOU) that identifies which jurisdiction will serve as the applicant or fiscal agent for joint funds must be completed and signed by the authorized representative for each participating jurisdiction The signed MOU should be attached to the application For a sample MOU, go to. www.bia qov/Funding/JAGMOU.pdf Once an award is made, the fiscal agent will be responsible for distributing award funds to the other jurisdictions in the disparate group through subawards that include all appropriate award conditions. Unless specified differently, any reference in this solicitation to "applicant" or "recipient" includes each fiscal agent applying on behalf of a disparate group Further, "subrecipients" includes those disparate jurisdictions that receive award funding from the fiscal agent, rather than directly from OJP Required compliance with applicable federal laws By law, the chief executive (e g , the mayor) of each unit of local government that applies for an FY 2018 JAG award must certify that the unit of local government will "comply with all provisions of[the JAG Program statute] and all other applicable Federal laws." To satisfy this requirement, each unit of local government applicant must submit three properly executed certifications using the forms shown in Appendices A, B, and C All applicants should understand that OJP awards, including certifications provided in connection with such awards, are subject to review by DOJ, including by OJP and by the DOJ Office of the Inspector General Applicants also should understand that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in a 10 B]A-2018-13626 certification submitted to OJP in support of an application may be the subject of criminal prosecution, and also may result in civil penalties and administrative remedies for false claims or otherwise Administrative remedies that may be available to OJP with respect to an FY 2018 award include suspension or termination of the award, placement on the DOJ high risk grantee list, disallowance of costs, and suspension or debarment of the recipient National Incident-Based Reporting System (NIBRS) 3 percent set-aside In FY 2016, the Federal Bureau of Investigation (FBI) formally announced its intention to sunset the Uniform Crime Reporting (UCR) Program's traditional Summary Reporting System (SRS) and replace it with the UCR Program's National Incident-Based Reporting System (NIBRS). By January 1, 2021, the FBI intends for NIBRS to be the law enforcement crime data reporting standard for the nation. By statute, JAG Program awards are calculated using summary Part 1 violent crime data from the FBI's UCR Program. See 34 U.S.C. § 10156. Once SRS has been replaced by NIBRS, JAG award amounts will be calculated using NIBRS data In preparation for the FBI's 2021 NIBRS compliance deadline, beginning in FY 2018, BJA is requiring, through the application of a special condition, that direct JAG award recipients not certified by their state (or, as applicable. the FBI) as NIBRS compliant to dedicate 3 percent of their JAG award toward achieving full compliance with the FBI's NIBRS data submission requirements under the UCR Program. The 3 percent requirement will assist state and local jurisdictions in working toward compliance to ensure they continue to have critical criminal justice funding available through JAG when SRS is replaced by NIBRS in FY 2021. The requirement for a NIBRS set-aside will be applicable to all jurisdictions in a disparate group, but will not otherwise be applied to subawards That is, the unit of local government serving as fiscal agent for a disparate group will be required by special condition to require each of the other jurisdictions in the disparate group to set aside 3 percent of FY 2018 JAG funds received by that jurisdiction to be used for NIBRS compliance activities, unless that jurisdiction receives a waiver from the BJA Director, as described below Units of local government must clearly indicate in their application narratives and budgets what projects will be supported with this 3 percent set-aside. The following are examples of costs and projects that relate to NIBRS implementation at the state or local level that could be funded under the JAG Program software, hardware, and labor that directly support or enhance a state or agency's technical capacity for collecting, processing, and analyzing data reported by local law enforcement (LE) agencies and then submitting NIBRS data to the FBI; training personnel responsible for the state's Incident Based Reporting (IBR) program on receiving, processing, analyzing, and validating incident-based data from local LE agencies in their state; training local agencies in how to collect and submit NIBRS data; and technical assistance for LE agency personnel responsible for (1) managing the agency's crime incident data, (2) processing and validating the data, and (3) extracting and submitting IBR data to the state UCR Program, according to the states, and/or directly to the FBI, according to the NIBRS standard. Units of local government that have been certified as NIBRS compliant by their state, or directly by the FBI, may submit a waiver to the BJA Director requesting an exemption from the 3 percent set-aside requirement The waiver request from an appropriate local official must clearly state that the unit of local government has been certified as NIBRS compliant by their state, or directly by the FBI, and should be submitted with the application, or, as appropriate, through request for a Grant Adjustment Notice after an award is made In any instance in which a waiver 11 BJA-2018-13526 request is submitted, the unit of local government must retain documentation on file that demonstrates the state or FBI certification of NIBRS-compliance Such documentation must be made available for BJA review, upon request. The BJA Director will review all requests for waivers If approved, states will not be subject to the 3 percent set-aside requirement. Note U S. Territories and tribal jurisdictions will not be subject to the 3 percent set-aside for NIBRS-compliance until FY 2019 Tribal jurisdictions and the five U.S. territories are strongly encouraged to dedicate a portion of JAG funding to NIBRS conversion; however, this is not a requirement for FY 2018 JAG funding. Utilizing this phased-in approach will allow the territories and tribal jurisdictions to plan for the change in funding direction and provide BJA with time to coordinate or provide any necessary technical assistance surrounding this topic BJA Areas of Emphasis BJA recognizes that many state and local criminal justice systems currently face challenging fiscal environments, and that an important, cost-effective way to relieve those pressures is to share or leverage resources through cooperation between federal, state, and local law enforcement. BJA intends to focus much of its work on the areas of emphasis described below, and encourages each recipient of an FY 2018 JAG award to join federal law enforcement agencies in addressing these challenges Reducing Violent Crime–Recognizing that crime problems, including felonious possession and use of a firearm and/or gang violence, illegal drug sales and distribution, human trafficking, and other related violent crime, vary from community to community, BJA encourages states to tailor their programs to the local crime issues, and to be data-informed in their work States should consider investing JAG funds in programs to combat gun violence, and to improve the process for ensuring that persons prohibited from purchasing guns (see, e g , 18 U S.0 § 922(g)) are prevented from doing so, by utilizing technology such as eTrace and NIBIN to analyze evidence as well as by enhancing complete, accurate, and timely reporting to the FBI's NICS States are also encouraged to coordinate with United States Attorneys Offices and Project Safe Neighborhood (PSN) grantees in order to leverage funding for violence reduction projects, and to coordinate their law enforcement activities with those of federal law enforcement agencies, such as the FBI, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, and the Department of Homeland Security. Officer Safety and Wellness–The issue of law enforcement safety and wellness is an important priority for BJA and DOJ According to the Preliminary 2017 Law Enforcement Officer Fatalities Report, released by the National Law Enforcement Officers Memorial Fund (NLEOMF), as of December 28, 2017, there were 128 law enforcement line-of-duty deaths nationwide in 2017. Firearms-related deaths were the second leading cause of law enforcement deaths (44) in 2017, according to the NLEOMF report. Of those deaths, the leading circumstance was officers shot while responding to a domestic disturbance (7), followed by traffic enforcement, investigative activities, and dealing with a suspicious person or vehicle-6 instances in each circumstance Additionally, deaths due to circumstances other than firearms- or traffic-related deaths increased by 61 percent in 2017, with 37 deaths compared to 23 in 2016 Sixteen of those deaths were due to job-related illnesses, including 10 due to heart attacks. Based on the latest reports (2016 and 2015) from the FBI's Law Enforcement Officers Killed and Assaulted(LEOKA) data, there appeared to be a continuing increase in assaults between 2015 and 2016. There were 57,180 assaults in 2016 versus 50,212 in 2015 Of those, 16,535 resulted in officer injuries in 2016 compared to 14,281 in 2015 The 2016 LEOKA reports that 12 BJA-2018-13626 there were 17 officers killed in ambush situations, which is an increase from 2015 when 4 officers were killed in ambush situations. BJA sees a vital need to focus not only on tactical officer safety concerns, but also on health and wellness as they affect officer performance and safety. It is important for law enforcement to have the tactical skills necessary, and also be physically and mentally well, to perform, survive, and be resilient in the face of the demanding duties of the profession. BJA encourages states to use JAG funds to address these needs by providing training, and paying for tuition and travel expenses related to attending trainings such as those available through the BJA VALOR Initiative, as well as funding for health and wellness programs for law enforcement officers. Border Security— Securing U S borders (and internationally accessible waterways and -airports) is critically important to the reduction and prevention of transnational drug- trafficking networks and combating all forms of human trafficking within the United States (including sex and labor trafficking of foreign nationals and U S. citizens of all sexes and ages) Smuggling and trafficking operations to, from and within the United States contribute to a significant increase in violent crime and U S. deaths BJA encourages units of local government to enhance border, waterway, and port security by using JAG funds to support law enforcement hiring, training, and technology enhancement, as well as cooperation and coordination among federal, state, local, and tribal law enforcement agencies Collaborative Prosecution and Law Enforcement— BJA supports strong partnerships between prosecutors and law enforcement, at all levels of government, in order to help take violent offenders off the street BJA strongly encourages state and local law enforcement agencies to foster strong partnerships with federal law enforcement agencies, and with their own prosecutors, as well as federal prosecutors, to adopt new, cost-effective, collaborative strategies to reduce crime, particularly violent crime (BJA's Innovative Prosecution Solutions Initiative is a related effort to promote partnerships between prosecutors and researchers to develop and deliver effective, data-driven, evidence-based strategies to solve chronic problems and fight crime ) Objectives and Deliverables In general, the FY 2018 JAG Program is designed to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice Although the JAG Program provides assistance directly to states, through pass- through (and similar) requirements, the JAG Program also is designed to assist units of local government with respect to criminal justice As discussed En more detail in the General Information about Post-federal Award Reporting Requirements discussion, a state that receives an FY 2018 JAG award will be required to produce various types of reports and to submit data related to performance measures and accountability The objectives and deliverables are directly related to the JAG Program accountability measures at httns //biapmt.oip.gov/help/iagdocs.html Evidence-based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making and program development in criminal justice,juvenile justice, and crime victim services. OJP is committed to • Improving the quantity and quality of evidence OJP generates 13 BJA-2018-13626 • Integrating evidence into program, practice, and policy decisions within OJP and the field • Improving the translation of evidence into practice OJP considers programs and practices to be evidence-based when their effectiveness has been demonstrated by causal evidence, generally obtained through one or more outcome evaluations Causal evidence documents a relationship between an activity or intervention (including technology) and its intended outcome, including measuring the direction and size of a change, and the extent to which a change may be attributed to the activity or intervention Causal evidence depends on the use of scientific methods to rule out, to the extent possible, alternative explanations for the documented change. The strength of causal evidence, based on the factors described above, will influence the degree to which OJP considers a program or practice to be evidence-based The OJP CrimeSolutions gov website at httpsi//www crimesolutions.00v/ is one resource that applicants may use to find information about evidence-based programs in criminal justice, juvenile justice, and crime victim services A useful matrix of evidence-based policing programs and strategies is available through BJA's Matrix Demonstration Project BJA offers a number of program models designed to effectively implement promising and evidence-based strategies through the BJA "Innovation Suite" of programs including Innovations in Policing, Prosecution, Supervision, Reentry, and others (see https://www bia qov/Programs/CRPPE/innovationssuite html). BJA encourages states to use JAG funds to support these "crime innovation" strategies, including effective partnerships with universities and research partners and with non-traditional criminal justice partners Information Regarding Potential Evaluation of Programs and Activities The Department of Justice has prioritized the use of evidence-based programming and deems it critical to continue to build and expand the evidence informing criminal and juvenile justice programs and crime victim services to reach the highest level of rigor possible. Therefore, applicants should note that OJP may conduct or support an evaluation of the programs and activities funded under this solicitation. Recipients and subrecipients will be expected to cooperate with program-related assessments or evaluation efforts, including through the collection and provision of information or data requested by OJP (or its designee) for the assessment or evaluation of any activities and/or outcomes of those activities funded under this solicitation The information or data requested may be in addition to any other financial or performance data already required under this program BJA Success Stories The BJA-sponsored Success Stories web page features projects that have demonstrated success or shown promise in reducing crime and positively impacting communities. This web page is a valuable resource for states, localities, territories, tribes, and criminal justice professionals who seek to identify and learn about JAG and other successful BJA-funded projects linked to innovation, crime reduction, and evidence-based practices BJA strongly encourages the recipient to submit success stories annually (or more frequently). If a state has a success story it would like to submit, it may be submitted through My BJA account, using "add a Success Story" and the Success Story Submission form Register for a My BJA account using this registration link 14 BJA-2018-13626 B. Federal Award Information BJA estimates that it will make up to 1,147 local awards totaling an estimated $84,500.000 Awards of at least $25,000 are 4 years in length, and performance periods will be from October 1, 2017 through September 30, 2021. Extensions beyond this period may be made on a case- by-case basis at the discretion of BJA and must be requested via GMS no fewer than 30 days prior to the grant end date. Awards of less than $25,000 are 2 years in length, and performance periods will be from October 1, 2017 through September 30, 2019. Extensions of up to 2 years can be requested for these awards via GMS no fewer than 30 days prior to the grant end date, and will be automatically granted upon request All awards are subject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by statute. Type of Award BJA expects that any award under this solicitation will be in the form of a grant See Statutory and Regulatory Requirements; Award Conditions, under Section F. Federal Award Administration Information, for a brief discussion of important statutes, regulations, and award conditions that apply to many (or in some cases, all) OJP grants. JAG awards are based on a statutory formula as described below Once each fiscal year's overall JAG Program funding level is determined, BJA works with the Bureau of Justice Statistics (BJS) to begin a four-step grant award calculation process, which, in general, consists of (1) Computing an initial JAG allocation for each state, based on its share of violent crime and population (weighted equally). (2) Reviewing the initial JAG allocation amount to determine if the state allocation is less than the minimum award amount defined in the JAG legislation (0 25 percent of the total) If this is the case, the state is funded at the minimum level, and the funds required for this are deducted from the overall pool of JAG funds. Each of the remaining states receives the minimum award plus an additional amount based on its share of violent crime and population. (3) Dividing each state's final award amount (except for the territories and District of Columbia) between the state and its units of local governments at a rate of 60 and 40 percent, respectively (4) Determining unit of local government award allocations, which are based on their proportion of the state's 3-year violent crime average If the "eligible award amount" for a particular unit of local government, as determined on this basis, is $10,000 or more, then the unit of local government is eligible to apply directly to OJP (under the JAG Local solicitation) for a JAG award If the "eligible award amount" to a particular unit of local government, as determined on this basis, is less than $10,000, however, the funds are not made available for a direct award to that particular unit of local government, but 15 BJA-2018-13626 instead are added to the amount that otherwise would have been awarded to the state. (Additional requirements related to "disparate" jurisdictions are summarized above) Financial Management and System of Internal Controls Award recipients and subrecipients (including recipients or subrecipients that are pass-through entities') must, as described in the Part 200 Uniform Requirements2 as set out at 2 C F.R 200 303 (a) Establish and maintain effective internal control over the Federal award that provides reasonable assurance that [the recipient (and any subrecipient)] is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award These internal controls should be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States and the "Internal Control Integrated Framework", issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO) (b) Comply with Federal statutes, regulations, and the terms and conditions of the Federal awards. (c) Evaluate and monitor [the recipient's (and any subrecipient's)] compliance with statutes, regulations, and the terms and conditions of Federal awards (d) Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings (e) Take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or pass-through entity designates as sensitive or [the recipient (or any subrecipient)] considers sensitive consistent with applicable Federal, State, local, and tribal laws regarding privacy and obligations of confidentiality To help ensure that applicants understand the administrative requirements and cost principles, OJP encourages prospective applicants to enroll, at no charge, in the DOJ Grants Financial Management Online Training, available at https://olpfgm.webfirst.com/. (This training is required for all OJP award recipients ) Also, applicants should be aware that OJP collects information from applicants on their financial management and systems of internal controls (among other information) which is used to make award decisions Under Section D. Application and Submission Information, applicants may access and review the OJP Financial Management and System of Internal Controls Questionnaire (https//oip.00v/fundinq/Apply/Resources/FinancialCapabilitv.pdf) that OJP requires all applicants (other than an individual applying in his/her personal capacity) to download. complete, and submit as part of the application 1 For purposes of this solicitation.the phrase"pass-through entity includes any recipient or subrecipient that provides a subaward ("subgrant") to carry out part of the funded award or program 2 The"Part 200 Uniform Requirements"refers to the DOJ regulation at 2 C F R Part 2800,which adopts(with certain modifications)the provisions of 2 C F R Part 200 16 B3A-2018-13626 Budget and Financial Information Trust Fund – Units of local government may draw down JAG funds either in advance or on a reimbursement basis Non-federal entities must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 CFR 200.305(b)(8)) Subrecipients that draw down JAG funds in advance are subject to the same requirement and must first establish an interest-bearing account. Tracking and reporting regarding JAG funds used for administrative costs–As indicated earlier, up to 10 percent of a JAG award, including up to 10 percent of any earned interest, may be used for costs associated with administering the award. Administrative costs (when utilized) must be tracked separately, a recipient must report in separate financial status reports (SF-425) those expenditures that specifically relate to each particular JAG award during any particular reporting period. No commingling– Both the unit of local government recipient and all subrecipients of JAG funds are prohibited from commingling funds on a program-by-program or project-by-project basis For this purpose, use of the administrative JAG funds to perform work across all active awards in any one year is not considered commingling. Cost Sharing or Match Requirement The JAG Program does not require a match However, if a successful application proposes a voluntary match amount, and OJP approves the budget, the total match amount incorporated into the approved budget becomes mandatory and subject to audit. For additional cost sharing and match information, see the DOJ Grants Financial Guide at https//clip qov/financialquide/DOJ/index.htm. Pre-agreement Costs (also known as Pre-award Costs) Pre-agreement costs are costs incurred by the applicant prior to the start date of the period of performance of the grant award OJP does not typically approve pre-agreement costs An applicant must request and obtain the prior written approval of OJP for any such costs All such costs incurred prior to award and prior to approval of the costs are incurred at the sole risk of the applicant (Generally, no applicant should incur project costs before submitting an application requesting federal funding for those costs ) Should there be extenuating circumstances that make it appropriate for OJP to consider approving pre-agreement costs, the applicant may contact the point of contact listed on the title page of this solicitation for the requirements concerning written requests for approval If approved in advance by OJP, award funds may be used for pre-agreement costs, consistent with the recipient's approved budget and applicable cost principles See the section on Costs Requiring Prior Approval in the DOJ Grants Financial Guide at https//oip qov/financialquide/DOJ/index.htm for more information. Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs OJP strongly encourages every applicant that proposes to use award funds for any conference-, meeting-, or training-related activity (or similar event) to review carefully—before submitting an application—the OJP and DOJ policy and guidance on approval, planning, and reporting of such 17 BJA-2018-13626 events, available at https//www.oip.gov/financialquide/DOJ/PostawardRequirements/chapter3 10a htm OJP policy and guidance (1) encourage minimization of conference, meeting, and training costs, (2) require prior written approval (which may affect project timelines) of most conference, meeting, and training costs for cooperative agreement recipients, as well as some conference, meeting, and training costs for grant recipients, and (3) set cost limits, which include a general prohibition of all food and beverage costs Costs Associated with Language Assistance (if applicable) If an applicant proposes a program or activity that would deliver services or benefits to individuals, the costs of taking reasonable steps to provide meaningful access to those services or benefits for individuals with limited English proficiency may be allowable. Reasonable steps to provide meaningful access to services or benefits may include interpretation or translation services, where appropriate. For additional information, see the "Civil Rights Compliance" section under"Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2018 Awards" in the OJP Funding Resource Center at https//oip.gov/fundinq/index.htm C. Eligibility Information For information on eligibility, see the title page Note that, as discussed in more detail below, the certifications regarding compliance with certain federal laws (See Appendices B and C) must be executed and submitted before a unit of local government (other than an Indian tribal government) can make a valid award acceptance. Also, a unit of local government may not access award funds (and its award will include a condition that withholds funds) until it submits a properly executed "Certifications and Assurances by Chief Executive of Applicant Government." (See Appendix A) D. Application and Submission Information What an Application Should Include This section describes in detail what an application should include An applicant should anticipate that if it fails to submit an application that contains all of the specified elements, it may negatively affect the review of its application, and, should a decision be made to make an award, it may result in the inclusion of award conditions that preclude the recipient from accessing or using award funds until the recipient satisfies the conditions and OJP makes the funds available NOTE OJP has combined the Budget Detail Worksheet and Budget Narrative in a single document collectively referred to as the Budget Detail Worksheet. See "Budget Information and Associated Documentation" below for more information about the Budget Detail Worksheet and where it can be accessed OJP strongly recommends that applicants use appropriately descriptive file names (e.g , "Program Narrative," "Budget Detail Worksheet," "Timelines," "Memoranda of Understanding," 18 BJA-2018-13626 "Resumes") for all attachments Also, OJP recommends that applicants include résumés in a single file. Please review the "Note on File Names and File Types" under How to Apply to be sure applications are submitted in permitted formats. In general, if a unit of local government fails to submit required information or documents, OJP either will return the unit of local government's application in the Grants Management System (GMS)for submission of the missing information or documents, or will attach a condition to the award that will withhold award funds until the necessary information and documents are submitted. (As discussed elsewhere in this solicitation, the certification regarding compliance with certain federal laws—which are set out at Appendix B and Appendix C—will be handled differently. Unless and until those certifications are submitted, the unit of local government(other than an Indian tribal government) will be unable to make a valid acceptance of the award.) 1. Information to Complete the Application for Federal Assistance (SF-424) The SF-424 is a required standard form used as a cover sheet for submission of pre- applications, applications, and related information. GMS takes information from the applicant's profile to populate the fields on this form To avoid processing delays, an applicant must include an accurate legal name on its SF- 424. Current OJP award recipients, when completing the field for"Legal Name," should use the same legal name that appears on the prior year award document, which is also the legal name stored in OJP's financial system. On the SF-424, enter the Legal Name in box 5 and Employer Identification Number (EIN) in box 6 exactly as it appears on the prior year award document. An applicant with a current, active award(s) must ensure that its GMS profile is current If the profile is not current, the applicant should submit a Grant Adjustment Notice updating the information on its GMS profile prior to applying under this solicitation A new applicant entity should enter its official legal name, its address, its EIN, and its Data Universal Numbering System (DUNS). A new applicant entity should attach official legal documents to its application (e g , articles of incorporation, 501(c)(3) status documentation, organizational letterhead) to confirm the legal name, address, and EIN entered into the SF- 424 OJP will use the System for Award Management (SAM) to confirm the legal name and DUNS number entered in the SF-424, therefore, an applicant should ensure that the information entered in the SF-424 matches its current registration in SAM See the How to Apply section for more information on SAM and DUNS numbers Intergovernmental Review: This solicitation ("funding opportunity") is subject to Executive Order 12372. An applicant may find the names and addresses of State Single Points of Contact (SPOCs) at the following website https://www whitehouse gov/wp- content/uploads/2017/11/Intergovernmental -Review- SPOC 01 2018 OFFM pdf If the state appears on the SPOC list, the applicant must contact the state SPOC to find out about, and comply with, the state's process under E.0 12372 In completing the SF-424, an applicant whose state appears on the SPOC list is to make the appropriate selection in response to question 16 once the applicant has complied with its State EO 12372 process (An applicant whose state does not appear on the SPOC list should answer question 16 by 19 BJA-2018-13626 selecting the response that the "Program is subject to E.0 12372 but has not been selected by the State for review.") 2. Project Identifiers Applications should identify at least three and no more than ten project identifiers that would be associated with proposed project activities. The list of identifiers can be found at www.bja gov/funding/JAGldentif .ers.pdf. 3. Program Narrative The following sections should be included as part of the program narrativea- a Description of the Issues— Identify the unit of local government's strategy/funding priorities for the FY 2018 JAG funds, the subgrant award process and timeline, and a description of the programs to be funded over the grant period Units of local government are strongly encouraged to prioritize the funding on evidence-based projects b Protect Design and Implementation — Describe the unit of local government's strategic planning process, if any, that guides its priorities and funding strategy This should include a description of how the local community is engaged in the planning process and the data and analysis utilized to support the plan, it should identify the stakeholders currently participating in the strategic planning process, the gaps in the needed resources for criminal justice purposes, and how JAG funds will be coordinated with state and related justice funds c Capabilities and Competencies— Describe any additional strategic planning/coordination efforts in which the units of local government participates with other criminal justice criminal/juvenile justice agencies in the state. d. Plan for Collecting the Data Required for this Solicitation's Performance Measures — OJP will require each successful applicant to submit specific performance measures that demonstrate the results of the work carried out under the award (see "General Information about Post-Federal Award Reporting Requirements" in Section F. Federal Award Administration Information). The performance measures data directly relate to the objectives and deliverables identified under Oblectives and Deliverables in Section A. Program Description Applicants should visit OJP's performance measurement page at www.oip.gov/performance for an overview of performance measurement activities at OJP Post award, recipients will be required to submit quarterly performance metrics through BJA's Performance Measurement Tool (PMT), located at https //biapmtoip goy The application should describe the applicant's plan for collection of all of the performance measures data listed in the JAG Program accountability measures at https//biapmt oip qov/help/lagdocs.html. 3 For information on subawards(including the details on proposed subawards that should be included in the application),see"Budget and Associated Documentation" under Section D Application and Submission Information 20 B3A-2018-13626 The application should demonstrate the applicant's understanding of the performance data reporting requirements for this grant program and detail how the applicant will gather the required data should it receive funding. Please note that applicants are not required to submit performance data with the application Performance measures information is included as an alert that successful applicants will be required to submit performance data as part of the reporting requirements under an award. Note on Project Evaluations An applicant that proposes to use award funds through this solicitation to conduct project evaluations should be aware that certain project evaluations (such as systematic investigations designed to develop or contribute to generalizable knowledge) may constitute "research" for purposes of applicable DOJ human subjects protection regulations However, project evaluations that are intended only to generate internal improvements to a program or service, or are conducted only to meet OJP's performance measure data reporting requirements, likely do not constitute "research." Each applicant should provide sufficient information for OJP to determine whether the particular project it proposes would either intentionally or unintentionally collect and/or use information in such a way that it meets the DOJ regulatory definition of research that appears at 28 C F.R. Part 46 ("Protection of Human Subjects") Research, for the purposes of human subjects protection for OJP-funded programs, is defined as "a systematic investigation, including research development. testing and evaluation, designed to develop or contribute to generalizable knowledge." 28 C F R 46 102(d) For additional information on determining whether a proposed activity would constitute research for purposes of human subjects protection, applicants should consult the decision tree in the "Research and the Protection of Human Subjects" section of the "Requirements related to Research" web page of the "Overview of Legal Requirements General Applicable to OJP Grants and Cooperative Agreements - FY 2018 Awards" available through the OJP Funding Resource Center at https.//oip.gov/funding/index htm Every prospective applicant whose application may propose a research or statistical component also should review the "Data Privacy and Confidentiality Requirements" section on that web page. 4. Budget and Associated Documentation The Budget Detail Worksheet and the Budget Narrative are now combined in a single document collectively referred to as the Budget Detail Worksheet. The Budget Detail Worksheet is a user-friendly, fillable, Microsoft Excel-based document designed to calculate totals Additionally, the Excel workbook contains worksheets for multiple budget years that can be completed as necessary. All applicants should use the Excel version when completing the proposed budget in an application, except in cases where the applicant does not have access to Microsoft Excel or experiences technical difficulties. If an applicant does not have access to Microsoft Excel or experiences technical difficulties with the Excel version, then the applicant should use the 508-compliant accessible Adobe Portable Document Format (PDF) version 21 BJA-2018-13626 Both versions of the Budget Detail Worksheet can be accessed at https.//oip.gov/funding/Apply/Forms/BudgetDetailWorksheet Mm • a. Budget Detail Worksheet The Budget Detail Worksheet should provide the detailed computation for each budget line item, listing the total cost of each and showing how it was calculated by the applicant For example, costs for personnel should show the annual salary rate and the percentage of time devoted to the project for each employee paid with grant funds. The Budget Detail Worksheet should present a complete itemization of all proposed costs For questions pertaining to budget and examples of allowable and unallowable costs, see the DOJ Grants Financial Guide at https://olp qov/financialquide/DOJhndex.htm b. Budget Narrative The budget narrative should thoroughly and clearly describe every category of expense listed in the proposed budget detail worksheet OJP expects proposed budgets to be complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities) This narrative should include a full description of all costs, including funds set aside for NIBRS project(s) and administrative costs (if applicable). An applicant should demonstrate in its budget narrative how it will maximize cost effectiveness of award expenditures. Budget narratives should generally describe cost effectiveness in relation to potential alternatives and the objectives of the project For example, a budget narrative should detail why planned in-person meetings are necessary, or how technology and collaboration with outside organizations could be used to reduce costs, without compromising quality The budget narrative should be mathematically sound and correspond clearly with the information and figures provided in the Budget Detail Worksheet The narrative should explain how the applicant estimated and calculated all costs, and how those costs are necessary to the completion of the proposed project The narrative may include tables for clarification purposes, but need not be in a spreadsheet format As with the Budget Detail Worksheet, the budget narrative should describe costs by year c. Information on Proposed Subawards (if any), as well as on Proposed Procurement Contracts (if any) Applicants for OJP awards typically may propose to make "subawards " Applicants also may propose to enter into procurement"contracts" under the award Whether an action—for federal grants administrative purposes—is a subaward or procurement contract is a critical distinction as significantly different rules apply to subawards and procurement contracts If a recipient enters into an agreement that is a subaward of an OJP award, specific rules apply—many of which are set by federal statutes and DOJ regulations, others by award conditions. These rules place particular responsibilities on an OJP recipient for any subawards the OJP recipient may make The rules determine much of what the written subaward agreement itself must require or provide The rules also determine much of what an OJP recipient must do both before and after it makes a subaward If a recipient enters into an agreement that is a 22 BJA-2018-13626 procurement contract under an OJP award, a substantially different set of federal rules applies OJP has developed the following guidance documents to help clarify the differences between subawards and procurement contracts under an OJP award and outline the compliance and reporting requirements for each. This information can be accessed online at https//oil) qov/traininq/traininq.htm. • Subawards under OJP Awards and Procurement Contracts under Awards: A Toolkit for OJP Recipients. • Checklist to Determine Subrecipient or Contractor Classification. • Sole Source Justification Fact Sheet and Sole Source Review Checklist. In general, the central question is the relationship between what the third-party will do under its agreement with the recipient and what the recipient has committed (to OJP) to do under its award to further a public purpose (e g , services the recipient will provide, products it will develop or modify, research or evaluation it will conduct). If a third party will provide some of the services the recipient has committed (to OJP) to provide, will develop or modify all or part of a product the recipient has committed (to OJP) to develop or modify, or conduct part of the research or evaluation the recipient has committed (to OJP) to conduct, OJP will consider the agreement with the third party a subaward for purposes of federal grants administrative requirements. This will be true even if the recipient, for internal or other non-federal purposes, labels or treats its agreement as a procurement, a contract, or a procurement contract. Neither the title nor the structure of an agreement determines whether the agreement—for purposes of federal grants administrative requirements—is a "subaward" or is instead a procurement"contract" under an award The substance of the relationship should be given greater consideration than the form of agreement between the recipient and the outside entity 1. Information on proposed subawards and required certifications regarding certain federal laws from certain subrecipients General requirement for federal authorization of any subaward, statutory authorizations of subawards under the JAG Program statute Generally, a recipient of an OJP award may not make subawards ("subgrants") unless the recipient has specific federal authorization to do so. Unless an applicable statute or DOJ regulation specifically authorizes (or requires) particular subawards, a recipient must have authorization from OJP before it may make a subaward JAG subawards that are required or specifically authorized by statute (see 34 U.S.C. § 10152(a) and 34 U.S.C. § 10156) do not require prior approval to authorize subawards. This includes subawards made by units of local government under the JAG Program. A particular subaward may be authorized by OJP because the recipient included a sufficiently detailed description and justification of the proposed subaward in the application as approved by OJP If, however, a particular subaward is not authorized by federal statute or regulation and is not sufficiently described and Justified in the 23 BJA-2018-13626 application as approved by OJP, the recipient will be required, post award, to request and obtain written authorization from OJP before it may make the subaward. If an applicant proposes to make one or more subawards to carry out the federal award and program, and those subawards are not specifically authorized (or required) by statute or regulation, the applicant should: (1) identify (if known) the proposed subrecipient(s), (2) describe in detail what each subrecipient will do to carry out the federal award and federal program, and (3) provide a justification for the subaward(s), with details on pertinent matters such as special qualifications and areas of expertise Pertinent information on subawards should appear not only in the Program Narrative, but also in the Budget Detail Worksheet and Budget Narrative Required certifications, generally relating to various federal statutes, from any proposed subrecipient that is a state or local government entity Before a unit of local government may subaward FY 2018 award funds to another unit of local government or to a public institution of higher education, it will be required (by specific award condition, the terms of which will govern) to obtain a properly executed certification, generally relating to various specific federal laws, from the proposed subrecipient (This requirement regarding these federal laws will not apply to subawards to Indian tribes). The specific certification the unit of local government must require from another unit of local government will vary somewhat from the specific certification it must require from a public institution of higher education The forms will be posted and available for download at https://oip.gov/funding/Explore/SampleCertifications- 8USC1373 htm 2. Information on proposed procurement contracts (with specific justification for proposed noncompetitive contracts over$150,000) Unlike a recipient contemplating a subaward, a recipient of an OJP award generally does not need specific prior federal authorization to enter into an agreement that— for purposes of federal grants administrative requirements—is considered a procurement contract, provided that (1) the recipient uses its own documented procurement procedures and (2) those procedures conform to applicable federal law, including the Procurement Standards of the (DOJ) Part 200 Uniform Requirements (as set out at 2 C F R. 200.317 - 200 326) The Budget Detail Worksheet and budget narrative should identify proposed procurement contracts (As discussed above, subawards must be identified and described separately from procurement contracts.) The Procurement Standards in the Part 200 Uniform Requirements, however, reflect a general expectation that agreements that (for purposes of federal grants administrative requirements) constitute procurement "contracts" under awards will be entered into on the basis of full and open competition All noncompetitive (sole source) procurement contracts must meet the OJP requirements outlined at https.//oip.aov/training/subawards-procurement htm If a proposed procurement contract would exceed the simplified acquisition threshold—currently, $150,000—a recipient of an OJP award may not proceed without competition unless and until the recipient receives specific advance authorization from OJP to use a non-competitive approach for the procurement. An applicant that (at the time of its application) intends—without competition—to enter into a procurement contract that would exceed $150,000 should include a detailed justification that explains to OJP why, in the particular circumstances, it is appropriate to proceed without competition. 24 B]A-2018-13626 If the applicant receives an award, sole source procurements that do not exceed the Simplified Acquisition Threshold (currently $150,000) must have written justification for the noncompetitive procurement action maintained in the procurement file. If a procurement file does not have the documentation that meets the criteria outlined in 2 C F.R. 200, the procurement expenditures may not be allowable Sole source procurement over the $150,000 Simplified Acquisition Threshold must have prior approval from OJP using a Sole Source Grant Adjustment Notice (GAN). Written documentation justifying the noncompetitive procurement must be submitted with the GAN and maintained in the procurement file d. Pre-Agreement Costs For information on pre-agreement costs, see Section B Federal Award Information 5. Indirect Cost Rate Agreement(if applicable) Indirect costs may be charged to an award only if. (a) The recipient has a current (unexpired), federally approved indirect cost rate, or (b) The recipient is eligible to use, and elects to use, the "de minimis" indirect cost rate described in the (DOJ) Part 200 Uniform Requirements, as set out at 2 C.F R. 200 414(f). Note: This rule does not eliminate or alter the JAG-specific restriction in federal law that charges for administrative costs may not exceed 10 percent of the award amount, regardless of the approved indirect cost rate. An applicant with a current (unexpired) federally approved indirect cost rate is to attach a copy of the indirect cost rate agreement to the application. An applicant that does not have a current federally approved rate may request one through its cognizant federal agency, which will review all documentation and approve a rate for the applicant entity, or, if the applicant's accounting system permits, applicants may propose to allocate costs in the direct cost categories. For assistance with identifying the appropriate cognizant federal agency for indirect costs, please contact the ()CFO Customer Service Center at 1-800-458-0786 or at ask ocfo@usdoj gov. If DOJ is the cognizant federal agency, applicants may obtain information needed to submit an indirect cost rate proposal at. www.oip gov/funding/Apply/Resources/IndirectCosts.pdf Certain OJP recipients have the option of electing to use the "de minimis" indirect cost rate An applicant that is eligible to use the "de minimis" rate that wishes to use the "de minimis" rate should attach written documentation to the application that advises OJP of both-- (1) the applicant's eligibility to use the "de minim's" rate, and (2) its election to do so If an eligible applicant elects the "de minimis" rate, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both The "de minimis" rate may no longer be used once an approved federally-negotiated indirect cost rate is in place (No entity that ever has had a federally-approved negotiated indirect cost rate is eligible to use the "de minimis" rate ) For the "de minim's" rate requirements (including additional information on eligibility to elect to use the rate), see Part 200 Uniform Requirements, at 2 C.F.R 200 414(f). 25 BJA-2018-13626 6. Tribal Authorizing Resolution A tribe, tribal organization, or third party that proposes to provide direct services or assistance to residents on tribal lands should include in its application a resolution, letter, affidavit, or other documentation, as appropriate, that demonstrates (as a legal matter) that the applicant has the requisite authorization from the tribe(s) to implement the proposed project on tribal lands In those instances when an organization or consortium of tribes applies for an award on behalf of a tribe or multiple specific tribes, the application should include appropriate legal documentation, as described above, from all tribes that would receive services or assistance under the award A consortium of tribes for which existing consortium bylaws allow action without support from all tribes in the consortium (i.e , without an authorizing resolution or comparable legal documentation from each tribal governing body) may submit, instead, a copy of its consortium bylaws with the application. 7. Financial Management and System of Internal Controls Questionnaire (including applicant disclosure of high risk status) Every OJP applicant is to download, complete, and submit the OJP Financial Management and System of Internal Controls Questionnaire (Questionnaire) located at https'//oiD.gov/funding/Apply/Resources/FinancialCapability.pdf as part of its application. The Questionnaire helps OJP assess the financial management and internal control systems, and the associated potential risks of an applicant as part of the pre-award risk assessment process The Questionnaire should only be completed by financial staff most familiar with the applicant's systems, policies, and procedures in order to ensure that the correct responses are recorded and submitted to OJP The responses on the Questionnaire directly impact the pre-award risk assessment and should accurately reflect the applicant's financial management and internal control system at the time of the application. The pre-award risk assessment is only one of multiple factors and criteria used in determining funding. However, a pre-award risk assessment that indicates that an applicant poses a higher risk to OJP may affect the funding decision and/or result in additional reporting requirements, monitoring, special conditions, withholding of award funds, or other additional award requirements Among other things, the form requires each applicant to disclose whether it currently is designated "high risk" by a federal grant-making agency outside of DOJ For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the applicant's past performance, or other programmatic or financial concerns with the applicant If an applicant is designated high risk by another federal awarding agency, the applicant must provide the following information' • The federal awarding agency that currently designates the applicant high risk • The date the applicant was designated high risk • The high risk point of contact at that federal awarding agency (name, phone number, and email address). • The reasons for the high risk status, as set out by the federal awarding agency OJP seeks this information to help ensure appropriate federal oversight of OJP awards An applicant that is considered "high risk" by another federal awarding agency is not automatically disqualified from receiving an OJP award OJP may, however, consider the 26 BJA-2018-13626 information in award decisions, and may impose additional OJP oversight of any award under this solicitation (including through the conditions that accompany the award document) 8. Disclosure of Lobbying Activities Each applicant must complete and submit a Disclosure of Lobbying Activities form (SF-LLL). An applicant that expends any funds for lobbying activities is to provide all of the information requested on the form An applicant that does not expend any funds for lobbying activities is to enter "N/A" in the text boxes for item 10 ("a. Name and Address of Lobbying Registrant" and "b. Individuals Performing Services") 9. Certifications and Assurances by the Chief Executive of the Applicant Government A JAG application is not complete, and a unit of local government may not access award funds, unless the chief executive of the applicant unit of local government (e.g , the mayor) properly executes, and the unit of local government submits, the "Certifications and Assurances by the Chief Executive of the Applicant Government" attached to this solicitation as Appendix A OJP will not deny an application for an FY 2018 award for failure to submit these "Certifications and Assurances by the Chief Executive of the Applicant Government" by the application deadline, but a unit of local government will not be able to access award funds (and its award will include a condition that withholds funds) until it submits these certifications and assurances, properly executed by the chief executive of the unit of local government (e g , the mayor) 10. Certifications by the Chief Legal Officer of the Applicant Government The chief legal officer of an applicant unit of local government (e g., the City Attorney) is to carefully review the two certifications attached to this solicitation as Appendix B and Appendix C If the chief legal officer determines that he or she may execute the certifications, the unit of local government is to submit the certification as part of its application (Note: this requirement does not apply to Indian tribal governments ) As discussed further in the Federal Award Notices section, a unit of local government (other than an Indian tribal government) applicant will be unable to make a valid award acceptance of an FY 2018 JAG award unless and until both properly executed certifications by its chief legal officer are received by OJP on or before the day the unit of local government submits an executed award document. 11.Additional Attachments a. Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement(ICE) Each applicant must provide responses to the following questions as an attachment to the application. (1) Does your jurisdiction have any laws, policies, or practices related to whether, when, or how employees may communicate with DHS or ICE? (2) Is your jurisdiction subject to any laws from a superior political entity (e g., a state law that binds a city) that meet the description in question 1? (3) If yes to either. • Please provide a copy of each law or policy, 27 BJA-2018-13626 • Please describe each practice, and • Please explain how the law, policy, or practice complies with section 1373 See Appendix E for a template that applicants may use to prepare this attachment. Note: Responses to these questions must be provided by the applicant as part of the JAG application Further, the requirement to provide this information applies to all tiers of JAG funding, for all subawards made to state or local government entities, including public institutions of higher education All subreapient responses must be collected and maintained by the direct recipient of JAG funding and must be made available to DOJ upon request. Responses to these questions are not required from subreapients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. OJP will not deny an application for an FY 2018 award for failure to submit these required responses by the application deadline, but a unit of local government will not be able to access award funds (and its award will include a condition that withholds funds) until it submits these responses b. Applicant Disclosure of Pending Applications Each applicant is to disclose whether it has (or is proposed as a subreapient under) any pending applications for federally funded grants or cooperative agreements that (1) include requests for funding to support the same project being proposed in the application under this solicitation and (2) would cover identical cost items outlined in the budget submitted to OJP as part of the application under this solicitation The applicant is to disclose applications made directly to federal awarding agencies, and also applications for subawards of federal funds (e g , applications to state agencies that will subaward ("subgrant") federal funds) OJP seeks this information to help avoid any inappropriate duplication of funding. Leveraging multiple funding sources in a complementary manner to implement comprehensive programs or projects is encouraged and is not seen as inappropriate duplication Each applicant that has one or more pending applications as described above is to provide the following information about pending applications submitted within the last 12 months: • The federal or state funding agency • The solicitation name/project name • The point of contact information at the applicable federal or state funding agency 28 BMA-2018-13626 Federal or State Solicitation Name/Phone/Email for Point of Contact at Funding Agency Name/Project Federal or State Funding Agency Name /� A DOJ/Office of COPS Hirin /res\$� {kkff��//P///""",,, 0 00 L a doe@usdoi gov Community Program Oriented Policing Services (COPS) Health & Human Drug-Free John Doe, 202/000-0000, john doe@hhs.gov Services/ Communities Substance Abuse Mentoring and Mental Health Program/ North Services County Youth Administration Mentoring Program Each applicant should include the table as a separate attachment to its application The file should be named "Disclosure of Pending Applications " The applicant Legal Name on the application must match the entity named on the disclosure of pending applications statement Any applicant that does not have any pending applications as described above is to submit, as a separate attachment, a statement to this effect "[Applicant Name on SF- 424] does not have (and is not proposed as a subrecipient under) any pending applications submitted within the last 12 months for federally funded grants or cooperative agreements (or for subawards under federal grants or cooperative agreements) that request funding to support the same project being proposed in this application to OJP and that would cover identical cost items outlined in the budget submitted as part of this application " c. Research and Evaluation Independence and Integrity (if applicable) If an application involves research (including research and development) and/or evaluation, the applicant must demonstrate research/evaluation independence and integrity, including appropriate safeguards, before it may receive award funds The applicant must demonstrate independence and integrity regarding both this proposed research and/or evaluation, and any current or prior related projects Each application should include an attachment that addresses both i and ii below i. For purposes of this solicitation, each applicant is to document research and evaluation independence and integrity by including one of the following two items. a A specific assurance that the applicant has reviewed its application to identify any actual or potential apparent conflicts of interest (including through review of pertinent information on the principal investigator, any co-principal investigators, and any subrecipients), and that the applicant has identified no such conflicts of interest—whether personal or financial or organizational (including on the part of the applicant entity or on the part of staff, investigators, or subrecipients)—that could affect the 29 BJA-2018-13626 independence or integrity of the research, including the design, conduct, and reporting of the research OR b A specific description of actual or potential apparent conflicts of interest that the applicant has identified—including through review of pertinent information on the principal investigator, any co-principal investigators, and any subrecipients—that could affect the independence or integrity of the research, including the design, conduct, or reporting of the research These conflicts may be personal (e g , on the part of investigators or other staff), financial, or organizational (related to the applicant or any subrecipient entity) Some examples of potential investigator(or other personal) conflict situations are those in which an investigator would be in a position to evaluate a spouse's work product (actual conflict), or an investigator would be in a position to evaluate the work of a former or current colleague (potential apparent conflict) With regard to potential organizational conflicts of interest, as one example, generally an organization would not be given an award to evaluate a project, if that organization had itself provided substantial prior technical assistance to that specific project or a location implementing the project (whether funded by OJP or other sources), because the organization in such an instance might appear to be evaluating the effectiveness of its own prior work. The key is whether a reasonable person understanding all of the facts would be able to have confidence that the results of any research or evaluation project are objective and reliable Any outside personal or financial interest that casts doubt on that objectivity and reliability of an evaluation or research product is a problem and must be disclosed ii. In addition, for purposes of this solicitation, each applicant is to address possible mitigation of research integrity concerns by including, at a minimum, one of the following two items a If an applicant reasonably believes that no actual or potential apparent conflicts of interest (personal, financial, or organizational) exist, then the applicant should provide a brief narrative explanation of how and why it reached that conclusion The applicant also is to include an explanation of the specific processes and procedures that the applicant has in place, or will put in place, to identify and prevent (or, at the very least, mitigate) any such conflicts of interest pertinent to the funded project during the period of performance Documentation that may be helpful in this regard may include organizational codes of ethics/conduct and policies regarding organizational, personal, and financial conflicts of interest There is no guarantee that the plan, if any, will be accepted as proposed OR b If the applicant has identified actual or potential apparent conflicts of interest (personal, financial, or organizational) that could affect the independence and integrity of the research, including the design, conduct, 30 BJA-2018-13626 or reporting of the research, the applicant is to provide a specific and robust mitigation plan to address each of those conflicts At a minimum, the applicant is expected to explain the specific processes and procedures that the applicant has in place, or will put in place, to identify and eliminate (or, at the very least, mitigate) any such conflicts of interest pertinent to the funded project during the period of performance Documentation that may be helpful in this regard may include organizational codes of ethics/conduct and policies regarding organizational, personal, and financial conflicts of interest There is no guarantee that the plan, if any, will be accepted as proposed OJP will assess research and evaluation independence and integrity based on considerations such as the adequacy of the applicant's efforts to identify factors that could affect the objectivity or integrity of the proposed staff and/or the applicant entity (and any subrecipients) in carrying out the research, development, or evaluation activity; and the adequacy of the applicant's existing or proposed remedies to control any such factors d. Local Governing Body Review Applicants must submit information via the Certification and Assurances by the Chief Executive (See Appendix A) which documents that the JAG application was made available for review by the governing body of the unit of local government, or by an organization designated by that governing body, for a period that was not less than 30 days before the application was submitted to BJA The same Chief Executive Certification will also specify that an opportunity to comment on this application was provided to citizens prior to the application submission to the extent applicable law or established procedures make such opportunity available. In the past, this has been accomplished via submission of specific review dates, now, OJP will only accept a chief executive's certification to attest to these facts. Units of local government may continue to submit actual dates of review, should they wish to do so, in addition to the submission of the Chief Executive Certification How to Apply An applicant must submit its application through the Grants Management System (GMS), which provides support for the application, award, and management of awards at OJP. Each applicant entity must register in GMS for each specific funding opportunity and should register promptly to meet the GMS registration deadline for this funding opportunity, especially if this is the first time the applicant is using the system Find complete instructions on how to register and submit an application in GMS at www oip.gov/gmscbt/. An applicant that experiences technical difficulties during this process should email GMS.HelpDeskausdoi goy or call 888-549-9901 (option 3), available 24 hours a day, 7 days a week, including on federal holidays OJP recommends that each applicant register promptly to prevent delays in submitting an application package by the deadline Note on File Types: GMS does not accept executable file types as application attachments These disallowed file types include, but are not limited to, the following extensions. ".com," " bat," " exe," ".vbs," " cfg," " dat," ".db," ".dbf," " dll," " ini," " log." " ora," " sys," and " zip." GMS may reject applications with files that use these extensions It is important to allow time to change the type of file(s) if the application is rejected. 31 BJA-2018-13626 Unique Entity Identifier(DUNS Number) and System for Award Management (SAM) Every applicant entity must comply with all applicable System for Award Management (SAM) and unique entity identifier (currently, a Data Universal Numbering System [DUNS] number) requirements. SAM is the repository for certain standard information about federal financial assistance applicants, recipients, and subrecipients. A DUNS number is a unique nine-digit identification number provided by the commercial company Dun and Bradstreet. More detailed information about SAM and the DUNS number is in the numbered sections below If an applicant entity has not fully complied with the applicable SAM and unique identifier requirements by the time OJP makes award decisions, OJP may determine that the applicant is not qualified to receive an award and may use that determination as a basis for making the award to a different applicant. If the applicant entity already has an Employer Identification Number (EIN), the SAM registration will take up to two weeks to process. If the entity does not have an EIN, then the applicant should allow two to five weeks for obtaining the information from IRS when requesting the EIN via phone, fax, mail or Internet For more information about EIN, visit https //www.irs.aovhndividuals/international-taxpayers/taxpaver-identification-numbers-tin Registration and Submission Steps All applicants should complete the following steps. 1. Acquire a unique entity identifier (DUNS number). In general, the Office of Management and Budget requires every applicant for a federal award (other than an individual) to include a "unique entity identifier" in each application, including an application for a supplemental award Currently, a DUNS number is the required unique entity identifier This unique entity identifier is used for tracking purposes, and to validate address and point of contact information for applicants, recipients, and subrecipients It will be used throughout the life cycle of an OJP award. Obtaining a DUNS number is a free, one-time activity. Call Dun and Bradstreet at 866-705-5711 to obtain a DUNS number or apply online at www.dnb.com/ A DUNS number is usually received within 2 business days. 2. Acquire or maintain registration with SAM. Any applicant for an OJP award creating a new entity registration (or updating or renewing a registration) in SAM.gov must submit an original, signed notarized letter appointing the authorized Entity Administrator within thirty (30) days of the registration activation Notarized letters must be submitted via U.S. Postal Service Mail. Read the Alert at www.sam.gov to learn more about what is required in the notarized letter, and read the Frequently Asked Questions (FAQs) at www.gsa.govlsamupdate to learn more about this process change. All applicants for OJP awards (other than individuals) must maintain current registrations in the SAM database Applicants will need the authorizing official of the organization and an Employer Identification Number (EIN) Information about SAM registration procedures can be accessed at https//www sam goy/ 3. Acquire a GMS username and password New users must create a GMS profile by selecting the "First Time User" link under the sign-in box of the GMS home page For more information on how to register in GMS, go to www.oip.gov/gmscbt Previously registered 32 BJA-2018-13626 applicants should ensure, prior to applying, that the user profile information is up-to-date in GMS (including, but not limited to, address, legal name of agency and authorized representative) as this information is populated in any new application 4. Verify the SAM (formerly CCR) registration in GMS. OJP requires each applicant to verify its SAM registration in GMS. Once logged into GMS, click the "CCR Claim" link on the left side of the default screen Click the submit button to verify the SAM (formerly CCR) registration 5. Search for the funding opportunity on GMS. After logging into GMS or completing the GMS profile for username and password, go to the "Funding Opportunities" link on the left side of the page Select"BJA" and "FY 18 Edward Byrne Memorial Local Justice Assistance Grant(JAG) Program." 6. Register by selecting the "Apply Online" button associated with the funding opportunity title. The search results from step 5 will display the "funding opportunity" (solicitation) title along with the registration and application deadlines for this solicitation Select the "Apply Online" button in the "Action" column to register for this solicitation and create an application in the system 7. Follow the directions in GMS to submit an application consistent with this solicitation. Once the application is submitted, GMS will display a confirmation screen stating the submission was successful Important: In some instances, applicants must wait for GMS approval before submitting an application OJP urges each applicant to submit its application at least 72 hours prior to the application due date Note: Application Versions If an applicant submits multiple versions of the same application, OJP will review only the most recent system-validated version submitted Experiencing Unforeseen GMS Technical Issues An applicant that experiences unforeseen GMS technical issues beyond its control that prevent it from submitting its application by the deadline may contact the GMS Help Desk or the SAM Help Desk (Federal Service Desk) at https.//www.fsd.gov/fsd-qov/home.do to report the technical issue and receive a tracking number. The applicant must email the NCJRS Response Center identified in the Contact Information section on the title page within 24 hours after the application deadline to request approval to submit its application after the deadline The applicant's email must describe the technical difficulties, and must include a timeline of the applicants submission efforts, the complete grant application, the applicant's DUNS number, and any GMS Help Desk or SAM tracking number(s) Note: OJP does not automatically approve requests to submit a late application. After OJP reviews the applicant's request, and contacts the GMS Help Desk to verify the reported technical issues, OJP will inform the applicant whether the request to submit a late application has been approved or denied. If OJP determines that the untimely application submission was due to the applicant's failure to follow all required procedures, OJP will deny the applicant's request to submit its application 33 BJA-2018-13626 The following conditions generally are insufficient to Justify late submissions to OJP solicitations. • Failure to register in SAM or GMS in sufficient time (SAM registration and renewal can take as long as 10 business days to complete.) • Failure to follow GMS instructions on how to register and apply as posted on the GMS website • Failure to follow each instruction in the OJP solicitation • Technical issues with the applicant's computer or information technology environment such as issues with firewalls E. Application Review Information Review Process OJP is committed to ensuring a fair and open process for making awards. BJA reviews the application to make sure that the information presented is reasonable, understandable, measurable, and achievable, as well as consistent with the solicitation BJA will also review applications to help ensure that JAG program-statute requirements have been met. Pursuant to the Part 200 Uniform Requirements, before award decisions are made, OJP also reviews information related to the degree of risk posed by applicants Among other things, to help assess whether an applicant that has one or more prior federal awards has a satisfactory record with respect to performance, integrity, and business ethics, OJP checks whether the applicant is listed in SAM as excluded from receiving a federal award. In addition, if OJP anticipates that an award will exceed $150,000 in federal funds, OJP also must review and consider any information about the applicant that appears in the non-public segment of the integrity and performance system accessible through SAM (currently, the Federal Awardee Performance and Integrity Information System, "FAPIIS"). Important note on FAPIIS: An applicant, at its option, may review and comment on any information about itself that currently appears in FAPIIS and was entered by a federal awarding agency OJP will consider any such comments by the applicant, in addition to the other information in FAPIIS, in its assessment of the risk posed by the applicant The evaluation of risks goes beyond information in SAM, however OJP itself has in place a framework for evaluating risks posed by applicants. OJP takes into account information pertinent to matters such as (1) Applicant financial stability and fiscal integrity (2) Quality of the management systems of the applicant, and the applicant's ability to meet prescribed management standards, including those outlined in the DOJ Grants Financial Guide (3) Applicant's history of performance under OJP and other DOJ awards (including compliance with reporting requirements and award conditions), as well as awards from other federal agencies (4) Reports and findings from audits of the applicant, including audits under the (DOJ) Part 200 Uniform Requirements (5) Applicants ability to comply with statutory and regulatory requirements, and to effectively implement other award requirements 34 BJA-2018-13626 Absent explicit statutory authorization or written delegation of authority to the contrary, the Assistant Attorney General will make all final award decisions F. Federal Award Administration Information Federal Award Notices Award notifications are expected to be made by September 30, 2018 OJP sends award notifications by email through GMS to the individuals listed in the application as the point of contact and the authorizing official. The email notification includes detailed instructions on how to access and view the award documents, and steps to take in GMS to start the award acceptance process. GMS automatically issues the notifications at 9:00 p m. eastern time on the award date NOTE: In order to validly accept an award under the FY 2018 JAG Program, a unit of local government (other than an Indian tribal government) must submit to GMS the certification by its chief legal officer regarding compliance with certain federal laws, executed using the forms that appear in Appendices B and C. (The forms also may be downloaded at https://oip.gov/funding/Explore/SampleCertifications-8USC1373.htm.) Unless the executed certifications either (1) are submitted to OJP together with the signed award document or(2) are uploaded in GMS no later than the day the signed award document is submitted, OJP will reject as invalid any submission by a unit of local government (other than an Indian tribal government) that purports to accept an award under this solicitation Rejection of an initial submission as an invalid award acceptance is not a denial of the award Consistent with award requirements, once the unit of local government does submit the necessary certification regarding compliance with certain federal laws, the unit of local government will be permitted to submit an award document executed by the unit of local government on or after the date of those certifications. Also, in order for an applicant validly to accept an award under the FY 2018 JAG program, an individual with the necessary authority to bind the applicant will be required to log in; execute a set of legal certifications and a set of legal assurances, designate a financial point of contact; thoroughly review the award, including all award conditions; and sign and accept the award The award acceptance process requires physical signature of the award document by the authorized representative and the scanning of the fully-executed award document (along with the required certifications regarding compliance with certain federal laws, if not already uploaded in GMS) to OJP. Statutory and Regulatory Requirements; Award Conditions If selected for funding, in addition to implementing the funded project consistent with the OJP- approved application, the recipient must comply with award conditions, as well as all applicable requirements of federal statutes and regulations (including applicable requirements referred to in the assurances and certifications executed at the time of award acceptance) OJP strongly encourages prospective applicants to review information on post-award legal requirements and common OJP award conditions prior to submitting an application Applicants should consult the "Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2018 Awards," available in the OJP Funding Resource Center at https://olp qov/fundinghndex.htm. In addition, applicants should examine the 35 BJA-2018-13626 following two legal documents, as each successful applicant must execute both documents in GMS before it may receive any award funds. (An applicant is not required to submit these documents as part of an application.) • Certifications Regarding Lobbying; Debarment. Suspension and Other Responsibility Matters, and Drug-Free Workplace Requirements • Certified Standard Assurances The web pages accessible through the "Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2018 Awards" are intended to give applicants for OJP awards a general overview of important statutes, regulations, and award conditions that apply to many (or in some cases, all) OJP grants and cooperative agreements awarded in FY 2018 Individual OJP awards typically also will include additional award conditions. Those additional conditions may relate to the particular statute, program, or solicitation under which the award is made; to the substance of the funded application; to the recipient's performance under other federal awards, to the recipient's legal status (e g , as a for-profit entity), or to other pertinent considerations. Individual FY 2018 awards made pursuant to this solicitation will, as appropriate and to the extent consistent with law, include conditions that will require the recipient (and any subrecipient) that accepts the award to do various things, with respect to the "program or activity" that would receive federal financial assistance thereunder Although the specific terms of each of those conditions are what will govern the awards, included among such conditions will be some that, generally speaking, will require the recipient (and any subrecipient) that accepts the award to do some or all of the following • Not to violate 8 U.S C. § 1373 (prohibiting restrictions on— (1) communication to/from the Department of Homeland Security ("DHS") of information regarding the citizenship or immigration status of any individual; and (2) maintaining, or exchanging with any government entity, information regarding the immigration status of any individual). • Not to violate 8 U.S C § 1644 (prohibiting restrictions on communication to/from DHS of information regarding the immigration status of an alien). • Not to violate, or aid or abet any violation of, 8 U S.C. § 1324(a) (forbidding any "person," in "knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the united States in violation of law," to "conceal, harbor, or shield from detection, or attempt to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation" or to "engage in any conspiracy to commit any of the preceding acts "or aid or abet the commission of any of the preceding acts") • Not to impede the exercise of the authority of the federal government under 8 U S.0 § 1266(a) & (c) (authorizing arrest and detention of certain aliens and providing that the federal government "shall take into custody" certain criminal aliens "when the alien is released") and 8 U S.0 § 1231(a)(4) (relating to removal from the United States of aliens after detention/confinement at the federal, state, and local level), specifically by requiring such recipients to provide (where feasible) at least 48 hours' advance notice to DHS regarding the 36 BJA-2018-13626 scheduled release date and time of an alien in the recipient's custody when DHS requests such notice in order to take custody of the alien pursuant to the Immigration and Nationality Act • Not to impede the exercise by DHS agents, "anywhere in or outside the United States" (8 C F.R. § 287 5(a)(1)), of their authority under 8 U S C. § 1357(a)(1) to "interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," specifically by requiring such recipients to permit DHS agents to have access to any correctional facility in order to meet with an alien (or an individual believed to be an alien) and inquire as to his right to be or remain in the United States. The reasonable costs (to the extent not reimbursed under any other federal program) of complying with these conditions, including honoring any duly authorized requests from OHS that is encompassed by these conditions, will be allowable costs under the award. General Information about Post-federal Award Reporting Requirements In addition to the deliverables described in Section A. Program Description, any recipient of an award under this solicitation will be required to submit the following reports and data Required reports Recipients typically must submit quarterly financial status reports, semi- annual progress reports, final financial and progress reports, and, if applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific award conditions. Future awards and fund drawdowns may be withheld if reports are delinquent. (In appropriate cases, OJP may require additional reports.) Awards that exceed $500,000 will include an additional condition that, under specific circumstances, will require the recipient to report (to FAPIIS) information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either the OJP award or any other grant, cooperative agreement, or procurement contract from the federal government Additional information on this reporting requirement appears in the text of the award condition posted on the OJP website at https://olp.gov/funding/FAPIIS.htm. Data on performance measures. In addition to required reports, each award recipient also must provide data that measure the results of the work done under the award To demonstrate program progress and success, as well as to assist DOJ with fulfilling its responsibilities under the Government Performance and Results Act of 1993 (GPRA), Public Law 103-62, and the GPRA Modernization Act of 2010, Public Law 111-352, OJP will require any award recipient, post award, to provide accountability metrics data as part of regular progress reporting Accountability metrics data must be submitted through BJA's Performance Measurement Tool (PMT), available at https'//biapmt oip qov. The accountability measures are available at https.//blapmt.oip qov/help/iagdocs.html (Note. if a law enforcement agency receives JAG funds from a state, the state must submit quarterly accountability metrics data related to training that officers have received on use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public.) Successful applicants will be required to access OJP's performance measurement page at www oip goy/performance for an overview of performance measurement activities at OJP. OJP may restrict access to award funds if a recipient of an OJP award fails to report the required accountability metrics data in a timely manner 37 BJA-2018-13626 G. Federal Awarding Agency Contact(s) For OJP contact(s), see the title page For contact information for GMS, see the title page. H. Other Information Freedom of Information Act and Privacy Act(5 U.S.C. § 552 and 5 U.S.C. § 552a) All applications submitted to OJP (including all attachments to applications) are subject to the federal Freedom of Information Act (FOIA) and to the Privacy Act By law, DOJ may withhold information that is responsive to a request pursuant to FOIA if DOJ determines that the responsive information either is protected under the Privacy Act or falls within the scope of one of nine statutory exemptions under FOIA DOJ cannot agree in advance of a request pursuant to FOIA not to release some or all portions of an application In its review of records that are responsive to a FOIA request, OJP will withhold information in those records that plainly falls within the scope of the Privacy Act or one of the statutory exemptions under FOIA (Some examples include certain types of information in budgets, and names and contact information for project staff other than certain key personnel ) In appropriate circumstances, OJP will request the views of the applicant/recipient that submitted a responsive document For example, if OJP receives a request pursuant to FOIA for an application submitted by a nonprofit or for-profit organization or an institution of higher education, or for an application that involves research, OJP typically will contact the applicant/recipient that submitted the application and ask it to identify—quite precisely—any particular information in the application that applicant/recipient believes falls under a FOIA exemption, the specific exemption it believes applies, and why After considering the submission by the applicant/recipient, OJP makes an independent assessment regarding withholding information OJP generally follows a similar process for requests pursuant to FOIA for applications that may contain law-enforcement sensitive information Provide Feedback to OJP To assist OJP in improving its application and award processes, OJP encourages applicants to provide feedback on this solicitation, the application submission process, and/or the application review process Provide feedback to OJPSolicitationFeedbackeusdoi goy. IMPORTANT: This email is for feedback and suggestions only OJP does not reply to messages it receives in this mailbox. A prospective applicant that has specific questions on any program or technical aspect of the solicitation must use the appropriate telephone number or email listed on the front of this solicitation document to obtain information. These contacts are provided to help ensure that prospective applicants can directly reach an individual who can address specific questions in a timely manner. If you are interested in being a reviewer for other OJP grant applications, please email your résumé to olpprsupportausdoi goy (Do not send your résumé to the OJP Solicitation Feedback email account) Note: Neither you nor anyone else from your organization or entity can be a 38 B]A-2018-13626 peer reviewer in a competition in which you or your organization/entity has submitted an application. 39 8JA-2018-13626 Appendix A Certifications and Assurances by the Chief Executive of the Applicant Government Template for use by chief executive of the unit of local government (e.g , the mayor) Visit https.//oio 4ov/funding/Explore/SamnleCertifications-SUSC1373 htm to download the most up-to-date version Note: By law, for purposes of the JAG Program, the term "unit of local government " includes a town, township, village, parish, city, county, borough, or other general purpose political subdivision of a state; or, it may be a federally recognized Indian tribal government that performs law enforcement functions (as determined by the Secretary of the Interior) A unit of local government may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes, for example, in Louisiana, a unit of local government means a district attorney or parish sheriff. 40 BJA-2018-13626 U.S.DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2018 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality's application for an award under the FY 2018 Edward Byrne Justice Assistance Grant('JAG')Program,and further to 34 USC §10153(a), I certify under penalty of perjury to the Office of Justice Programs("QIP'),U S Department of Justice("USDOJ"),that all of the following are true and correct' 1. I am the chief execubve of the applicant unit of local government named below, and I have the authority to make the following represertabors do my own behalf and on behalf of the applicant unit of local government I understand that these representations will be relied upon as material in any OJP decision to make an award,under the application described above,to the applicant unit of local government. 2 I certify that no federal funds made available by the award(if any)that OJP makes based on the application described above will be used to supplant local funds, but will be used to increase the amounts of such funds that would,in the absence of federal funds, be made available for law enforcement activities 3. I assure that the application described above(and any amendment to that application)was submitted for review to the governing body of the unit of local government(e g,city council or county commission),or to an organization designated by that governing body,not lees than 30 days before the date of thiscertdicatlon 4. I assure that,before the date of this certification—(a)the application described above(and any amendment to that application)was made public;and(b)an opportunity to comment on that application(or amendment)was provided to citizens and to neighborhood or community-based organizations,to the extent applicable law or established procedure made such an opportunity available 5 I assure that,for each fiscal year of the award(If any)that OJP makes based on the application described above,the applicant unit of local government will maintain and report such data,records, and information (programmatic and financial),as OJP may reasonaby require. 6. I certify that—(a)the programs to be funded by the award(if any)that OJP makes based on the application described above meet all the requirements of the JAG Program statute(34 LI S.0 §§10151-10158), (b)all the information contained in that application is correct,(c)in connection with that application,there has been appropriate coordination with affected agencies,and(d)in connection with that award(if any), the applicant unit of local government will comply with all provisions of the JAG Program salute and all other applicable federal laws. 7 I have examined certification entitled"State or Local Government FY 2018 Certification of Compliance with 8 U S.0 §§1373&1644"executed by the chief legal officer of the applicant government with respect to the FY 2018 JAG program and submitted in support of the application described above,and I hereby adopt that certification as my own on behalf of that government (TNs provision is not applicable to Indian tribal government applicants.) • 8. I have examined certification entitled"Sate or Local Government:FY 2018 Certification Relating to 8 USC §§1226(a)&(c), 1231(a)(4), 1357(a),&1366(1)&(3)"executed by the chief legal officer of the applicant government with respect to the FY 2018 JAG program and submitted in support of the application described above, and I hereby adopt that certification as my own on behalf of that government.(This provision is not applicable to Indian tribal government applicants) I acknowledge that a materially false, fictitious, or fraudulent statement(or concealment or omission of a material fact) in this certification,or in the application that it supports,may be the subject of criminal prosecution(including under 18 U S.0 §§1001 and/or 1621,and/or 34 ust.§§10271-10273), and also may subject me and the applicant unit of kcal government to civil penalties and administrative remedies for false claims or otherwise(including under 31 U.S C §§3729-3730 and§§3801-3812) I also acknowledge that OJP awards,Including certifications provided in connection with such awards,are subject to review by USDOJ,including by OJP and by the USDOJ Office of the Inspector General Signature of Chef Executive of the Applicant Unit of Date of Certification Local Government Printed Name of Chief Executive Title of Chief Executive Name of Applicant Unit of Local Government 41 BJA-2018-13626 Appendix B State or Local Government: Certification of Compliance with 8 U.S.C. §§ 1373 and 1644 Template for use by the chief legal officer of the unit of local government (e g , the city attorney) Visit https.//oip qov/fundinq/Explore/SampleCertifications-8USC1373 htm to download the most up-to-date version Note: This Certification is not required by Indian tribal government applicants 42 BJA-2018-13626 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Local Government: FY 2018 Certification of Compliance with 8 U.S.C. §§ 1373 & 1644 On behalf of the applicant government entity named below, and in support of its application,I certify under penalty of perjury to the Office of Justice Programs('OJP"), U S Department of Justice('USDOJ1,that all of the following are true and correct (1) I am the chief legal officer of the State or local government of which the applicant entity named below is a part("the jurisdiction"),and I have the authority to make this certification on behalf of the jurisdiction and the applicant entity(that is,the entity applying directly to OJP) I understand that OJP will rely upon this certification as a material representation in any decision to make an award to the applicant entrty (2) I have carefully reviewed 8 U S.0 §§1373(a)&(b),and 1644,including the prohibitions on certain actions by State and local government entities,-agencies,and.officials regarding information on citizenship and immigration status I also have reviewed the provisions set out at(or referenced in)8 U S C §1551 note("Abohton and Transfer of Functions'), pursuant to which references to the"Immigration and Naturalization Service"in 8 U S C §§1373&1644 are to be read,as a legal matter,as references to particular components of the U S Department of Homeland Security (3) I (and also the applicant entity) understand that the U S Department of Justice will require States and local governments(and agencies or other entities thereof)to comply with 8 USC §§1373&1644,with respect to any 'program or activity"funded in whole or in part with the federal financial assistance provided through the FY 2018 OJP program under which this certification is being submitted(the"FY 2018 OJP Program'identified below),specifically including any such"program or activity"of a governmental entity or-agency that s a subrecipient(at any tier) of funds under the FY 2018 OJP Program (4) I (and also the applicant entity) understand that,for purposes of this certification,"program or activity'means what it means under the VI of the Civil Rights Act of 1964(see 42 USC §2000d-4a), and that terms used in this certification that are defined in S U SC §1101 mean what they mean under that section 1101,except that the term"State"also shall include American Samoa(of 34 USC §10251(a)(2)) Also, I understand that,for purposes of this certification, neither a"public"institution of higher education(ce,one that is owned,controlled,or directly funded by a State or local government)nor an Indian tribe is considered a State or local government entity or-agency (5) I have conducted(or caused to be conducted for me)a diligent inquiry and reviewconcernlng both— (a) the"program or activity°to be funded(in whole or in part)with the federal financial assistance sought by The applicant entity under this FY 2018 OJP Program;and (b) any prohibitions or restrictions potentially applicable to the"program or activity"sought to be funded under the FY 2018 OP Program that deal with sending to, requesting or receiving from, maintaining,or exchanging information of the types described in 8 U S C §§1373(a)&(b),and 1844,whether imposed by a State or local government entity,-agency, or-official (8) As of the date of this cerbfication,neither the jurisdiction nor any entity,agency,or official of the jurisdiction has in effect, purports to have in effect,or is subject to or bound by,any prohibition or any restriction that would apply to the°program or activity"to be funded in whole or in part under the FY 2018 OJP Program(which,for the specific purpose of this paragraph 8,shall not be understood to include any such "program or activity"of any subrecipient at any tier),and that deals with either—(1)a government entity or -official sending or receiving information regarding citizenship or immigration status as described in 8 USC §§1373(a) &1644,or(2)a government entity or-agency sending to,requesting or receiving from,maintaining,or exchanging information of the types(and with respect to the entities)described in 8 U S C §1373(b) I acknowledge that a materially false,fictitious,or fraudulent statement(or concealment or omission of a material fact) in this certification,or in the application that it supports,may be the subject of criminal prosecution(including under 18 U S C. §§1001 and/or 1621,and/or 34 USC §10271-10273),and also may subject me and the applicant entity to civil penalties and administrative remedies for false claims or otherwise(including under 31 U S C §§3729-3730 and§§3801-3812) I also acknowledge that OJP awards, including certifications provided in connection with such awards,are subject to review by USDOJ,including by OJP and by the USDOJ Office of the Inspector General Signature of Chief Legal Officer of the Jurisdiction Printed Name of Chief Legal Officer Date of Certification Title of Chief Legal Officer of the Jurisdiction Name of Applicant Government Entity(t e,the applicant to the FY 2018 OJP Program identified below) FY 2018 OUP Program: Byrne Justice Assistance Grant (JAG) Program:Local 43 BJA-2018-13626 Appendix C State or Local Government: Certification of Compliance with 8 U.S.C. §§ 1226(a) & (c), 1231(a)(4), 1324(a), 1357(a), and 1366(1) &(3) Template for use by chief legal officer of the unit of local government (e.g., the city attorney) Visit https-//oia.4ov/funding/Explore/SambleCertifications-6USC1373 htm to download the most up-to-date version Note: This Certification is not required by Indian tribal government applicants. 44 BJA-2018-13626 U.S.DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Local Government: FY 2018 Certification Relating to 8 U.S.C.§§1226(a)&(c), 1231(a)(4), 1324(a), 1357(a), &1366(1)8(3) On behalf of the applicant government entity named below,and in support of its applaabon,I certify under penalty of penury to the Office of Justice Programs('OJP").U S Department of Justice(USDOJ),that all of the following are true and correct 1 I am tie chef legal officer of the unit of local government of which the applicant eddy named below is a pad(YhejunsdicbonT,and I have the authady to make ths certification on behalf of the jurisdiction and the applicant entity(that ra the entity applying directly to OJP) I understand that OJP will rely upon this certification as a material representation in any decision to make an award to the applicant entity 2 I have carefully reviewed each of the fdbwing sections dtde 8,United States Cade a §1226(a)8(c)(authorizing arrest and detention of certain aliens and providing that the federal government"shall take mto custody' certain criminal aliens'when the alien is released), b §1231(a)(4)(federal govemment may not"remove an alien who is sentenced to imprisonment until the aliens released from Impnsonmerifl: c §1324(a)(forbidding any"person,in'knowing or in reckless disregard lathe fact that an alien has come to,entered,or remains in the United States in violation of law;to'conceal§.harbor!).or shad§from detection,or attempt!)to conceal,harbor,or this from detection,such Men in any place,including any budding or any means of transportation"or to'engage in any conspuay to commit any lathe preceding acts or aid§or abet§the commission of any of the preceding act?). d §1957(a)(authorizing anmgrahon officers,"anywhere in or outside the United States"(see 8 C RR §287 5(a)),to"interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States"),and e §1388(1)8(3)(requiring the Attorney General annually to submit to Congress'a report detailing (1)the number of illegal aliens incarcerated in Federal and Sate pnsasbr having cornmtted felones,stating the number incarcerated for each typed offense, (and](3)programs and plans underway in the Department of Justice to ensure the prompt removal from the United States of criminal aliens subject to remover) 3 I(and also the appliantenbty)understand that USDOJ will require States and local governments(including State and local government entities,-agencies,and-officials),with respectto any"program or activity"funded in whole or m part with the federal financial assistance provided through the FY 2018 OJP program under which this certification is being submitted(the"FY 2018 OJP Program' identified babel,specifically including any such"program or activity"d a governmental entity or-agency that is a subrecipient(at any tier) of funds under the FY 2018 OJP Program,not to violate,or b aid or abet any violation of,SUS C §1324(a),and not to impede the exercise by federal officers of authority under 8 U S C.§1357(a)or relating to 8 U.S.C.§1388(1)8(3)or 8 U SC.§1228(e)8(c). 4 I(and also the applicant entity)understand that,for purposes of this certficabon,"program or whiny means what it means under bee VI d the Civil Rights Act of 1984(see 42 U S G§2000tl-4a).and that terrns used in Us anti-cation that are defined In 8 U S C §1101 mean what they mean under that section 1101,except that the tens'State"also shall include American Samoa(d 34 U S C §10251(a)(2)) Also I understand that,for purposes of this certification,neither a"pubic rnedubm of higher education(r e,one that s owned,controlled,or directly funded by a State or local government)nor an Indian tribe is considered a State or local government entity or agency 5 I have conducted(or caused to be conducted for me)a diligent inquiry and review concerning Both— a the"program or activity"to be funded(in whole or in part)with the federal financial asastance sought by the applicant entity under this FY 2018 OJP Program,and b any laws rules,policies,or precedes potentially applicable to the"program or activity sought to be funded under the FY 2018 OJP Program that implicate any of the requirements relating to a U S C §§1220(a)d(c), 1324(a),1357(a),d 1386(1)S(3)that are described m g 3 of this certification,whether imposed by a State or local government enaty,-agency,or-official 6 As of the date of thscemficatan,neither the Jurisdiction nor any entity,agency,or official of thejursdction has in effect purports to have in effect,or is subject to or bound by,any law,rule,policy,or practice thatwoud apply to the"program or activity"to be funded in whole or in part under the FY 2018 OJP Program(which,for the speed lc purpose of the paragraph 6,shall not be understood to include any such'program or activity"of any subrecipient at any tier),and that would or does—(1)violate,or aid or abet anyvalabon of,8 U S C §1324(a),(2)impede the exercise by federal officers of authority under 8 U S C §1357(a),(3)Impede the exercise by federal officers of authority relaang to 8 U S C §1356(1)8(3),or(4)impede the exercise by federal officers of authority relating to 8 U §1226(a)8(c) I acknoMedge that a materally false,fictitious or fraudulent statement(or concealment or omission of a material fact)in this certdcabon,or in the application that it supports,ray be the subjed d amine!prosecution(including under 18 U S C §§1001 and/or 1821,andfa 34 U S C §§10271-10273),and also may subject me and the applicant entity to civil penalties and adminstlatNe remedies for false claims or othenuse (including under 31 U S C §§3729-3730 and§§3801-3812). I also acknowledge that OJP awards,Including associated certifications,are subject to review by USDOJ,including by OJP and the USDOJ Office of the Inspector General Signature of Chief Legal Officer of the Jurisdiction Printed Name of Chief Legal Officer Date of Certification Title of Chief Legal Officer of the Jurisdiction Name of Applicant Government Entity(i.e.,the applicant to the FY2018 OJP Program identified below FY2018 OJP Program: Byrne Justice Assistance Grant(JAG)Program:Local 45 BJA-2018-13626 Appendix D Certain relevant federal laws, as in effect on June 7, 2018 8 U.S.C. § 1373 Communication between government agencies and the Immigration and Naturalization Service (a) In general Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual (b) Additional authority of government entities Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual (1) Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service (2) Maintaining such information. (3) Exchanging such information with any other Federal, State, or local government entity (c) Obligation to respond to inquiries The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the Jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information. 8 U.S.C. § 1644 Communication between State and local government agencies and Immigration and Naturalization Service Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited. or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service information regarding the immigration status, lawful or unlawful, of an alien in the United States 8 U.S.C. § 1226(a) & (c) Apprehension and detention of aliens (a) Arrest, detention, and release On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. Except as provided in subsection (c) and pending such decision, the Attorney General-- 46 BJA-2018-13626 (1) may continue to detain the arrested alien, and (2) may release the alien on-- (A) bond of at least$1,500 with security approved by, and containing conditions prescribed by, the Attorney General, or (B) conditional parole, but (3) may not provide the alien with work authorization (including an "employment authorized" endorsement or other appropriate work permit), unless the alien is lawfully admitted for permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization (c) Detention of criminal aliens (1) Custody The Attorney General shall take into custody any alien who-- (A) is inadmissible by reason of having committed any offense covered in section 1182(a)(2) of this title, (B) is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title, (C) is deportable under section 1227(a)(2)(A)(1) of this title on the basis of an offense for which the alien has been sentencel to a term of imprisonment of at least 1 year, or (D) is inadmissible under section 1182(a)(3)(B) of this title or deportable under section 1227(a)(4)(B) of this title, when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense. (2) Release The Attorney General may release an alien described in paragraph (1) only if the Attorney General decides pursuant to section 3521 of Title 18 that release of the alien from custody is necessary to provide protection to a witness, a potential witness, a person cooperating with an investigation into major criminal activity, or an immediate family member or close associate of a witness, potential witness, or person cooperating with such an investigation, and the alien satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding A decision relating to such release shall take place in accordance with a procedure that considers the severity of the offense committed by the alien 8 U.S.C. § 1231(a)(4) (a) Detention, release, and removal of aliens ordered removed 4)Aliens imprisoned, arrested, or on parole, supervised release, or probation (A) In general Except as provided in section 259(a) of title 42 and paragraph (2), the Attorney General may not remove an alien who is sentenced to imprisonment until the alien is released from imprisonment Parole, supervised release, probation, or possibility of arrest or further imprisonment is not a reason to defer removal 47 BJA-2018-13626 (B) Exception for removal of nonviolent offenders prior to completion of sentence of imprisonment The Attorney General is authorized to remove an alien in accordance with applicable procedures under this chapter before the alien has completed a sentence of imprisonment- i. in the case of an alien in the custody of the Attorney General, if the Attorney General determines that (I) the alien is confined pursuant to a final conviction for a nonviolent offense (other than an offense related to smuggling or harboring of aliens or an offense described in section 1101(a)(43)(B), (C), (E), (I), or (L) of this title and (II) the removal of the alien is appropriate and in the best interest of the United States, or u in the case of an alien in the custody of a State (or a political subdivision of a State), if the chief State official exercising authority with respect to the incarceration of the alien determines that (I) the alien is confined pursuant to a final conviction for a nonviolent offense (other than an offense described in section 1101(a)(43)(C) or(E) of this title), (II) the removal is appropriate and in the best interest of the State, and (III) submits a written request to the Attorney General that such alien be so removed (C) Notice Any alien removed pursuant to this paragraph shall be notified of the penalties under the laws of the United States relating to the reentry of deported aliens, particularly the expanded penalties for aliens removed under subparagraph (B). (D) No private right No cause or claim may be asserted under this paragraph against any official of the United States or of any State to compel the release, removal, or consideration for release or removal of any alien 8 U.S.C. § 1324(a) Bringing in and harboring certain aliens (a) Criminal penalties (1)(A) Any person who— i. knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien; ii knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law, knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation, 48 B3A-2018-13626 iv. encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or v (v)(I) engages in any conspiracy to commit any of the preceding acts, or vi (II) aids or abets the commission of any of the preceding acts, shall be punished as provided in subparagraph (B). (B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs— in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both; II in the case of a violation of subparagraph (A)(u), (w), (iv), or(v)(II), be fined under title 18, imprisoned not more than 5 years, or both, III. in the case of a violation of subparagraph (A)(Q, (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both, and IV in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both. (C) It is not a violation of clauses (ii) or(Hi) of subparagraph (A), or of clause (iv) of subparagraph (A) except where a person encourages or induces an alien to come to or enter the United States, for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year (2)Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each alien in respect to whom a violation of this paragraph occurs- (A) be fined in accordance with title 18 or imprisoned not more than one year, or both; or (B) in the case of- (i) an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year, (i) an offense done for the purpose of commercial advantage or private financial gain, or (iii) an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry, be fined under title 18 and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(ui), not more than 10 years. in the case of a first or second violation of 49 BJA-2018-13626 subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years. (3)(A) Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18 or imprisoned for not more than 5 years, or both. (B)An alien described in this subparagraph is an alien who- (i) is an unauthorized alien (as defined in section 1324a(h)(3) of this title), and (ii) has been brought into the United States in violation of this subsection (4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if- (A) the offense was part of an ongoing commercial organization or enterprise, (B) aliens were transported in groups of 10 or more; and (C)0) aliens were transported in a manner that endangered their lives, or (ii) the aliens presented a life-threatening health risk to people in the United States, 8 U.S.C. § 1357(a) Powers of immigration officers and employees (a) Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant— (1) to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States; (2) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States; (3) within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States, (4) to make arrests for felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, expulsion, or removal of aliens, if he has reason to believe that the person so arrested is guilty of such felony and if there is likelihood of the person escaping before a warrant can be obtained for his arrest, but the person arrested shall be taken without unnecessary delay before the nearest available officer empowered to commit persons charged with offenses against the laws of the United States; and (5) to make arrests- (6) for any offense against the United States, if the offense is committed in the officer's or employee's presence, or 50 B3A-2018-13626 (7) for any felony cognizable under the laws of the United States, if the officer or employee has reasonable grounds to believe that the person to be arrested has committed or is committing such a felony, (8) if the officer or employee is performing duties relating to the enforcement of the immigration laws at the time of the arrest and if there is a likelihood of the person escaping before a warrant can be obtained for his arrest Under regulations prescribed by the Attorney General, an officer or employee of the Service may carry a firearm and may execute and serve any order, warrant, subpoena, summons, or other process issued under the authority of the United States The authority to make arrests under paragraph (5)(B) shall only be effective on and after the date on which the Attorney General publishes final regulations which (i) prescribe the categories of officers and employees of the Service who may use force (including deadly force) and the circumstances under which such force may be used, (ii) establish standards with respect to enforcement activities of the Service, (iii) require that any officer or employee of the Service is not authorized to make arrests under paragraph (5)(B) unless the officer or employee has received certification as having completed a training program which covers such arrests and standards described in clause (u), and (iv) establish an expedited, internal review process for violations of such standards, which process is consistent with standard agency procedure regarding confidentiality of matters related to internal investigations 8 U.S.C. § 1366(1) & (3) Annual report on criminal aliens Not later than 12 months after September 30, 1996, and annually thereafter, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report detailing— (1) the number of illegal aliens incarcerated in Federal and State prisons for having committed felonies, stating the number incarcerated for each type of offense, (3) programs and plans underway in the Department of Justice to ensure the prompt removal from the United States of criminal aliens subject to removal; 51 BJA-2018-13626 Appendix E Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement(ICE) Each applicant must provide responses to the following questions as an attachment to the application' (1) Does your jurisdiction have any laws, policies, or practices related to whether, when, or how employees may communicate with DHS or ICE" (2) Is your jurisdiction subject to any laws from a superior political entity (e.g , a state law that binds a city) that meet the description in question 1? (3) If yes to either • Please provide a copy of each law or policy; • Please describe each practice, and • Please explain how the law, policy, or practice complies with section 1373 Note Responses to these questions must be provided by the applicant to BJA as part of the JAG application. Further, the requirement to provide this information applies to all tiers of JAG funding, for all subawards made to state or local government entities, including public institutions of higher education All subrecipient responses must be collected and maintained by the direct recipient of JAG funding and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education 52 BJA-2018-13626 Appendix F Additional purposes for which JAG funds awarded to a state under this FY 2018 solicitation may be used: (a) To enforce state and local laws that establish offenses similar to offenses established in 21 USC. § 801 et seq , to improve the functioning of the criminal justice system, with emphasis on violent crime and serious offenders, by means including providing additional personnel, equipment, training, technical assistance, and information systems for the more widespread apprehension, prosecution, adjudication, detention, and rehabilitation of persons who violate these laws, and to assist the victims of such crimes (other than compensation), including— (1) demand-reduction education programs in which law enforcement officers participate, (2) multi-jurisdictional task-force programs that integrate federal, state, and local drug-law-enforcement agencies and prosecutors for the purpose of enhancing inter-agency co-ordination and intelligence, and facilitating multi- jurisdictional investigations, (3) programs designed to target the domestic sources of controlled and illegal substances, such as precursor chemicals, diverted pharmaceuticals, clandestine laboratories, and cannabis cultivations; (4) providing community and neighborhood programs that assist citizens in preventing and controlling crime, including special programs that address the problems of crimes committed against the elderly and special programs for rural jurisdictions, (5) disrupting illicit commerce in stolen goods and property; (6) improving the investigation and prosecution of white-collar crime, organized crime, public-corruption crimes, and fraud against the government, with priority attention to cases involving drug-related official corruption, (7)(A) improving the operational effectiveness of law enforcement through the use of crime-analysis techniques, street-sales enforcement, schoolyard-violator programs, and gang-related and low-income-housing drug- control programs; and (B) developing and implementing antiterrorism plans for deep- draft ports, international airports, and other important facilities; (8) career-criminal prosecution programs, including the development of proposed model drug-control legislation, (9) financial investigative programs that target the identification of money-laundering operations and assets obtained through illegal drug trafficking, including the development of proposed model legislation, financial investigative training, and financial information-sharing systems, (10) improving the operational effectiveness of the court process, by expanding prosecutorial, defender, and judicial resources, and implementing court-delay-reduction programs,' (11) programs designed to provide additional public correctional resources and improve the corrections system, including treatment in prisons and jails, intensive-supervision programs, and long-range corrections and sentencing strategies, (12) providing prison-industry projects designed to place inmates in a realistic working and training environment that will enable them to acquire 53 BJA-2018-13626 marketable skills and to make financial payments for restitution to their victims, for support of their own families, and for support of themselves in the institution; (13) providing programs that identify and meet the treatment needs of adult and juvenile drug-dependent and alcohol-dependent offenders; (14) developing and implementing programs that provide assistance to jurors and witnesses, and assistance (other than compensation) to victims of crimes; (15)(A)developing programs to improve drug-control technology, such as pretrial drug-testing programs, programs that provide for the identification, assessment, referral to treatment, case-management and monitoring of drug- dependent offenders, and enhancement of state and local forensic laboratories, and (B) developing programs to improve criminal justice information systems (including automated fingerprint identification systems) to assist law enforcement, prosecution, courts, and corrections organizations, (16) innovative programs that demonstrate new and different approaches to enforcement, prosecution, and adjudication of drug offenses and other serious crimes, (17) addressing the problems of drug trafficking and the illegal manufacture of controlled substances in public housing, (18) improving the criminal and juvenile justice system's response to domestic and family violence, including spouse abuse, child abuse, and abuse of the elderly; (19) drug-control evaluation programs that the state and units of local government may utilize to evaluate programs and projects directed at state drug- control activities, (20) providing alternatives to prevent detention, jail, and prison for persons who pose no danger to the community; (21) programs of which the primary goal is to strengthen urban enforcement and prosecution efforts targeted at street drug sales, (22) programs for the prosecution of driving while intoxicated charges and the enforcement of other laws relating to alcohol use and the operation of motor vehicles; (23) programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year-old juveniles, in courts with jurisdiction over adults, for the crimes of— (A) murder in the first degree, (B) murder in the second degree; (C) attempted murder, (D) armed robbery when armed with a firearm, (E) aggravated battery or assault when armed with a firearm, (F) criminal sexual penetration when armed with a firearm, and (G) drive-by shootings as described 18 U.S C § 36, (24) law-enforcement and prevention programs relating to gangs or to youth who are involved or at risk of involvement in gangs, (25) developing or improving, in a forensic laboratory, a capability to analyze DNA for identification purposes, and (26) developing and implementing anti-terrorism training programs and procuring equipment for use by local law-enforcement authorities, and 54 B]A-2018-13626 (b) To reduce crime and improve public safety, including but not limited to, the following: (1)(A) hiring, training, and employing on a continuing basis new, additional law enforcement officers and necessary support personnel, (B) paying overtime to presently-employed law enforcement officers and necessary support personnel for the purpose of increasing the number of hours worked by such personnel; and (C) procuring equipment, technology, and other material directly related to basic law-enforcement functions, (2) enhancing security measures— (A) in and around schools, and (B) in and around any other facility or location that is considered by the unit of local government to have a special risk for incidents of crime; (3) establishing crime-prevention programs that may, though not exclusively, involve law-enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity, including neighborhood-watch and citizen-patrol programs, sexual-assault and domestic- violence programs, and programs intended to prevent juvenile crime, (4) establishing or supporting drug courts; (5) establishing early-intervention and -prevention programs for juveniles, in order to reduce or eliminate crime; (6) enhancing the adjudication process of cases involving violent offenders, including violent juvenile offenders; (7) enhancing programs under(a), above, (8) establishing co-operative task forces between adjoining units of local government to work co-operatively to prevent and combat criminal activity, particularly criminal activity that is exacerbated by drug- or gang-related involvement; and (9) establishing a multi-jurisdictional task force, particularly in rural areas, composed of law-enforcement officials representing units of local government, that works with Federal law-enforcement officials to prevent and control crime 55 BJA-2018-13626 Appendix G Application Checklist Edward Byrne Memorial Justice Assistance Grant (JAG) Program: FY 2018 Local Solicitation This application checklist has been created as an aid in developing an application What an Applicant Should Do: Prior to Registering rn GMS: Acquire a DUNS Number (see page 31) Acquire or renew registration with SAM (see page 32) To Register with GMS For new users, acquire a GMS username and password* (see page 32) For existing users, check GMS username and password* to ensure account access (see page 32) Verify SAM registration in GMS (see page 32) Search for correct funding opportunity in GMS (see page 32) Select correct funding opportunity in GMS (see page 32) Register by selecting the "Apply Online" button associated with the funding opportunity title (see page 32) Read OJP policy and guidance on conference approval, planning, and reporting available at olp.govifinancialquide/DOJ/PostawardRequirements/chapter3.10a htm (see page 17) If experiencing technical difficulties in GMS, contact the NCJRS Response Center (see pages 2 and 33) *Password Reset Notice—GMS users are reminded that while password reset capabilities exist, this function is only associated with points of contact designated within GMS at the time the account was established Neither OJP nor the GMS Help Desk will initiate a password reset unless requested by the authorized official or a designated point of contact associated with an award or application Overview of Post-Award Legal Requirements: Review the "Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements- FY 2018 Awards" in the OJP Funding Resource Center at https://oiptiov/fundincffindex.htm Scope Requirement: The federal amount requested is within the allowable limit(s) of the FY 2018 JAG Allocations List as listed on BJA's JAG web page Eligibility Requirement: Only units of local government may apply under this solicitation. By law, for purposes of the JAG Program, the term "units of local government" includes a town, township, village, parish, city, county, borough, or other general purpose political subdivision of 56 BJA-2018-13626 a state: or, it may be a federally recognized Indian tribal government that performs law enforcement functions (as determined by the Secretary of the Interior). A unit of local government also may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes What an Application Should Include: Application for Federal Assistance (SF-424) (see page 19) Intergovernmental Review (see page 19) Project Identifiers (see page 19) Program Narrative (see page 20) Budget Detail Worksheet (see page 21) Budget Narrative (see page 22) Indirect Cost Rate Agreement (if applicable) (see page 25) Tribal Authorizing Resolution (if applicable) (see page 26) Financial Management and System of Internal Controls Questionnaire (see page 26) Disclosure of Lobbying Activities (SF-LLL).(if applicable) (see page 27) Certifications and Assurances by Chief Executive (see page 27) Certification of Compliance with 8 U.S C § 1373 by Chief Legal Officer (Note. this requirement does not apply to Indian tribal governments.) (see page 27) OJP Certified Standard Assurances (see pages 39-44) Additional Attachments Applicant Disclosure of Pending Applications (see page 28) Research and Evaluation Independence and Integrity (if applicable) (see page 29) 57 B)A-2018-13626 2018 Justice Assistance Grant Project Identifiers Spokane Valley Body Armor— Ballistic—Resist Less than Lethal Officer Safety Traffic Enforcement JAG 2018 Program Narrative for City of Spokane Valley, WA. JAG 2018 Grant Proposal The City of Spokane Valley respectfully submits this application for the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG). The City of Spokane Valley will act as fiscal agent for the JAG. This is the ninth year the City is eligible to apply as a non-disparate single jurisdiction. The City's Grant Accountant and Senior Analyst will be responsible for grant administration details as they relate to acting as fiscal agent,to include disbursement of funds and collecting and submitting financial and performance measure reports of the JAG finding. Expenditures are tracked through individual budget lines for each federal grant received. City of Spokane Valley Projects The Spokane Valley Police Department, on behalf of the City of Spokane Valley, proposes to use their allocation of JAG funds ($27,156) for the grant program areas of law enforcement. The JAG fund allocated to Spokane Valley will be used to purchase seven Tasers two ballistic shields, four lidars and radars with holsters, and ten tint meters. This equipment will enhance the ability of patrol and traffic officers to deploy non-lethal force to control situations and prevent escalation of incidents, while also allowing the traffic unit to create safer driving environments for the community. Page 1 of 1 { / , , , , I-I, _N \ )0 t3 / / GI } - : / ) Li U 51 515• c8i, ! , — a \ \ \ 0 co w } 3 { . ! i0 at ro \ 6 a (o to \ ~ \ \ ! \ . \ \ \ \ } ) ik \ - : ! ] \ k ) \/ / \ \ \ \\\ U.S.DEPARTMENT OF JUSTICE Approved: OMB No. 1121-0329 OFFICE OF JUSTICE PROGRAMS Expires 11/30/2020 Background Recipients'financial management systems and internal controls must meet certain requirements, including those set out in the"Part 200 Uniform Requirements"(2.C.F.R. Part 2800). Including at a minimum,the financial management system of each OJP award recipient must provide for the following: (1)Identification, in its accounts, of all Federal awards received and expended and the Federal programs under which they were received. Federal program and Federal award identification must include, as applicable,the CFDA title and number, Federal award identification number and year, and the name of the Federal agency. (2)Accurate, current, and complete disclosure of the financial results of each Federal award or program. (3)Records that identify adequately the source and application of funds for Federally-funded activities. These records must contain information pertaining to Federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income, and interest, and be supported by source documentation. • (4)Effective control over, and accountability for, all funds, property, and other assets.The recipient must adequately safeguard all assets and assure that they are used solely for authorized purposes. (5)Comparison of expenditures with budget amounts for each Federal award. (6)Written procedures to document the receipt and disbursement of Federal funds including procedures to minimize the time elapsing between the transfer of funds from the United States Treasury and the disbursement by the OJP recipient. (7)Written procedures for determining the allowability of costs in accordance with both the terms and conditions of the Federal award and the cost principles to apply to the Federal award. (8)Other important requirements related to retention requirements for records, use of open and machine readable formats in records, and certain Federal rights of access to award-related records and recipient personnel. • 1. Name of Organization and Address: Organization Name: Ofkit hill .`v--1)1:4;1 - Street1: � 1�, (sr✓,�@nl r' Street2: '. City: Ylc7lN�f1(b7 State. /411-0ti ICa� Zip Code: .• .. 2.Authorized Representative's Name and Title: Prefix: Vrf•` First Name: . ,+'c• Middle Name: .:}. =:'a,; ��., . • Last Name: otiLal Suffix: Title: .i Jf l i J : • - 3. Phone: t- JJT D-. i ° 4.Fax: 5. Email: •QPC'aOOiir °. !Dt'U 4...Il' � ,° �` ;�. .. t.. .a s-t^,+M�^,z-' ?r..R,.pl."",'IFa►.s'.;-`C�...�.- 6.Year Established: 7..�Employer Identification Number(EIN): 8. DUNS Number: • 9. a) Is the applicant entity a nonprofit organization (including a nonprofit institution of higher education)as described in 26 U.S.C. 501(c)(3) and exempt from taxation under26 U.S.C. 501(a)? ElYes El No If"No" skip to Question 10. If"Yes", complete Questions 9. b)and 9.c). • Page 1 of4 � U.S.DEPARTMENT OF JUSTICE Approved: OMB No. 1121-0329 ` � OFFICE OF JUSTICE PROGRAMS Expires 11/30/2020 •:DIT=INFORMATION:`:=•`:j:` . 9. b) Does the applicant nonprofit organization maintain offshore accounts for 1-1Yeslii No the purpose of avoiding paying the tax described in 26 U.S.C. 511(a)? 9. c)With respect to the most recent year in which the applicant nonprofit organization was required to file a tax return, does the applicant nonprofit [Yes In No organization believe(or assert)that it satisfies the requirements of 26 C.F.R. 53.4958-6 (which relate to the reasonableness of compensation of certain individuals)? If"Yes", refer to"Additional Attachments"under"What An Application Should Include"in the OJP solicitation (or application guidance) under which the applicant is submitting its application. If the solicitation/guidance describes the "Disclosure of Process related to Executive Compensation,"the applicant nonprofit organization must provide--as an attachment to its application --a disclosure that satisfies the minimum requirements as described by OJP. For purposes of this questionnaire, an"audit"is conducted by an independent, external auditor using generally accepted auditing standards(GAAS) or Generally Governmental Auditing Standards (GAGAS), and results in an audit report with an opinion. 10. Has the applicant entity undergone any of the following types of audit(s)(Please check all that apply): ▪ "Single Audit" under OMB A-133 or Subpart F of 2 C.F.R. Part 200 Financial Statement Audit O Defense Contract Agency Audit(DCAA) CI Other Audit&Agency flist type of audit): FAgccaurkt4tAtjia ucJWORA O None (if none, skip to question 13) 11. Most Recent Audit Report Issued: El Within the last 0 Within the last ID Over 2 years ago I N/A 12 months 2 years Name of Audit Agency/Firm: j►Arl n`I)e a e4, -=C:1arot°C iw®- AUDITOR'S OPINION 12. On the most recent audit,what was the auditor's opinion? 0 Unqualified Opinion 0 Qualified Opinion Q Disclaimer, Going Concern Q N/A: No audits as or Adverse Opinions described above Enter the number of findings(if none, enter"0": Enter the dollar amount of questioned costs(if none, enter"$0"):.. . .. Were material weaknesses noted in the report or opinion? Dyes El No • 13.Which of the following best describes the applicant entity's accounting system: 0 Manual 0 Automated El Combination of manual and automated 14. Does the applicant entity's accounting system have the capability to IEI Yes 0 No El Not Sure identify the receipt and expenditure of award funds separately for each Federal award? 15. Does the applicant entity's accounting system have the capability to if Yes fl No 0 Not Sure record expenditures for each Federal award by the budget cost categories shown in the approved budget? 16. Does the applicant entity's accounting system have the capability to 0 Yes 0 No 0 Not Sure record cost sharing ("match")separately for each Federal award, and maintain documentation to support recorded match or cost share? Page 2 of 4 • U.S.DEPARTMENT OF JUSTICE Approved: OMB No. 1121-0329 ' OFFICE OF JUSTICE PROGRAMS Expires 111/30/2020 17. Does the applicant entity's accounting system have the capability to [i Yes El No 0 Not Sure accurately track employees actual time spent performing work for each federal award, and to accurately allocate charges for employee salaries and wages for each federal award, and maintain records to support the actual time spent and specific allocation of charges associated with each applicant employee? 18. Does the applicant entity's accounting system include budgetary controls Yes El No Ej Not Sure to preclude the applicant entity from incurring obligations or costs that exceed the amount of funds available under a federal award(the total amount of the award, as well as the amount available in each budget cost category)? 19. Is applicant entity familiar with the "cost principles" that apply to recent 0 Yes El No [( Not Sure and future federal awards, including the general and specific principles set out in 2 C.F.R Part 200? • PROPERTY STANDARDS ANDiPRQCUREMENT STANDARDS.. • 20. Does the applicant entity's property management system(s)maintain the in Yes Ej No Ej Not Sure following information on property purchased with federal award funds (1) a description of the property; (2)an identification number; (3) the source of funding for the property, including the award number; (4)who holds title; (5) acquisition date, (6)acquisition cost; (7)federal share of the acquisition cost; (8) location and condition of the property; (9) ultimate disposition information? 21. Does the applicant entity maintain written policies and procedures for Ej Yes El No Ei Not Sure procurement transactions that--(1)are designed to avoid unnecessary or duplicative purchases; (2)provide for analysis of lease versus purchase alternatives; (3)set out a process for soliciting goods and services, and (4) include standards of conduct that address conflicts of interest? 22. a)Are the applicant entity's procurement policies and proceduresEi Yes Ej No [] Not Sure designed to ensure that procurements are conducted in a manner that provides full and open competition to the extent practicable, and to avoid practices that restrict competition? 22. b) Do the applicant entity's procurement policies and procedures require Yes 0 No El Not Sure documentation of the history of a procurement, including the rationale for the method of procurement, selection of contract type, selection or rejection of contractors, and basis for the contract price? 23. Does the applicant entity have written policies and procedures designed to prevent the applicant entity from entering into a procurement contract El Yes El No El Not Sure under a federal award with any entity or individual that is suspended or debarred from such contracts, including provisions for checking the"Excluded Parties List"system (www.sam.gov)for suspended or debarred sub-grantees . and contractors, prior to award? TRAVEL POLICY .., . 24. Does the applicant entity: (a) maintain a standard travel policy? El Yes El No (b) adhere to the Federal Travel Regulation(FTR)? Q Yes Ej No SUBRECIPIENT MANAGEMENT'AND MONITORING • 25. Does the applicant entity have written policies, procedures, and/or 0 Yes Q No Ej Not Sure guidance designed to ensure that any subawards made by the applicant entity under a federal award--(1) clearly document applicable federal requirements, (2)are appropriately monitored by the applicant, and (3) l N/A-Applicant does not make comply with the requirements in 2 CFR Part 200(see 2 CFR 200.331)? subawards under any OJP awards Page 3 of 4 U.S.DEPARTMENT OF JUSTICE Approved:OMS No. 1121-0329 t OFFICE OF JUSTICE PROGRAMS Expires 11/30/2020 26. Is the applicant entity aware of the differences between subawards under El Yes JJ No El Not Sure federal awards and procurement contracts under federal,awards, including the different roles and responsibilities associated with each? [j N/A-Applicant does not make subawards under any OJP awards 27. Does the applicant entity have written policies and procedures designed 0 Yes El No [( Not Sure to prevent the applicant entity from making a subaward under a federal award to any entity or individual is suspended or debarred from such .1 N/A-Applicant does not make subawards? subawards under any OJP awards DESIGNATION AS `HIGH-RISK''BY OTHER FEDERAL AGENCIES 28. Is the applicant entity designated "high risk"by a federal grant-making El Yes • No 0 Not Sure agency outside of DOJ? (High risk includes any status under which a federal awarding agency provides additional oversight due to the applicant's past performance, or other programmatic or financial concerns with the applicant.) If"Yes", provide the following: (a) Name(s) of the federal awarding agency: (b) Date(s)the agency notified the applicant entity of the"high risk"designation: (c)Contact information for the"high risk"point of contact at the federal agency: Name: t. .a_ Y.u. r_• Phone .22±fittelli s ;,,r <,rr „,.:4*(fl Email (d) Reason for"high risk"status, as set out by the federal agency: • • • CERTIFICATION ON BEHALF OF THE APPLICANT ENTITY (Must be made by the chief executive, executive director, chief financial officer, designated authorized • representative("AOR"), or other official with the requisite know'edge and authority) On behalf of the applicant entity, I certify to the U.S. Department of Justice that the information provided above is complete and correct to the best of my knowledge. I have the requisite authority and information to make this certification on behalf of the applicant entity. Name: i�jA: A , '� ,y►_ `'�� � i : r Date: e. ':` . ,, Title: 0 Executive Director fl Chief Financial Officer 0 Chairman El Other: ( 10 • Phone: e ° e e o _,• y: .� .;: ,;�. . ,,_ ; Page 4 of 4 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S C. 1352 0348-0046 (See reverse for public burden disclosure) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: b a. contract a a. bid/offer/application a a initial filing b grant b. initial award b material change c. cooperative agreement c post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name Q Prime Subawardee and Address of Prime: Tier if known• City of Spokane Valley 10210 E Sprague Avenue Spoakne Valley,WA 99206 Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: Department of Justice Edward Byrne Memorial Justice Assistance Grant CFDA Number, ifapplicable• 16.738 8. Federal Action Number, if known: 9.Award Amount, if known: $ 27,156.00 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual last name. first name. M1): different from No 10a) N/A (last name. first name. Mll• N/A Information requested through this form is authonzed by title 31 U S C section g �1Ji 11. Signature: as��LLLLSSSSXXXXJ///(U((������ 1352. This disclosure of lobbying activities is a material representation of fact / upon which reliance was placed by the tier above when this transaction was made / — 2(—i r �„ ,y, or entered into. This disclosure is required pursuant to 31 U.S C 1352 This Print Name: 1 C �� /; I rt�tJ�k information will be reported to the Congress semi-annually and will be available for Title �/ty �a•4{� public inspection Any person who fails to file the required disclosure shall be ((( subject to a civil penalty of not less that$10,000 and not more than$100,000 for /r� , , (//i each such failure Telephone No.. -720-91 Date: /Wig Federal Use Only: Authorized for Local Reproduction Standard Form LLL(Rev.7-97) U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS State or Local Government: FY 2018 Certification of Compliance with 8 U.S.C. §§ 1373 & 1644 On behalf of the applicant government entity named below, and in support of its application, I certify to the Office of Justice Programs ("OJP"), U S Department of Justice("USDOJ"),that all of the following are true and correct: (1) I am the chief legal officer of the State or local government of which the applicant entity named below is a part("the jurisdiction"), and I have the authority to make this certification on behalf of the jurisdiction and the applicant entity(that is,the entity applying directly to OJP). I understand that OJP will rely upon this certification as a material representation in any decision to make an award to the applicantentity (2) I have carefully reviewed 8 U S.C.§§ 1373(a)&(b),and 1644,including the prohibitions on certain actions by State and local government entities,-agencies, and-officials regarding information regarding citizenship and immigration status. I also have reviewed the provisions set out at(or referenced in)8 U.S.C. § 1551 note ("Abolition . and Transfer of Functions"), pursuant to which references to the"Immigration and Naturalization Service"in 8 U.S.C. §§ 1373 & 1644 are to be read, as a legal matter, as references to particular components of the U.S Department of Homeland Security. (3) I (and also the applicant entity) understand that the U.S Department of Justice will require States and local governments(and agencies or other entities thereof)to comply with 8 U.S.C. §§ 1373& 1644,with respect to any "program or activity" funded in whole or in part with the federal financial assistance provided through the FY 2018 OJP program under which this certification is being submitted (the "FY 2018 OJP Program"identified below), specifically including any such"program or activity"of a governmental entity or-agency that is a subrecipient(at any tier)of funds under the FY 2018 OJP Program (4) I (and also the applicant entity) understand that,for purposes of this certification, "program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S C. §2000d-4a), and that terms used in this certification that are defined in 8 U.S.C.§ 1101 mean what they mean under that section 1101, except that the term"State"also shall include American Samoa (cf. 34 U.S.C. § 10251(a)(2)).Also, I understand that,for purposes of this certification, neither a"public"institution of higher education (i.e., one that is owned, controlled, or directly funded by a State or local government)nor an Indian tribe is considered a State or local government entity or-agency (5) I have conducted(or caused to be conducted for me)a diligent inquiry and review concerning the following(which,for the specific purpose of paragraph 5,shall not be understood to include any"program or activity"of any subrecipient at any tier)— (a) the"program or activity"to be funded (in whole or in part)with the federal financial assistance sought by the applicant entity under this FY 2018 OJP Program;and (b) any prohibitions or restrictions potentially applicable to the"program or activity"sought to be funded under the FY 2018 OJP Program that deal with sending to, requesting or receiving from, maintaining, or exchanging information of the types described in 8 U.S.C.§§ 1373(a)&(b),and 1644,whether imposed by a State or local government entity, -agency, or-official (6) As of the date of this certification, neither the jurisdiction nor any entity, agency, or official of the jurisdiction has in effect, purports to have in effect,or is subject to or bound by, any prohibition or any restriction that would apply to the"program or activity"to be funded in whole or in part under the FY 2018 OJP Program (which, for the specific purpose of this paragraph 6, shall not be understood to include any such "program or activity" of any subrecipient at any tier),and that deals with either—(1)a government entity or -official sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. §§ 1373(a) & 1644; or(2)a government entity or-agency sending to, requesting or receiving from, maintaining, or exchanging information of the types(and with respect to the entities)described in 8 U.S.C. § 1373(b). SiC)e 4 Ct�i gal Officer of the Jurisdiction Printed Nim/of Legal Officer V 4v1v..4.7 Z/� 2U l9 C+ 4- 4-fitor ive Date of Certification Title of Cifief Legal Officer r the Jurisdiction 0,41 oc $ ji & i/�1l Name of Applicant Government Entity(i.e., the applica 7 to the FY 2018 OJP Program identified below) FY2018 OJP Program: Byrne Justice Assistance Grant (JAG) Program: State Rev.August 16,2018