The URL can be used to link to this page

Home My WebLink AboutExhibitDepartment of Justice (DOJ) " Office of Justice Programs Office of the Assistant Attorney General Washingtan, D.C. 20531 September 19, 2020 The Honorable Francis Suarez City of (Miami 444 SW 2nd Avenue, 5th Floor, Grants Administration Miami, FL 33130-1910 Dear Mayor Suarez; On behalf of Attnmey General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs (OJP), U.S. Department of Justice (DOJ), has approved the application by City of Miami for an award under the OJP funding opportunity entitled "JAG Local: Eligible Allocation Amounts S25,000 or Ivfore." The approved award amount is $234,888. These funds are for the project entitled City of Miami Police FY 20 JAG. The award document, including award conditions, is enclosed. Tfic entire document is to be reviewed carefully before any decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award conditions"(ojp.gov/fundinglExplore!LegalNotices-AwardAegts.htm) is to be consulted prior to an acceptance. Through that "Legal Notices" webpage, OR sets out -- by funding opportunity -- certain special circumstances that may or will affect the applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted through that webpage is incorporated by reference into the award. Please note that award requirements include not only award conditions, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. Because these requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e_g., specific restrictions on use of funds), it is vital that all key staff know the award requirements, and receive the award conditions and the assurances and certifications, as well as the application as approved by OJP. (Information on all pertinent award requirements also must be provided to any subrecipient of the award.) Should City of Miami accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Please direct questions regarding this award as follows: - For program questions, contact Tamaro White, Program Manager at (202) 353-3503, and - For financial questions, contact the Customer Service Center of OR's Office of the Chief Financial Officer at (900) 458-0786, or at ask_ocfo@usdaj.gov. We look forward to working with you. Sincerely, (Catharine T. Sullivan Principal Deputy Assistant Attorney General Encl. Department of Justice (Doi) Office of Justice Programs Dfce of Civil Rights YVashington, DC2053I September 19, 2020 The Honorable Francis X. Suarez City of Miami 444 SW 2nd Avenue, 5th Floor Grants Administration Miami, FL 33130-1910 Dear Mayor Suarez: Congratulations on your recent award. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several fedeH civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply Vdth those laws. In addition to those civil rights laves, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition ofrecciving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see haps:/lojp.gov!funding/Explore/LegalOverviewiCivi]RightsR equirements.btm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manmr to their service population or have employment practices that meet equal-upportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R_ §§ 42.244(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would Uze the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know. Sincerely, Michael L. Alston Director cc; Grant Manager Financial Analyst Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance G rant PAGE 1 OF 32 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NU&[BER: 2020-DJ-13X-0974 City of Miami 414 SW 2ud AATnue, Stir Floor Grants Administration 5, PROJECT PERIOD: FROM 101011'2019 TO 09I30/2023 Miami, FL 33130-1910 BUDGET PERIOD: FROM 10/0t,12019 TO O9/30l2023 6, AWARD DATE 09/19r'2020 8. SUPPLEMENT NLAMER 7. ACTION Initial 2a. GRANTEE IRS(VENDOR. NO. 596000407 00 25. GRANTEE DUNS NO. 9. PREVIOUS AWARD AMOUNT $ 0 072220791 3.PROJECT TITLE 10. AMOUNT OF THIS AWARD S 234,888 City of Miami Police FY 20 JAG 11. TOTAL AWARD S 234,888 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR Li14IT1 ATIONS AS ARE SET FORTH ON THE ATTACKED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY20(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 101 DI-10726), including subpart I of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) 14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edwrird Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAIv1E AND TITLE OF APPROVING OFFICIAL 18, TYPED NAME AND TITLE OF AUTFIORTZED GRANTEE OFFICIAL Katharine T. Sullivan FrancisX. Suarez Principal Deputy Assistant Attorney Geneml Mayor 17, SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT" OFFICIAL 19A. DATE // AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. VDJUGT3519 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG, SUB, POMS AMOUNT X B DJ 8D 00 00 234888 O1P FORM 4000r2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE, 07 FORM 4000l2 (REV. 4-98) Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 32 Grant PROJECT NUMBER 2020-DJ-BX-0974 AIVARD DATE 09,11912020 SPECIAL CONDITIONS 1. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. L'united Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be d1wing the period of performance) set out through the Office of Justice Programs ("ON") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.govffundinglExplore/LegaiNotices-AwardRegts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may resent in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOd, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including tinder 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 terns, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Shotdd it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. OR FORM 4000/2 (REV. 4-88) Department of Justice ('DOJ) Office of Justice Programs ANVARD CONTINUATION fe j a Bureau of Justice Assistance SHEET PAGE 3 OF 32 .,`. Grant PROJECT NUMBER 2020-DJ-HX-0974 ANVARD DATE 09/19/2020 SPECIAL CONDITIONS 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C-F-R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2020 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on Deccmber 26, 2014. If this FY 2020 award supplements funds previously awarded by OJP under the same award number (e.g, funds awarded during or before December 2014), the Part 200 Uniform Regaurements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2020 award. For snore information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("suba ants"), see the OJP website at https:liojp.gov'f€mdina..`Part200UniformRequirements.btm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgramee") at any tier) must retain -- typically for a period of 3 years from the date of submission ofthe final expenditure repart (SF 425), tnrless a different retention period applies — and to which the recipient (anti any subrecipient ("subgrantee") at any titer) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https:Iiojp.gov/financialguide/DOJ/index.htrn), including any updated version that maybe posted dtu-ing 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. Coda were editorially reclassified (that is, moved and renumbered) to anew Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34, This tole 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. ON FORM 400012 (REV. 4-U) >, Department of Justice (DOJ) Office of Justice Programs AWARD C[iilll`FUATION i 1 Bureau of Justice Assistance SHEET PAGE 4 OF 32 ' Grant PROJECr NUMBER 2020-DJ-BX-0974 AWARD DATE 09119/2020 SPECDLL MAIDITIONS 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2018, will satisfy this condition. A list of OJP trantings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https:/,,vkrww.ojp.go,.,/traininz/fints.htm. All tminings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OfP to impose additional appropriate conditions on this award. 6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Unifonn Requirements and other applicable lace to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and mast comply with all associated requirements in the Part 200 Uniform Requirements. The "de min€m is" rate may be applied only to modified total direct costs (N1TDC) as defined by the Part 200 Uniform Requirements. 7. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds dwing the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the d un identical cost items for which funds are providcder this award. If so, the recipient must promptly notify the DOJ awarding agency (OFF or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GANT) to eliminate any inappropriate duplication of funding. OR F01W 4000r2 (REv. 4-ss) == Department of Justice (DOJ) Office of Jnstiee Programs AWARD CONTINUATION f Bureau of Justice Assistance SHEET PAGE 5 OF 32 t ter_ Grant PROTECTWUNWER 2020-D1-BX-0973 AWARDDATE 09/1912020 SPECLa C'ONDITfONS 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:/h-, w-w.saun.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first -tier "subgrantecs"), 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 O1P web site at https:]/ojp.gov/fuading)Explore.fSAM.htm (Award condition: System for Award Management (SArNI) 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). 01P FORME 4040,'2 (REV. 4-88) Department of Justice (DOJ) r ~~ Office of Justice Programs ANVARD CONTMUATION s Bureau of Justice Assistance SHEET PAGE s of 32 Grant PROJECT NUMBER 2020-DI-EX-0974 AWARD DATE 0911912020 SPf CL41 COlVDITIONS 9. Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must -- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired. consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C, 1324a(a)(1) and (2) that, generally speaking, make it unlawful; in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1124a(a)(1) and (2). D. As part of the recordkeeping for the award (including ptusuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of s€tbrecipient 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 desierted to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (nr any subrecipient) may choose to participate in, and use, E-Verify (w-vw.e-verify,gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D, Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or OJP FORM 400012 (REV. 4-88) Department of Justice (DOI) Office of Justice Programs AWARD CONTINUATION p r Bureau of Justice Assistance SHEET PAGE 7 OF 32 Grant PROJECTNC MBEtt 2020-DJ-BX-0974 ANVARDDATE UWM2020 SPECML CONDITIONS any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law E. Nothing in this condition, including in paragraph 4.B„ shall be understood to relieve any recipient, any subrecipieat at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C, 1324(a)(1) and (2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https:r`/wsvu.e-terify.gov/j or email E-Verify atE-Verify@dhs.-ov. E-Verify employer agents can email E- Verify at E-Vei*Employer' .-ent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OR, before award acceptance 10. Requirement to report actual orimminent breach of personally identifiable information (Pll) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (ONIB lv1-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable infonnation (PU)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PlI to an OR Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 11. A11 subawards ("subgrants") must have specific federal authorization The recipient, acid any subrecipient ("subp antee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement ""contract"). The details of the requirement for authorization of any subaward are posted an the OJP web site at https:llojp.gorlfunding(ExplorelSubawardAutharization.httn (Award condition_ All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 12. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OR award are posted on the OJP web site at https:!Iojp.govlfundinJExplore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. OJP FORM 400012 (REV.4-88) .. -�� Department of Justice (I)OJ) Office of Justice Programs ANVARD CONTINUATION Bureau of Justice Assistance SHEET PACE a OF 32 =ems.• Grant YV, PROJECT N YMBER 2020-DJ-DX-0974 AWARD DATE 09/19/2020 SPfCLIL CONDITIO�US 13. Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier), 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administered] in a manner so as to ensure that Federal finding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (gererally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices 'restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by U SDOJ. 2. Monitoring The recipients monitoring responsibilities include monitoring of subrecipient compliance with this condition, 3. A]lovvable costs To the extent that such costs are not reimbursed raider any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance vvrith this condition. 4, Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal govermnent -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. GIP FORM 400012 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs ANVARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 9 OF sz Grant PROJECT NUMBER 2020-DJ-BX-0974 AWARD➢ATE 0911912020 SPLCI,4L COMDITIONS 14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to tracking in persons are posted on the OJP web site at https:,/ojp.gov/fundin-JFxplore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipicnts related to trafficking in persons (including reporting requirements and OJP authority to tenninate award)), and are incorporated by reference here. 15. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ finding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at httpsJ/ojp.,aov/f"undingtExplore/Interact-Minors.btm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 15. Compliance with applicable roles regarding approval, planning. and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with a]l applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal Rmds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this mvard appears in the DOJ Grants Financial Guide (currently, as section 3,10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 17. Requirement for data on performance and effectiveness tinder the award The recipient must collect and maintain data that measure the performance and effectiveness of,,York under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws_ 18. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers vMh OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at baps://ojp-govr'f finding/Implement•"frainingPrinciplesForCirantees-5ubgrantees.htm. OJP FORM 400012 (REV. 4-98) - Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE I OF 32 s}: ' Grant PROJECT NUMBER 2D20-DJ-BX-0974 AWARD DATE 09/19/2020 SPECW CO: D-ITIONS 19. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstrunding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 20. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (03P or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high - risk" for purposes of the DOJ high -risk grantee list. 21. Compliance with DOJ remdations pertaining to civil rights and nondiscrimination - 28 C-E.R, Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R, Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 G.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at Gray tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") 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 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https:/f,,vww.ecfr.gov/egi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 0JP FORM 400012 (REv. 4-m) Deparhnent of Justice (DOJ) Office ofJustice Programs A`VARI) CON TWUATION Bureau of Justice Assistance SHEET PAGE 11 OF 32 Grant PROJECT NUMBER 2020-DJ-HX-0974 AWARDDATE 09AW2020 SPECIAL COYDITIOMS 24. Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913, (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to Influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP, 25. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2020) 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 that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY2OAppropriationsRestrictions.htnt, and axe incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of 01P. 26. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrautees") at any tier, must promptly refer to the DOJ Office of the Inspector General (010) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection wrath funds tinder this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertainuig to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to fiords under this award should be reported to the OIG by--(l) online submission accessible via the OIG vvebpage at https://oig.justice.gov/hottine/contact-grants.htn (select "Submit Report Online"),- (2) mail directed to: U.S. Department of justice, Office of the Inspector General, Investigations Division, ATTNT: Grantee Reporting, 950 Pennsylvania Ave., nV, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) b 1G-9881 (fax) - Additional information is available from the DOJ OIG website at https:r`/uig.justice,govihotline. ON FORM 4000/2 (REV. 4-98) Department of Justice (DOJ) �. Office of Justice Programs A`VARD C0NTI1tiUATI0N t Bureau of Justice Assistance SKEET PAGE 12 or; 32 Grant PROJECT NUMBER 2020-DJ-BX-0974 AWARD DATE 09119.2020 SPECL1L CONDITIONS 27. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any fiords under this award, imay 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 sball not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees nr contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste; fraud, or abuse as described above, it will immediately stop any further obligations of award fiords, will provide prompt written notification to the federal agency making this award, and will restune (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subarants"), procurement contracts, or both-- v a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes mayor will receive award fiends (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b, it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of -waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORRi 4000,2 (REV. 4-88) y = ' Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 13 of 32 -� Grant PROJECT NLMfBER 2020-DJ-BX-0974 AWARD DATE 091]9/2020 SPECLIL CONDITIONS 28. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant. a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 29. Encouraaeruent of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg, 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the coarse of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 30. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj,gov. For purposes of thus 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 fallowing: 1. The federal awarding agency that currently designates the recipient high risk, 2_ The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone munber, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. OJP FORM 4000/2 (REV. 4-89) Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION 5 7 Bureau of Justice Assistance SHEET PAGE 14 OF 32 Grant PROJECT NUMBER 2020-DJ-BX-0974 AWARD DATE 09119/2020 SPECIAL CONDITIOM 31. Authority to obligate award funds contingent an noninterference (within the funded "program or activity") with federal law enforcement: information -communication restrictions; 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 time of the obligation; the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local govermnem, or a public institution of higher education) that is funded wholly or partly with award funds is subject to any "information -communication restriction." B. Also, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if— at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier, described in par. I.A of this condition) that would be reimbursed wholly or partly with award funds was subject to any information -communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) described in par. 1.A of this condition, is in compliance with the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: information -communication restrictions; ongoing Compliance." D- The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient (at any tier) described in par. 1.A of this condition, may be subject to any information - communication restriction. Also, any subaward (at any tier) to a subrecipient described in paragraph LA of this condition must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. 2. Any subaward (at any tier) to a subrecipient described in par. 1.A of this condition must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activit-v of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information - communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... information- communicatioa restrictions; ongoing compliance" award condition. 4. Rules of Constriction A. For purposes of this condition "information -communication restriction" has the meaning set out in the "Noninterference.-. information -communication restrictions; ongoing compliance" condition. B. Both the "Rules of Construction" and the "important Note" set out in the "Noninterference ... information - communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full, 01P FORM 4000i2 (REV- 4-88) n ^- Department of Justice (DOJ) Office of Justice Programs AiVARD CONTINUATION �• I Bureau of Justice Assistance SHEET PAGE 15 OF 32 Grant PROIECT NUMBER 2020-DJ-BX-0974 AWARD DATE 09,11912020 SPECIAL C0,1WITIONS 32. Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement: information -communication restrictions; unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information -communication restrietion." B. fn addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier, described in paragraph LA of this condition) that would be reimbursed in whole or in part with award funds was subject to any information -communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) described in paragraph LA of this condition, is in compliance with the award condition entitled "No use of funds to interfere with federal law enforcement: information -communication restrictions; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient (at any tier) described in paragraph LA of this condition, may be subject to wiv information -communication restriction. In addition, any subaward (at any tier) to a subrecipient described in paragraph LA of this condition must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. 2. Any subaward (at any tier) to a subrecipient described in paragraph LA of this condition must provide that the subrecipient may not obligate award funds if, at the time of the obligation. the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information -communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOI of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be €uiallowable costs for purposes of this award, in making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "No use of funds to interfere information -communication restrictions; ongoing compliance" award condition. 4, Rules of Construction A. For purposes of this condition "hifornation-conun€mication restriction" has the meaning set out in the "No use of funds to interfere... information -communication restrictions; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important ]~Tote" set out in the "No use of funds to interfere ... information -communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full, OR FORM 400012 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs A`VARD CONTLWATION i} Bureau of Justice Assistance SHEET PAGE 16 OF 32 Grant PROJECT NUMBER 2020-DI-BX-0974 ANVARD DATE 49119./2020 3PECGIL CMDITIONS 33. Noninterference (within the funded "program or activity") with federal law enforcement: information -communication restrictions; ongoing compliance 1. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status tol fronvwith DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information - communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled. or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000&4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) "DHS" means the U.S. Department of Homeland Security. 13. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. OJP FORM 4000/2 (REV.4-88) >y Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION r s.- Bureau of Justice Assistance SHEET PAGE 17 OF 32 yy, Grant PROJECTNUM-B R 2020-DJ-SX-0974 AWARD DATE 0911912020 SPECIAL CONDITIONS 34. No use of funds to interfere with federal law enforcement: information -communication restrictions; ongoing compliance 1. Throughout the period of performance, no State or local government entity, -agency, or -official may use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (1) any government entity or -official from sending or weeiving information regarding citizenship or immigration status to/from DHS: or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status to/from/with DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information -communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution ofhigber education, incurs to implement tlds condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "govenment officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 20OOd-4a)_ (4) "Itmnigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in S U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) "DHS" means the U.S. Department of Hometand Security. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 0JP FORM 4000r'2 (REV. 4-88) Department of Justice (DOf) ' Office of Justice Programs ANYARD CONTINUATION Bureau of Justice Assistance SHEET PAGE is of 32 r.4 n Grant PROJECT NUMBER 2020-DJ-13X-0974 AWARD DATE 09119/2020 SPECL4L CONDITIONS 35. Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law -enforcement -sensitive information SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder ofthe period of performance. its provisions must be among those included in any subaward (at any tier). 1. Noninterference: No public disclosure of federal law -enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including S U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law -enforcement infonuation in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subreeipient 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 tenn "alien" means what it means tinder section t01 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a) (3)); (2) the term "federal law -enforcement information" means law -enforcement -sensitive information commtuticated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including; without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconlliction (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 conununieation or release other than one-- (a) within the recipient, or (b) to any subrecipicnt (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: information -communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full. 03? FORM 4000/2 (REV. 4-88) -_, Department of Justice (DOT) Office of Justice Programs AWARD CONTINUATION *� r Bureau of Justice Assistance SHEET PAGE 19 of 32 Grunt PROJECT NUMBER 2020-DJ-BX-0974 AWARD DATE 09,19/2020 SPEML CONDITIONS 36. 1'+o use of fiends to interfere with federal law enforcement: No public disclosure of certain law -enforcement -sensitive information SCOPE. This condition applies as of the date the recipient accepts this award, and throu.60ut the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere: No public disclosure of federal law -enforcement information in order to conceal, barbor, 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. ells. 1, 49, 227), no funds under this award may be used to make any public disclosure of any federal law -enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. l2 — without retard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance ndth 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(a)(3))„ (2) the term "federal law -enforcement information" means law -enforcement -sensitive information commutticated 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 lain enforcement partnersbip or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity: (3) the term "taw -enforcement -sensitive information" means records or information compiled for any law - enforcement purpose: and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal law enforcement: inforimation-cotnnlunication restrictions, ongoing compliance" award condition are incorporated by reference as though set forth here in full. O1P FORM 400012 (REV. 4-88) Department of.lustice (DQJ) ?. Office of Justice Programs AWARD CONTINUATION .. .j Bureau of Justice Assistance SHEET PACE 20 OF 32 f q Grant PROJECT NUMBER 2020-DJ-13X-0974 AWARD DATE 09/1912020 SPECL L CONDITIONS 37. Noninterference (within the funded "program cr activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. lv'oninterferenee 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"); S U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or -official (including a government -contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time fora particular alien, if a State or local government (or government - contracted) correctional facility receives from DHS a formal writtenrequestpursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of sub€ecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds rnav be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. B, Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DhS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for dete❑tiom C. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. 01P FORM 4000/2 (REV. 4-88) = a,� Department of Justice (DOJ) ` Office of Justice Programs AtVARD CONTINUATION �4 Bureau of Justice Assistance SHEET PAGE 21 OF 32 �- Grant PROJECT NUMBER 2020-DJ-BX-0974 AWARD DATE 09i19;2020 SPECIAL CONDITIONS 38. No use of fluids to interferc with federal law enforcement_ Notice of scheduled release SCOPE. This condition applies as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alienf felons) in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- no State or local government entity, -agency, or - official (including a government -contacted correctional facility) may use funds under this award to interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DES of the scheduled release date and time for a particular alien, if a State or local government (or government -contracted) correctional facility receives from DES a formal written request pursuant to the INA that seeks such advance notice, 2. Monitoring The recipient's monitoring responsibilities include monitoring of sub -recipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed tmder any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. Nothing in this condition shall he tmderstood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. B. Applicability (1) Current DES practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention- C. Both the "Rules of Construction" and the "hnportant Note" set out in the "No use of funds to interfere with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. OF FORM 400012 (REV. 4-88) -- Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHFET PAGE 22 OF 32 Grant PROJECT NUMBER 2020-DJ-BX-0974 AWARD DATE 09i t 912020 SPECIAL C0XDIT10XS 39. Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "progratn or activity" funded (wholly or partly) by this award, as of the date the recipient accepts the award, and throughout the rest of the award period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations --including 8 USC 1357(a), under which certain federal officers and employees "have power without warrant... to interrogate any alien or person believed to be an alien as to his right to be or to remain" in the U.S., and 8 CFR 287.5(a), under which that power may be exercised "anywhere in or outside" the U.S.--widtin the funded program or activity, no State or local government entity, -agency, or - official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government -contracted) correctional facility by such agents for the purpose of "interrogatjing] any alien or person believed to be an alien as to his [or her] right to be or to rotnain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitorintr of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed tinder any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to entire compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under sec. 101 of the Immigration and Nationality Act ([NA) (8 USC 1101(a)(3)), except that, with respect to a juvenile offender, it means "criminal alien." (2) The teen "j uvenile uffender" means what it means tinder 28 CFR 31.304(o (as in effect on Jan. i, 2020), (3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of - (a) conviction described in 8 USC 1227(a)(2), or (b) conduct described in 8 USC 1227(a)(4). (4) The term "conviction" means what it means under 8 USC 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.) (5) The terra "correctional facility" means what it means under 34 USC 10251(a)(7)) as of January 1, 2020. (G) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that - (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. OJP FORM 4000f2 (REV. 4-88) Department of Justice (DOJ) "?" Office oflustice Programs AWARD CONTINUATION z, Bureau of Justice Assistance SHEET PAGE 23 OF 32 Grant _sv PROJECT NUMBER 2020-DJ-BX-0974 AWARD DATE 09f1912020 SPECIAL COYDITIONS (7) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (8) A "public" institution of higher education is one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (9) "Program or activity" means what it means under 42 US 2000d-4a B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local govermment, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. OJP FORM 400n (R- v. 4-ss) -E Department of Justice (DOJ) s Office of Justice Programs AWARD CONTINUATION rBureau of Justice Assistance SHEET PAGE 24 OF 32 Grant PROJECT NUM BEk 2020-DJ-BX-0974 AWARD DATE 0911912020 SPECIAL COIVDITIONS 40. No use of funds to interfere with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period ofperfannance for the award. Its provisions must be among those included in any subaward (at any tier). I. No use of funds to interfere with statutory law enforcement access to connectional facilities Consonant with federal law enforcement statutes and regulations -- including 8 USC 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 CFR 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- no State or local government entity, -agency, or -official may use funds under this award to interfere with the exercise of tbat power to interrogate "mrithout warrant" (by agents of the United States acting under color of federal ]aw) by impeding access to any State or local government (or government - contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g-, training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (8 USC 1101(a)(3)), except that, with respect to a juvenile offender, it means "criminal alien." (2) The term `juvenile offender" means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020). (3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of — (a) conviction described in 8 USC 1227(a)(2), or (b) conduct described in 8 USC 1227(a)(4). (4) The term "conviction" means wbat it means under 8 USC I I01(a)(48). (Adjudication of a juvenile as havrinj committed an offense does not constitute "conviction" for purposes of this condition.) (5) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1969 ( 34 USC 1025l(a)(7)). (6) The tern "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that — (a) is designed to prevent or to significantly delay or complicate, or 01P FORM 4000.-2 (REV. 4-88) 'Y Department of Justice (DOJ) 7 Office of Justice Programs AWARD COINTLNUATION ~ r Bureau of Justice Assistance SHEET PAGE 25 OF 32 Grant PROJECT NUMBER 2020-D7-BX-0974 AWARD DATE 09/19/202U SPECIAL COVDITIOAS (b) has the effect of preventing or of significantly delaying or complicating (7) "State" and "local government" inchide any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (8) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local goverwnent. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (9) "Program or activity" means what it means under 42 USC 2000d-4a. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 41. Requirement to collect certain information from subrecipients Except as provided in this condition, the recipient may not make a subaward to a State, a local government, or a "Public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "luformation regarding Communication with the Department of Hameland Security (DHS) and -`or immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with document retention requirements, and must be made available to 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. 42. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews anNor site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP forproviding the requested documents- Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOI awards, including, but not limited to: -withholdings an&or other restrictions on the recipient's access to award funds; referral to the DOJ 010 for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). OJP FORM 4000P2 (REV.4-88) Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION 1 Bureau of Justice Assistance SHEET PAGE 26 OF 32 Grant PROJECT NUNMER 2020 DJ-BX-0974 AtiV 1RD DATE 09,19r2020 SPECIAL COVDITIOAS 43. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp..aovlfunding/Explore/FFATA.htrn (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- ( l) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 44. Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial. Gidde, and must inchrde 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 ontcoanes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 45. Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the art 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 46. Justice Information Sharing Information sharing projects funded under this award must comply with D07's Global Justice Information Sharine Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.cjp.gov/ gsp granteanditian. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 47. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity bet,,veen jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement wotild not be cost effective or would impair the functionality of an existing or proposed IT system. 48. Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by Rinds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F,A. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the reg€dation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 1023 1 (c)-(d). The recipient may not satisfy such a fine with federal funds. OJP FORM 4000,2 (REV. 4-88) Department of Justice (DOJ) ' ? Office ofJustice Programs ANVARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 27 OF 32 µ`° y Grant PROJECT NUMBER 2020-1)J-BX-0974 AWARD DATE 09l19!2020 SPECIAL CONDITIONS 49. Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent, 50. Confidentiality of data The recipient (and any sabrecipien€ at any tier) must comply with all confidentiality requirements of 34 U.S.C, 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.A. Part 22 and, in particular, 28 C.F.R. 22.23. 51. Verification and updating of recipient contact information The recipient must verify its Point of C_'oatact(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 (G14IS) to document changes. 52, Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (intemet-based) task force training. Additionally, all future. task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.etfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding, the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (wtvtiv:ettli.org). 53. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. OJP FORM 4000!2 (REV. 4-88) Department of Justice (DOJ) " Office of Justice Programs AWARD CONTINUATION �f Bureau of Justice Assistance SHEET PAGE 28 OF 32 Grant PROJECT NUMBER 2020-DJ-M-0974 AWARD DATE 091] 912020 SPECL41. CONDITIONS 54. Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks — including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) n specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State lacy) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "clitrible 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 lativ) relevant to the NTICS are promptly made available to the NICS or to the "State" repository/database tbat is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly roust update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring ofcompliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 0PP FORM 400012 (REV. 4-88) F Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 29 OF 32 v% Grant PROJECT NUNDEP 2020-Dr-13X-0974 AWARD DATE 09,119i2020 SPECIAL CO3VDITIONS 55. Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act; and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award fiords. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation orremodeling 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 Ilse 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 methamphetanine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https:libja.gov/Fundinglnepa.litml, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For an-v of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 56. Establishment of trust fund if award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(3)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to QIP at the time of closeout. OJP FORM 4000/2 (RiN. 4-ss) Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 30 OF 32 Grant PROJECT NUMBER 2020-DJ-BX-0974 AWARD DATE 091,19/2020 SPECJAL CQIVDIT 0iYS 57. Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 58. Certification of body armor "mandatory wear" policies If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipieuts planning to utilize funds from this award for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body an -nor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 59. Body armor -compliance with NIJ standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with JAG award f€mds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab stutdards and is listed on the NIJ Compliant Body Armor Model List (https://iaij.gov/topi&technology/body-ai-mor:Pageslcompliant-ballistic-armor.aspx). in addition, ballistic-res istant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body-armor.%pages/ safety-initiative.aspx. 60. Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). 61. Repartingrequirements The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through OJP's GNIS (https://Lr mts.ojp.usdoj.gov). Consistent with the Department's responsibilities tinder the Government Peiformince and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) websitc (https.11bjapmt.ojp.gov/). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 62. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded finding from this JAG award must submit quarterly a"Cuntability metrics data related to training that officers have received on the use of force, racial and ethnic bias, dc- escalation of conflict, and constructive engagement with the public. 01P FORM 40002 (REV. 4-88) Department of Justice (DOJ) Office of Justice programs AWARD CONTLNUATION Bureau of Justice Assistance SHEET PACE 31 OF 32 Grant PROJECT NUMBER 2020-DJ-BX-0974 AWARD DATE 0911912020 SPECLIL C0ND1TIOibS 63. 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.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. 64. JAG FY 2020 - Authorization to obligate (federal) award funds to reirburse certain project costs incurred on or after October 1, 2019 [BJA] Authorization to obligate (federal) award funds to reimburse certain project costs incurred can or after October 1, 2019 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2019), however, the recipient may choose to incctr project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJp (via a Grant Adjustment Notice)- (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. 65. Use of funds for DNA testing; upload of DNA profiles If award fiends are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purcbase of DNA equipment and supplies wnlcss the resulting DNA profiles may be accepted for entry into CODIS. 66. Encouragement of submission of "success stories" BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at hops:/ / �,",w.bja gov/ Login.aspx to access the Success Story Submission form. If the recipient does not yet have a Ivly BJA account, please register at https:/ i www.bia.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." W ithin this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories evill appear on the BJA Success Story web page at https:/ / w%vw.bja-gov/ Success StoryList.aspx. OJP FORIA 4000/2 (REV. 4-88) =- Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION r Bureau of Justice Assistance SHEET PAGE 32 OF 32 s r =' Grant PROJECT NUMBER 2t)20-DJ-DX-0974 AWARD DATE. 09,1912020 SPECIAL COArDIT1OiVS 67. Withholding of funds: required certification from the chief executive of the applicant government The recipient may not obligate, expend, or draw down any award huids until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as determined by OJP), and. a Grant Adjustment Notice (GAN) has been issued to remove this condition. OR FORRI 4000/2 (REV. 4-88) Department of Justice (Doi) u = Office of Justice Programs Bureau of JusticeAssisiance Washington, D.C. 10531 Memorandum To: Official Grant File From: Orbin Terry, N`EPA Coordinator Subject: Incorporates NEPA Compliance in further Developmental Stages for City of Miami The Edward Byre 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 finpacts. All recipients of JAG funding must assist BJA in complying withNEPA and other related federal enviromnental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within. a I Oa -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 axe (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 methampbe#amine 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 methamphetatnine 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/Ftinding/nepa.htint. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. U.S. Dept. of Justice Office of Justice Programs BJA FY 20 Edward Byrne Memorial Justice Assistance Grant (JAG) CITY OF MIAMI, a Florida Municipal Corporation Mn Arthur Noriega V, City Manager Attest: to Todd B. Hannon, City Clerk Approved as to Form and Correctness: Victoria Mendez, City Attorney Approved as to Insurance Requirements: M Ann -Marie Sharpe, Director of Risk Management Date: Date: Date: Date: