Loading...
HomeMy WebLinkAboutExhibitDepartment of justice (DOJ) Office of Justice Programs loostrics1 Office of die Assistant Attorney General Washington, D.0 205.31 The Honorable Francis Suarez City of Miami 444 S.W. 2.nd Ave., 5th Floor - Grants Administration Miami, FL 33130-1910 Dear Mayor Suarez: On behalf of Attorney General William P. Barr, it i.s my pleasure to inform you that the Office of Justice Programs (OJP), U.S. Department of justice (D0J), has approved the application by City of Miami for an award under the OJP funding opportunity entitled "BJA FY 20 Crime Gun Intelligence Centers." The approved award amount is S653,762. These funds are for the project entitled Miami CGEC. Expansion .Project. The award document, including award conditions, is enclosed. The entire document is to be reviewed carefully before tiny decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp,aov/funding/Explore/LegalNotices-AwardReqts.htm) is to be consulted prior to an acceptance. Through that "Legal Notices" webpage, DIP 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 pertainingto 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 perfonnance for the award. Because these requirements encompass financial, achninistrative, and prograinniatic 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 he provided tu any subrecipient of the award.) Should City of Nfiami 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 Joseph Husted, Program Manager al .(202) 353-4411; and - For financial questions, contact the Customer Service Center of 0M's Office of the Chief Financial Officer at (800) 458-0786, or at askooefo@usdoj.gov. We look forward to working with you. Sincerely,. Katharine T. Sullivan Principal Deputy .Assistant Attorney General Encl. Department ofJustiee (DOJ) Office of Justice Programs (Vice gfrivil Rights Washington, DC 20531 The Honorable Franck Suarez City of tvliami 444 S.W. 2nd Ave. 5th Floor - Grants Administration Miami, FL 33130-1910 Dear Mayor Suarez: Congratulations on your recent award. The Office for Civil Rights (OCR), Office ofJustice Programs (0jP),.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 Cominunity Oriented Policing Services (COPS), and the Office, on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. .Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title LX of the Education Amendments of 1972, require recipients of fed.eral financial assistance to give assurances that they will comply with those laws, In addition :to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a. condition ofrecciving federal :financial assistance, For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and oilier D0.1 awards, see httpsDojp.govjfunding/ExploreiLegalOverview/Ci v RightsR.equirements.hrm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria, These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal -opportunity standards. 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 criniinal justice system, there are two additional obligations that may apply in connection with the awards: (I) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR, For additional information regarding the ESOP requirement,. see 28 CFR Part 42, subpart E, and for additional information regarding requirements :when there is an adverse finding, see 28. C.F.R. § 42.204(c), .205(c)(5). Please submit information about any adverse finding to: the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know, Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance Grant PAGE I OF 22 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City or Miami. 44-1 S.W. 2nd As e 5rh Floor - Grains Adminiserttioo' Miami, FL 33130-1910 4. AWARD NUMBER: 2020-DG-IIX-0011. S, PROJECT PERIOD: FROM 10/01r2020 TO 09/30/2023 BUDGET PERIOD: FROM I0/01/2020 TO 09/30(2023 6. AWARD DATE 7. ACTION Initial 2a,. 596000407 /b. 072220791 GRANTEE IRS/VENDOR NO. 8. SUPPLEMENT NUMBER 00 .. ....--- GRANTEE. DUNS NO. ...........-.__..............-.. 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE Miami GGIC Expansion Project 10. AMOUNT OF TFIIS AWARD S 653,762 I I. TOTAL AWARD 3 653,762 12. SPECIAL CONDITIONS T1IE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY This 14. 16.738 AUTHORITY FOR GRANT project is supported under FY20(BJA - JAG 5% carve -out) 34 USC 10157(b) CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) - Edward Byrne Memorial. Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE; 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Katharine. T. Sullivan. Principal Deputy Assistant Attorney General 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Francis Suarez Mayor 17. SIGNATURE OF APPROVING OFFICIAL 19, SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL, 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DO 80 00 00 653762 21. V DGUGT2269 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE, OJP FORM 4000/2 (REV. 4-88) Department ofJustice (Dal) Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2020-DG-BX-0011. AWARD DATE PAGE 2 OF 22 SP ECIA L CONDITIONS I . .Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award arc material requirements of the award, Compliance with any assurances or certifications submitted by or on behalf of the recipient that relateto conduct during the period of perfomiance also is a material requirement of this award.. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("D0j") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award, Any ;such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of.Justice Programs ("OJP") wcbpage entitled. "Legal Notices; Special circumstances as to particular award conditions" (ojp.gov/funding/ExplorelLeatilNotices-AwardReqtsltm), and incorporated by reference .into the award. By signing. and accepting this award on 'behalf of the recipient, the authorized recipient official accepts al] 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 perfoonance. Failure ID comply .with one or more award requirements - whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipientand the award. Among other things, the OJP may withhold award fimds, disallow costs, or suspend or terminate the award. Dal, including 01P, also may take other legal. action as appropriate. Any materially false, :fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission ofa material fact) may be the subject of criminal prosecution (includinit under 18 U.S.C. 1001 andlor 1621, rindlor 34. U.S.C., 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for fake claims or otherwise (including under 3) U.S.C, 3729-3730 and 3801-3812), Should any provision ofa requirement of this award be held to be invalid or unenforceable by its terms, .that provision shall .first be applied with a limited construction so as to give it the maximum effect permitted by. law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. OJP FORM 4000/2 (REV. 4-88) ' Awriev, Department of Justice (DOJ) Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PROJECT NUMBER 2020-DO-t3X-001 1 AWARD DATE Grant PAGE 3 OF 22 3, 4. SPECIAL CONDITIONS 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 CFR. Part 2800 (together, the "Part 200 Uniform Requirements") apply io this FY 2020 award from OJP. The Part 200 Unifortn Requirements were first adopted by DOJ on December 26, 2.014. If this FY 2020 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or 'before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2020 award. For more information and resources on the Part 200 Uniform Requirements as they relate. to OJP awards and subawards ("subgrants"), see the OJP website at Intps://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subreeipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years froni the date of submission attic final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200,333. In the event: that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient i.s to conmct OJP promptly for clarification. 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 wehsite (currently, the "Dal Grants Financial. (iuide" available at https://ojp.govainancialguide/D0J/index.htm), including any updated version that may he posted. during the period of performance. The recipient agrees to comply with .the D0.1 Grants Financial Guide. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2917, various statutory provisions previously codified elsewhere in the U.S. Code were editorially. reclassified (that isonoved and renumbered) to a new Title 34, entitled. "Crime Control and Law Enforcement." The reclassification. encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the -U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references .set out in .material incorporated by reference through award conditions, and references set. out in other award requirements. 010 FORM 4000/2 (REV. 4-82) Department of Justice (DO)) Office olJustiee Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2020-D0-6x-001 1 AWARD DATE SPECIAL CONDITION'S 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 Inust have successfullycompleted an "OJP financial management and grant administration training" by 120 calendar days after --(1) the date of OJP's approval of Ole "Ch.ange Grantee Contact" GAN (in the case of a new POC), or (2) .the date the POC enters infotmation. OD 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 OW !millings that OJP will consider "OJP 'financial management and grant administration training" for purposes of this condition is available at Imps://www.ojp.gov/traininiz/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related .to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform .Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200,4[4(0, and that elecls to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 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 during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or ue to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. if so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to elitninate any inappropriate duplication of funding. OJP FORM 4000/2 (REV. 4-18) Department ofJustice (DOJ) Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 21)20-DG-BX-0011 AWARD DATE PAC1E 5 OF 22 SPECIAL CONDITIONS 8. Requirements related to .System for Award Management and Universal identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.govf. 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 subreciptents (first -tier "subgra.n)ees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) theunique entity identifier required for SAM registration. The .details of the recipient'sobligations related to SAM and to unique entity identifiers are posted on the OJP web site itt haps://ojp.govifunding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award .to an individual who received the award as a natural person unrelated to any business or non-profit organization that he or she may own or operate in his or her name). OJP FORM 4(1) 0.,7 (REV. 4-88) Department ofJustice (DOJ) Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET Grant ER 2620-DG-BX-00t t AWARD DATE SPECIAL CONDITIONS 9. Employment eligibility verilcation for hiring under the award 1. The recipient (and any subrecipient at any tier) must -- PAGE 6 OF 22. 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 pan) 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)( I) 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 -- (I) 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, mtrkc it unlawful, in the United States, t.o 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. L324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions desiyrned to ensure compliance with this condition. A. Staff involved in the hiring process For purposes of this condition, persons "who are or will he 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 luring process with respect to a position that is or will be funded (in whole or in party with award funds. B. Employment eligibility confirmation with E-Verify Por purposes tat -satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.c-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 a "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 OJF FORM 4000f2 (REV. 4-88) 31(deiri' Department ofitistice (DOJ) Office olJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PROJECT NUMBER 2020-DO-BX-001 I AWARD DATE Grant PAGE 7 OF 22 SPECIAL CONDITIONS any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https:;',/www.e-verify.govi) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can emai Verify at .E-VerifyEmployerAgentriltdhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award ticceptance, 10. Requirement to report actual or innninent breach of personally identifiable information (P11) The recipient (and any "subrecipient' at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB N1-17- [2) if it (or a subrecipient) — (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (P11)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130), The recipient's breach procedures most include a requirementto report actual or imminent breach of P11 to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, o.r the detection of an imminent breach. 11. All subawards ('subgrants") must have specific: federal authorization The recipient:, and any subrecipient ("s:ubgrantec") at any tier, must comply with all applicable requirements for authorization of any subaward, This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and :therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at hups://Mp..govifunding/Explore/SubawardAutherization.htm (Award condition, All subawards ("subgrants") musthave 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 OJP award are posted on the OJP web site at https://oip.gov/funding/Explore/NoncompetitiveProcurementlatin (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract. (if contract would exceed $250,000)), and arc incorporated by reference here. OiP FORM 4000/2 (REV. 4-88) Department ofiustice (1)0.1) Office offustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 8 OF 22 PROJECT NUMBER 2020-Da-BX-001 1 AWARD DATE SPECIAL CONDITIONS 13. Unreasonable restrictions, on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is :funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be .among those included in any subaward (at any tier), I. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so: as to ensure that Federal funding is expended and associated programs :are :implemented in full accordance with U.S. statutory and public policy requirements") and 200.3,19(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing ,full and open competition" and forbidding practices "restrictive of competition," such as "lpllacing unreasonable requirements on firms in, order for them to qualify to do business" and taking "Ialny arbitrary action in the procurement process') -- no recipient (or subrecipient, at any tier) niay (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 thc 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. 200,31 9(a) or as specifically authorized by USDOI 2. Monitoring The recipient's monitoring iesponsibili tics include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed wader any other federal program, award funds rnay be, obligated for the reasonable, necessary, and allocable costs (daily) of actions designed to ensure: compliance with this condition. 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at. present) by or on behalf of the federal government -- 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 ot) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal :instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. OJP FORM 400012 (REV. 9-88) Department ofJestice (DOJ) Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 9 OF 22 PROJECT NUMBER 2020-DO-BX-001 1 AWARD DATE SPECIAL CONDITIONS 14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) Thc recipient, and any subrecipient ('subgrantee“) at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the, part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient, The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/Canding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: 'Prohibited conduct by :recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. I 5. 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 D03 funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be earned out 'under the award (whether by the recipient, or a subrecipient al any ticr) 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 0.1P web site at hnps://ojp.gov/fundinglExploreInteraet-Minors,htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 16. Compliance with applicable rules regarding approval, planning.. and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantce") at any tier, must comply with all applicable laws„ regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent D0j definition of conferences and the rules applicable to this award appears in the Dal Chants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "D03 Grants Financial Guide"). 17 , Requirement for data on performance and effectiveness under the award The recipient must collect and:maintain data that measure the performance and effectiveness of work under this award, The data must he provided to OJP in the manner (including within the, time frames) 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 with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.govifunding/Implement,TrainingPrinciplesForGrantees-Subgranteesimn. OW FORM 400n (REV. 4-88) Department of Justice (DOJ) Office orJustiee Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2020-DG-BX-0011 AWARD DATE SPECIAL CONDITIONS 19. Effect of failure to address audit issues PAGE, 10 OF 22 The recipient understands and agrees that the DOJ awarding agency (OJP or OV W, as appropriate) may withhold award funds, or may .impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the tenns of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 20. .Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "hi ah- risk" for purposes of the DOJ high -risk grantee list. 21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgranrce") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of28 C.F.R, Part 42 that relate to an equal employment opportunity program. 22. Compliance with DOJ retaliations pertaining to civil rights and nondiscrimination - 28 C,F,R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 23. Compliance with DOJ regulations pertaining .to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantec") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may he applicable from titre to time), specificallyincluding any .applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. ()intently, 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 tohold a religious belief, or refusal to attend ar participate in. a religious practice. Part 38, currently, also sets out roles kind requirements that pertain to recipient and subrecipient ("subgranteel 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 of28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at hups://www,ecfrgov/cgi,binfEC.FR?pagc—browse), by browsing to Title 28-.1udicial Administration, Chapter 1, Part 38, under e-CFR "current." data. OJP FORM 4000.'2 (REV. 4-88) Department ofJustice (DOI) Office of -Justice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2020-DG43X-001 1 AWARD DATE 1'AGE 11 OF 22 SPECIAL CONDITIONS 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 opposc 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, subgran.t. contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352.. Certain exceptions to this law apply,. including an exception that applies to Indian. tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval ofOJP. 25. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2020) The recipient, and any subrecipient ("subgrantee") at any tier, mustcomply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out i.n applicable appropriations acts are indicated al hups://ojp.govifunding/Explore/FY20AppropriationsRestrictionsktm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the :recipient is to contact OJP for guidance, and may not proceed without 'the express prior written approval of OJP. 26, Reporting potential fraud, waste, and abuse, and similar misconduct' The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award— (1.) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct, Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should he reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oigjustice.gov/hotline/contaet-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department ofJustice, Office of the Inspector General, Investigations Division, ATTN: Grantee, Reporting, 950 .Penusytvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ O1G Investigations Division (Attn: Grantee Reporting) at (202) .616-988 t (fax). Additional information is available from the DOJ OIG website at hups://oig,justice.govlhotline. OW FORM 4001E2 (REV. 4-88) Department of Justice (D01) Office of Justice Programs Bureau .of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2020-DG-BX-00 I 1 AWARD DATE PAGE 12 OF 22 SPECIAL CONDITIONS 27. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient (s:ubgrantee") under this award, or entity thatreceives a procurement contract or subcontract with any funds under this award, may require any employ:ec or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts:, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 31.2 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other :form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to executc. agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting .of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both'' a. it represents that -- (I) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict for 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 oLh2rwise 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 for purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will :immediately stop any further obligations of award funds :toor by that entity, will provide prompt written notification to the federal agency inaking this award, and will resume (or permit resumption of) such obligations only :if expressly authorized to do so by that agency. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOD) Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT p ttdviRER 20214DG-I3X-0011 AWARD DATE SPECIAL CONDITIONS 1'AGE 13 OF 22 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 fiends, an abuse of authority relating to a federal grant, a substantial and specific danger to public Health or safety, or a violation of law, rule, or regulation related to a federal 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. 471.2. Should a question arise as to the applicability of the provisions of4l U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 29. Encouragement of policies to ban text messaging while driving. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving„" 74 Fed, Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to. decrease crashes caused by dish -acted 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 entail at OJP.C.ornplianceReportir1g ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance„ or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 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 (mime, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency, 31 FFATA. reporting: Suhawards and ex !live 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 httpa.//ojp.gov/funding/Ex.plore/FFATA.htnt (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000„ or (2) an award made to ati 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), OJP FORM 4000/2 (tV.4 6B) Department of justice (D0j) Office of justice Programs Bureau of justice Assistance PROJECT NUMBER 2020-DU-BX-00 I 1 AWARD CONTINUATION SHEET Grant AWARD DATE PAGE 14 OF 22 SPECIAL CONDITIONS 32. The recipient agrees to submit to BJA for .review and approval any curricula, training materials, proposed publications, reports, or any other written materials that will be published, 'including web -based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted. dissemination date. Any written, visual, or audio publications, with the exception ofpress releases, whether published at the grantee's or government's expense, shall contain the following statements: "This project was supported by Grant No. 2020-DG-BX-0011 awarded by the Bureau ofJustice Assistance. The Bureau of Justice Assistance is a component ofthe Department of Justice's Office of Justice Programs, which also includes the Bureau ofJustice Statistics,. the National institute of Justice, the Office of juvenile Justice. and Delinquency .Prevention, the Office for Victims of Crime, and the SMART Office, Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department oflustice," The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. 33. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 34. Procurement policies The recipient agrees to submit a copy of its procurement policies and procedures to the OJP program office. The recipient may not obligate, expend, or draw clown funds under this award until the 0:IP program office has received, and OJP has reviewed and approved, the procurement policies and procedures, and a Grant Adjustment Notice has been issued to remove this special condition, 35. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of 5650 per day. A detailed justification must be .submitted to and approved by the OJP prognun office prior to obligation or expenditure of such funds, 36. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award .recipient at a rate that exceeds 1 I 0",,ti of the maximum annual salary payable to a member of the federal government's Senior Executive Service {SES) at an agency with a Certified SES Perfonnance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable 'under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 37. Verification and updating of recipient contact information The recipient inust verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. Jfany information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. OJP FORM 4000/2 (REV, 4-88) Department ofJustice (DOJ) Office offustice Programs Bureau of justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2020-DG-BX-001 1 AWARD DATE PAGE 15 OF 22 SPECIAL CONDITIONS 38. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e,, pages (exclusive of documents) whose primary purpose is to navigate the user .to interior content), and on any pages from which a visitor may access or use a Web -based service, including any pages that provide results or outputs from the service: "This Web site is funded [insert "in part," if applicable] through a grant from the [insert name of OJP component], Office ofJustice Programs, U.S. Department ofJustice. Neither the U.S. Department of Justice nor any of Is components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a ]ink, entitled "Notice of Federal funding and Federal Disclaimer," to the full text of the statement. 39. 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, includinn requests related to desk reviews andlor 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 0.1P for providing the requested documents, Failure to cooperate..with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdinns and,/or other restrictions on the recipient's access to award funds; referral to the D0.1 OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s), 40. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all. confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 41. The award recipient agrees to participatein a data collection process measuring program outputs and outcomes, The data elements for this process will be outlined by the Office of Justice Programs. 42. 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, ifappropriate, and subject informed consent, 43. Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination .includes discrimination on the basis of limited English proficiency {LFP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs...Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov. OJP FORM 4000/2 (REV, 4-88) Department of Justice (DOJ) Office offustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PROJECT NUMBER 2020-DG-IX-00I I AWARD DATE SPEC L CONDITIONS 44, Copyright; Data rights Grant PAGE 16 OF 22 'fhe recipient acknowledges that 0/P reserves, a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (I) any work subject to copyright developed under an award or subaward (at any tier); and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership with. Federal support. The recipient acknowledges that OJP has the right to (l) obtain, reproduce, publish, or otherwise use the data first produced under any such award or subaward: and (2) authorize others .to .receive, reproduce, publish, or otherwise use such data for Federal purposes, "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision. 52.22.7- Id (Rights in Data - General), It is the responsibility of the recipient (and of each subrecipient (at any tier), if applicable) to ensure that the provisions of this condition are included in any subaward (at any tier) under this award. The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor .refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of thc OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 45. The recipient is authorized to obligate, expend, or draw down funds in an amount not to exceed 35% of this award for the sole purpose of partaking in a 6-month planning period in collaboration with BJA and ATF. The purpose of this planning period is lo convene relevant stakeholders to develop a project action plan, implement policy development, and train staff and stakeholders as appropriate. During this 6-month period, WA will release 35 percent of funds to assist with planning. The remaining. funds will be released upon successful completion of a project action plan. The recipient is not authorized to incur any additional obligations, make any additional expenditures, or draw down any additional funds until BJA has issued a Grant Adjustment Notice (GAN) removing this condition. 46. .Recipient integrity and performance matters: Requirement .to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, 'TANIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federai designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at lattps://ojp.govlfundingTAP11S.hun (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to .FAPIIS), and are incorporated by reference here. 47. The recipient may not obligate, expend or draw down funds until the Office of the Chief Financial Officer (0CF0) has approved the budget and budget narrative ancl a Grant Adjustment Notice (GAN) has been issued to remove this special condition. 01P FORM 4000/2 (REV 4-88) Department ofJustice (DOJ) Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PROJECT NUMBER 2020-DG-BX-00 I I AWARD DATE Grant PAGE 17 OF 22 SPECIAL CONDITIONS 48. Recipient may not obligate. expend or drawdown funds until the Bureau of Justice Assistance, Office ofJustice Programs has received and approved the required application attachment(s) and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 49. Authority to obligate award funds contingent on no use of funds to interfere with federal law- enforcement: information -communication restrictions; unallowable costs; notification -Ef 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 restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if-- at the time it incurs such costs -- the program or activity of the recipient (ar of any subreeipient„ at any tier, described in paragraph 1 ,A of this condition) that would be reimbursed in whole or in part with award funds wassubject 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 °flier) described in paragraph 1.A of this condition, is in compliance with th.c 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) tithe 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 1 .A of this condition, may be subject to any information -communication restriction. In addition, any subaward. (at any tier) to a subrecipient described in paragraph I .A of this condition must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an :informallon-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 ofthe subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information -communication restriction. 3, Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time ()Fa stibrecipienes 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 "No use of funds to interfere ..„ information-conununication restrictions; ongoing compliance" award condition. 4. Rules of Colistrtiction A. For purposes of this condition "information -communication restriction" has the meaning set out in the "No use of funds to interfere information -communication resnietions; ongoing compliance" condition. B, Both the "Rules of Construction°' and the "Important Note" set out in the "No use of funds to interfere .„ information -communication restrictions; ongoing compliance' condition are incorporated by reference as though set forth here in full. 01P FORM 4000/2 (REV. 4-88) Department ofhistice (DO)) Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2.020-DG-BX-001 L AWARD DATE SPECIA I CONDITION'S PAGE 18 OF 22 50. Authority to obligate award funds contingent on 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 government, or a public institution of higher education) that is funded wholly or partly with award funds is subject to any "information -communication restriction;" 13. Also, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- al the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier, described in par. 1.A of this condition) that would be reimbursed .wholly or partly with. award funds was subject to any .inforination-communication restriction. C. Any drawdown ofaward funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to 0.1P 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 OW (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 1,A of this condition must require prompt notification to the entity that made the subaward, should the subrccipient have such credible evidence regarding an inforniation-communication restriction. 2. Any subaward (at any tier) to a subrecipient described in par. 1.A of this condition must provide thatthe subrecipient may not obligate award funds if, at the nine 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- eorrumunication 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 lime of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award fiords that, under this condition, may not be made shall he unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence. submitted by the recipient that demonstrates diligent monitoring of subrecipicnt compliance with the requirements set out in the "Noninterference ... information - communication restrictions; ongoing compliance" award condition. 4. Rules of C'onsuuction 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 "Noninteifcrence information - communication restrictions; ongoing compliance" condition are incorporated by reference as though set Milli here in all, FORM 4000'2 (REV. 4-88) Department ofJustice (D01) Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 7020-DG-BX-0011 AWARD DATE PAGE 19 OF 22 SPECIAL COND177ONS 51. No use of funds to interfere with federal law enforcement: inforrnaLion-conirnunicaiionrestrictions; ongoing compliance 1. Throughout the period of performance, no State or local 20VC111111eRC entity, -agency, or -official may use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (I) 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 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, necessruy, 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 ofConstruction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof (including any public institution ofhigher 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 pan) by a State or local government. (Such a public institution is considered to be a "governmententity," and Siiofficials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C, 1644; and terms that are defined in 8 U.S.C. 1101 Mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) "DHS" means the U.S. Department of Homeland Security. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of 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) Department ofJustice (DOJ) Office ofJustice Programs Bureau ofJustice Assistan AWARD CONTINUATION SHEET PROJECT NUMBER 2020- DG-BX-00 I I AWARD DATE Grant PAGE 20 OF 22, SPECIAL CONDITIONS 52. 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 o.r -agency from sending, requesting or receiving, or exchanging information regarding inunigration status tolfroin/with DHS„ or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "in formation- communica non restriction' under this award, 2. The recipient's monitoring responsibilities include monitoring of subrecipientcompliance 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 officia(s.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it means under 8 1373 and 8 U.S.C, 1644; and terms that are defined in 8 U.S.C. 1101 Mean what they .mean under that section 1101„ except that "State" also includes American Samoa, (5) "DHS" means the U.S. Department of Homeland Security. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipicnt 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 1/leaning or scope of this condition should be directed to 0 "P. before award acceptance. 015 FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office ofJusticc Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 21 OF 22 Grant PROJECT NUMBER 2020-DG-13X-00 I I AWARD DATE SPECIAL CONDITIONS 53. No use of funds to interfere with federal law enforcement: No public disclosure of certain law -enforcement -sensitive information SCOPE. This condition applies as of the dale the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier), I. No use of funds to interfere: No public disclosure of federal law -enforcement information in order to conceal, harbor, or shield Consistent .with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 V.S.C. 1324 and 18 U.S.C. chs, 1, 49, 227), no funds under this award may be used toinake 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. eh. 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 tvhether such disclosure would constitute (or could form a predicate for) a violation of 1.8 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 'Fathe 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 ensurecompliance with this condition. 4. Rules of construction A. For purposes of this condition-- (1) the term "alien" means what it means under section !ft 1 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 119101111a11011 communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enthreement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of plannedimminent, commencinn, continuing, or impending federal law enforcement activity; (3) the term "law -enforcement -sensitive information" means records or inforniation compiler] or any law - enforcement purpose; and (4) the term "public dis-closure" 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: information -communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full, OJP FORM 4001)/2 (REV. 4-88) Department of Justice (DOJ) Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2020-DG-BX-00 H AWARD DATE PACE 22 OF 22 SPECIAL CONDITIONS 54. 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 respectto the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference: No public disclosure of federal law -enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law entbrcement statutes and federal criminal law (including 8 U.S.C. 1.324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law -enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could :film 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 bc 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 Lein "alien" Means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1 t01(a)(3)); (2) the teen "federal law -enforcement information" means law -enforcement -sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing. continuing, or impending federal law enforcement activity; (3) the term "law -enforcement -sensitive information" means records or nfonnation compiled for any law - enforcement purpose; and (4) the term "public disclosure" means any corranunication or release other than one-- (a) within .the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the 'Noninterference (within the funded 'program or activity') with federal law enforcement: information -communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full. OW FORM 4000/2 (REV. 4-88) Edward Byrne Memorial Justice Assistance Grant (JAG) Program BJA FY 20 Crime Gun Intelligence Centers CITY OF MIAMI, a Florida Municipal Corporation By: Date: Arthur Noriega V, City Manager Attest: By: Date: Todd B. Hannon, City Clerk Approved as to Form and Correctness: By: Date: Victoria Mendez, City Attorney Approved as to Insurance Requirements: By: Date: Ann -Marie Sharpe, Director of Risk Management