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HomeMy WebLinkAboutExhibitU.S. Department of Justice Office of Justice Programs Office of the Assistant Attorney General Wushinglon, D.C. 20531 June 26, 2018 Mr. Daniel J. Alfonso City of Miami 3500 Pan American Drive Miami, FL 33133-5504 Dear Mr. Alfonso: On behalf of Attomey General Jefferson Sessions Ill, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $336,717 for City of Miami. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution ofalI interim audit findings, and the maintenance ofa. minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Tamaro T. White, Program Manager at (202) 353-3503; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.oefo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely,. OL100 R wlk�� Alan R. Hanson Principal Deputy Assistant Attorney General Enclosures OFFICE FOR CIVIL RIGHTS { Office of Justice Programs U.S. Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR@a usdoj.gov Website: www.ojp.usdoj.gov/ocr June 26, 2018 Mr. Daniel. J_ Alfonso City of Miami 3500 Pan American Drive Miami, FL 33133-5504 Dear Mr. Alfonso: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ finding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1999 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some Frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at http:l/ojp.gov/aboutiocr/vawafags.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service papulation and that their employment practices meet equal opportunity standards. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website http://www•lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The DOJ regulation, Equal Treatment for Faith -Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAB) to treat faith -based organizations the same as any other applicant or recipient. The regulation prohibits SAAB from making awards or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the DOJ to fund inherently (or explicitly) religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must hold them separately from the program funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please seethe OCR's website at http:l/www.ojp.usdoj.gov/aboutlocr/equal_fbo.htm. SAAB and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § 10604(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub. L. No. 1134, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified at 42 U.S.C. § 13925(b)(13)) contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at http://www.ojp.usdoj.gov//aboutlacr/pdfs/LJseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an ESOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). Meeting the EEOP Requirement If your organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form, which is available online at littp://www.ojp.usdoj.gov/aboutiocr/Pdfs/cert.pdf. If your organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review. Instead, your organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to the OCR, The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition, your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf To comply with the EEOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 307-0690, by TTY at (202) 307-2027, or by e-mail at EEOsubmisson@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subreeipients SAAB must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Mcthods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see http://www.ojp.usdoj.gov/funding/other_requirements.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Sincerely, Michael L Alston Director cc: Grant Manager Financial Analyst U.S. Department of Justice Office of Justice Programs Bureau of Justice AssistanceGrant PAGE I OF 21 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2017 -DJ -BX -0788 Ciry of Miami 3500 Pan American Drive 5. PROJECT PERIOD: FROM 1010112016 TO 09/30/202O Miami, FL 33133-5504 BUDGET PERIOD: FROM 10/0112016 TO 09/30/2020 6. AWARD DATE 061262018 8. SUPPLEMENT NUMBER 7. ACTION Initial 2a. GRANTEE IRS/VENDOR NO. 596000407 00 - 2b. GRANTEE DUNS NO. 9. PREVIOUS AWARD AMOUNT $ 0 072220791 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 336,717 City of Miami Edward Byrne Memorial Justice Assistance Grant (JAG) 11. TOTAL AWARD $ 336,717 FY 2017 Local Solicitation 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY 17(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 42 U.S.C. 3711 - 3797ff-5), including subpart l ofpart E (codified at 42 U.S-C. 3750- 3758); see also 28 U.S.C. 530C(a). 14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Bymc !Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT CPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Alan R. Hanson Daniel J. Alfonso Principal Deputy Assistant Attorney General City Manager 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 2 L SDJUGTO946 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ so 00 00 336711 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 400012 (REV, 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION 3 Bureau of Justice Assistance SHEET PAGE 2 OF 21 Grant PROJECT NUMBER 2017 -DJ -13X-0788 AWARD DATE 06126/2018 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 certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Office of Justice Programs ("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. The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 42 U.S.C. 3795a), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 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 2017 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2017 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 2017 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ujp.gov/funding/Part20OUniforrnRequirements.htm. 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 The recipient agrees to comply with the DOJ Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide" available at https:Hojp,gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. OJP FORM 4000(2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 3 OF 21 Grant PROJECT NUMBER 2017 -DJ -13X-0788 AWARD DATE 0612612018 SPECIAL CONDITIONS 4. Required training for Point of Contact and a[] 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 1.20 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2015, 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, 2015, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at httpsa/www.ojp.govYtraining/fints.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 [cad OJP to impose additional appropriate conditions on this award. 5. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de 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. 6. 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 are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify tite DOJ awarding agency (OJP or OVW, as appropriate) in writing of The potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 of 21 Grant PROJECT NUMBER 2017 -DJ -BX -0788 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 7. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam,gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/fundingfExplore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 8. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 9. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, S 150,000). 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://ojp.gov/funding/Explore/NoncompetitiveProcurement.him (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. OJP FORM 4000/2 (REV. 4.89) U.S. Department of Justice Office of Jusrice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 of 21 Grant PROJECPNUMBER 2017 -D1 -BX -0788 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 10. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at htips://ojp.gov/funding/ExplorelProbibitedCondLict-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. 11. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide"). 12. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by 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. 13. 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 5ubgrantees, available at https://ojp.gov/fundingiojptraiiiingguidingprinciples.him. 14. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 15. 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 OV W, 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. OJP FORM 400012 (REV, 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION s Bureau of Justice Assistance SHEET PAGE 6 OF 21 Grant PROJECT NUMBER 2017 -DJ -BX -0788 AWARD DATE 06/2&2018 SPECIAL CONDITIONS 16. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements 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. 17. 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, musk 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." 18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F-R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R., a DOJ regulation, was amended effective May 4, 2016. 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 refttsal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at hutps://www.ecfr.gov/cgi- binIECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -CFR "current" data. 19. 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 OR 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. OJP FORM 400012 (R -EV, 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 7 of 21 Grant PROJECT NUMBER 2017 -DJ -13X-0788 AWARD DATE 06!26/2018 f;Y�x�lfhrJ�KI]irlJ1]yiYJ:Ui�ity 20. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2017) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2017, are set out at https:I/ojp.gov/funding/Explore/FY 17AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 21. 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 be reported to the OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; (2) e-mail to: oig.hotline tt usdoj.gov; and/or (3) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax)_ Additional information is available from the DOJ OIG website at https://www.usdoj.gov/oig. OJP FORM 400012 (Rev. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 8 OF 21 4 Grant PROTECT NUMBER 2017 -DJ -BX -0788 AWARD DATE 46!26/018 SPECIAL CONDITIONS 22. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, Gaud, 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 3 12 (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 teams or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption oo such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a, it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("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 on such obligations only if expressly authorized to do so by that agency. OJP FORM 400012 (REV. 4.88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 9 of 21 Grant PROJECTNUMBER 2017 -DJ -BX -4788 AWARD DATE 05!2612018 SPECIAL CONDITIONS 23. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subreeipient 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 OV W, as appropriate) for guidance. 24. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg, 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 25. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 26. 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 h4s://ojp.gov/ftmding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (I) 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). OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE to OF 21 x, Grant PROJECT N NIBER 2017 -DJ -BX -0788 AWARD DATE 06/2W20 18 SPECIAL CONDITIONS 27. Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 28. Justice Information Sharing In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, the recipient (and any subreeipient at any tier) must comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular award. The recipient shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: littps:Hit.ojp.gov/gsp_gontcondition. The recipient shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 29. 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 between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 30. Compliance with 28 C.F-R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subreeipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). The recipient may not satisfy such a fine with federal funds. 31. Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of28 C.F.R. Part 45 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, 32. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 42 U.S.C. 37898 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. OJP FORM 400012 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE t i OF 21 Grant PROJECT NUMBER 2017 -DJ -BX -0788 AWARD DATE 06126i2018 SPECIAL CONDITIONS 33. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 344. Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (intemet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force perfonnance 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 13JA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 35. Required attendance at BJA-sponsored events The recipient (and its subrecipients at any tier) must participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request. 36. 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 400012 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 12 of 21 Grant PROJECT NUMBER 2017 -DJ -BX -0788 AWARD DATE 06/2612018 SPECIAL CONDITIONS 37. Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are. a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; C. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation ofa. program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https:/1bja.gov/Ftinding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 38. 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. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION w Bureau of Justice Assistance SHEET PAGE to OF 21 Grant PROJECT NUMBER 2017 -DJ -BX -0788 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 39. Prohibition on use of award funds for match under BVP program JAG funds may be used to purchase vests for an agency, but they may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 40. Certification of body armor "mandatory wear" policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic -resistant and stab - resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty, 41, Body armor - compliance with NIJ standards Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https:/Inij.gov/). In addition, ballistic -resistant and stab -resistant body armor purchased must be American-made. The latest NIJ standard information can be found here: https://nij.gov/topics/technotogy/body- armor/pages/safety-initiative,aspx. 42. Required monitoring of subawards The recipient must monitor subawards under this JAG award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 43. Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF -425) and semi-annual performance reports through OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 44. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 14 OF 21 "P Grant PROJECT NUMBER 2017-DJ-Bx-0788 AWARD DATE 46/2612018 SPECIAL CONDITIONS 45. Prohibited Expenditures List Award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure List may be accessed here: htips://www.bja.gov/funding/JAGControlledPurchaseList.pdf 46. Controlled expenditures - prior written approval required Award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA. The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions are set out at https--//www.bja.gov/fundinWJAGControlledPurchaseList.pdf 4T Controlled expenditures - incident reporting If an agency uses award funds to purchase or acquire any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, the agency must collect and retain (for at least 3 years) certain information about the use of-- (1) any federally -acquired Controlled Equipment in the agency's inventory, and (2) any other controlled equipment in the same category as the federally -acquired controlled equipment in the agency's inventory, regardless of source, and the agency must make that information available to BJA upon request. Details about what information must be collected and retained are set out at https:l/ojp,gov/docs/LE- Equipment- W G-Final-Report.pdf. 48. Sale of items on Controlled Expenditure List Notwithstanding the provision of the Part 204 Uniform Requirements set out at 2 C.F.R. 200.313, no equipment listed on the Controlled Expenditure List that is purchased with award funds may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will be required to submit information and certifications to BJA as if it were requesting approval to use award funds for the initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non -LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement -related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. The recipient must notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased with award funds, and must abide by any applicable laws (including regulations) in such disposal. 49. Prohibited or controlled expenditures - Effect of failure to comply Failure to comply with an award condition related to prohibited or controlled expenditures may result in denial of any further approvals of controlled expenditures under this or other federal awards. OJP FORM 400012 (REV. 4-88) U,S. Department of Justice Office of Justice Programs AWARD CONTINUATION '$ Bureau of Justice Assistance SHEET PAGE a or zi Grant PROJECT NUMBER 2017 -DJ -BX -0788 AWARDDATE 06/26/2018 WOMMA1500320MMOW1.1 50. Controlled expenditures - Standards Consistent with recommendation 2.1 of Executive Order 13688, a law enforcement agency that acquires controlled equipment with award funds must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on (a) Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice Considerations, Upon OJP's request, the recipient must provide a copy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols. 51. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2016 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, 2016), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OR (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and OR removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 52. "Certification of Compliance with 8 U.S.C. 1373" required for valid award acceptance by a unit of local govermnent In order validly to accept this award, the applicant local government must submit the required "Certification of Compliance with 8 U.S.C. 1373" (executed by the chief legal officer of the local government). Unless that executed certification either-- (1) is submitted to OJP together with the ftdly-executed award document, or (2) is uploaded in OJP's GMS no later than the day the signed award document is submitted to OJP, any submission by a unit of local government that purports to accept the award is invalid. If an initial award -acceptance submission by the recipient is invalid, once the unit of local government does submit the necessary certification regarding 8 U.S.C. 1373, it may submit a fully -executed award document executed by the unit of local government on or after the date of that certification. For purposes of this condition, "local government" does not include any Indian tribes. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 16 OF 21 Grant PROJECT NUMBER 2011 -DJ -BX -0788 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 53. Ongoing compliance with 8 U.S.C. 1373 is required 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 for the award, no State or local government entity, -agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(x); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in 8 U.S.C. 1373(6). For purposes of this award, any prohibition (or restriction) that violates this condition is an "information -communication restriction." 2. Certifications from subrecipients. The recipient may not make a subaward to a State or local government or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373, properly executed by the chief legal officer of the jurisdiction or institution that would receive the subaward, using the appropriate form available at https://ojp-gov/fundingfExplore/SampleCertifications-8USC1373.htm. Similarly, the recipient must require that no subrecipient (at any tier) may make a further subaward to a State or local government or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373, properly executed by the chief legal officer of the jurisdiction or institution that would receive the further subaward, using the appropriate OJP form. 3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 4. Allowable costs. Compliance with these requirements is 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 (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State or local government or a "public" institution of higher education, incurs to implement this condition. 5. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher education or any Indian tribe. (2) A "public' institution of higher education is one that is owned, controlled, or directly funded by a State or local government. (3) "Program or activity" means what it means tinder title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 20o0d-4a). (4) "Immigration status" means what it means for purposes of 8 U.S.C. 1373 (Illegal Immigration Reform and Immigrant Responsibility Act of 1995); and temps that are defined in 8 U.S.C. t 101 (Immigration and Nationality Act) mean what they mean under that section l 10 t, except that the term "State" also shall include American Samoa (c€. 42 U.S.C. 901(a)(2)). (5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 are to be read as references to particular components of the Department of Homeland Security (DHS). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any "public" institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. OJP FORM 4000/2 (REV. 4.88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 17 OF 21 Grant PROJECT NUMBER 2017 -DJ -BX -0788 AWARD DATE 06126/2019 SPECIAL CONDITIONS IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 54. Authority to obligate award funds contingent on compliance with 8 U.S.C. 1373; unallowable costs; obligation to notify 1. If the recipient is a State or local government -- 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 either a State or unit of 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 (or of any subrecipient at any tier that is a either a State or unit of local government or a "public" institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any "information -communication restriction." C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and all subrecipients (regardless of tier) are in compliance with 8 U.S.C. 1373. 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 subrccipient at any tier that is either a State or a local government or a "public" institution of higher education, may be subject to any "information -communication restriction." In addition, any subaward (at any tier) to a subrecipient that is either a State or a local government or a "public" institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient such credible evidence regarding an "information -communication restriction." 2. Any subaward (at any tier) to a subrecipient that is either a State or a local government or a "public" institution of higher education 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 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 award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required." 4. Rules of Construction A. For purposes of this condition "information -communication restriction" has the meaning set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required." B. Both the "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full. OJP FORM 400012 (REV. 4-88) SPECIAL CONDITIONS 55. Required State -level riles or practices related to aliens; allowable costs The following provisions apply to the recipient of this award, if the recipient is a State government, and also apply to any State -government subrecipient at any tier (whether or not the recipient is a State government). I. Requirements With respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award -- A. A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given to access any State (or State -contracted) correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to inquire as to such individuals' right to be or remain in the United States. B. A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that, when a State (or State -contracted) correctional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility, then such facility will honor such request and -- as early as practicable (see para. 4.13. of this condition) -- provide the requested notice to DHS. 2. Monitoring 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 (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) of-- (1) developing and putting into place statutes, rules, regulations, policies, and practices to satisfy this condition, and (2) permitting access as described in para. I.A. above, and (3) honoring any request from DHS that is encompassed by para. 1.B. above. 4. Rules of construction A. For purposes of this condition -- (1) the tern "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 "correctional facility" means what it means under the Title I of the Omnibus Crime Control and Safe Streets Act of 1468 (see 42 U.S.C. 3791(a)(7)). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual would have been released in the absence of this condition. 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 1-247A (3/17)). In the event that (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 permit 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. OJP FORM 400012 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE is OF 21 r� Grant PROJECT NI MMER 2017 -DJ -BX -6788 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 55. Required State -level riles or practices related to aliens; allowable costs The following provisions apply to the recipient of this award, if the recipient is a State government, and also apply to any State -government subrecipient at any tier (whether or not the recipient is a State government). I. Requirements With respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award -- A. A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given to access any State (or State -contracted) correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to inquire as to such individuals' right to be or remain in the United States. B. A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that, when a State (or State -contracted) correctional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility, then such facility will honor such request and -- as early as practicable (see para. 4.13. of this condition) -- provide the requested notice to DHS. 2. Monitoring 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 (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) of-- (1) developing and putting into place statutes, rules, regulations, policies, and practices to satisfy this condition, and (2) permitting access as described in para. I.A. above, and (3) honoring any request from DHS that is encompassed by para. 1.B. above. 4. Rules of construction A. For purposes of this condition -- (1) the tern "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 "correctional facility" means what it means under the Title I of the Omnibus Crime Control and Safe Streets Act of 1468 (see 42 U.S.C. 3791(a)(7)). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual would have been released in the absence of this condition. 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 1-247A (3/17)). In the event that (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 permit 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. OJP FORM 400012 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 14 OF 21 Grant PROJECT NUMBER 2017 -DJ -BX -0788 AWARD DATE 06126/2018 SPECIAL CONDITIONS NOTE: Current DHS practice is to use one form (DHS Form 1-247A (3/17)) for two distinct purposes -- to request advance notice of scheduled release, and to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition imposes NO requirements as to such DHS requests for detention. C. Both the "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full. 56. Required local -government -level rules or practices related to aliens; allowable costs The following provisions apply to the recipient of this award, if the recipient is a unit of local government, and also apply to any local -government subrecipient of this award at any tier (whether or not the recipient itself is a unit of local government). 1. Requirements With respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award -- A. A local ordinance, -rule, -regulation, -policy, or -practice (or an applicable State statute, -rule, -regulation, - policy, or -practice) must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given access a local -government (or local -government -contracted) correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to inquire as to such individuals' right to be or remain in the United States. B. A local ordinance, -rule, -regulation, -policy, or -practice (or an applicable State statute, -rule, -regulation, - policy, or -practice) must be in place that is designed to ensure that, when a local -government (or local-govcmment- contracted) correctional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time fora particular alien in such facility, then such facility will honor such request and -- as early as practicable (see "Rules of Construction" incorporated by para. 4.131. of this condition) -- provide the requested notice to DHS. 2. Monitoring 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 (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) of-- (1) developing and putting into place statutes,. ordinances, rules, regulations, policies, and practices to satisfy this condition, (2) permitting access as described in para. LA. above, and (3) honoring any request from DHS that is encompassed by para. I.B. above. 4. Rules of construction A. The "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full. B. The "Rules of Construction" set out in the award condition entitled "Required State -level rules or practices related to aliens; allowable costs" are incorporated by reference as though set forth here in full. UP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 20 OF 21 Grant PROJECT NUMBER 2017 -DJ -BX -0788 AWARD DATE 06126J20 18 SPECIAL CONDITIONS 57. Use of funds for DNA testing; upload of DNA profiles If award finds 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 purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into COD1S. 58. 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 https://www.bja.gov/Login.aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at https://www.bja.gov/profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https:11ww�v.bja.gov/SuccessSturyList.aspx. 59. 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 this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 60. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2417, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of 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. 61. Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. OJP FORM 400012 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 21 OF 21 Grant PROJECT NUMBER 2017 -DJ -BX -0788 AWARD DATE 06/2.6/2018 SPECIAL CONDITIONS 62. Withholding of fiords: Budget narrative The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OR reviews and accepts, the budget narrative for the award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 01P FORM 4000/2 (REV. 4.88) U.S. Department of Justice, Office of Justice Programs Bureau of Justice Assistance FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program CITY OF MIAMI, a Florida Municipal Corporation Emilio T. Gonzdlez, City Manager Attest: go Todd B. Hannon, City Clerk Approved as to Form and Correctness: RZA Victoria Mendez, City Attorney Approved as to Insurance Requirements: M Ann -Marie Sharpe, Director of Risk Management Date: Date: Date: Date: U.S. Department of Justice Office of Justice Programs Bureau of Jusfce Asslslance Washington. D.C. 10531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Miami The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https:l/www.bja.gov/Funding/nepa.html. 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. Department Justice GRANT MANAGER'S MEMORANDUM, PT. I: ra " Office of Justicetice Programs PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER PAGE I OF 1 2017 -DJ -BX -0788 This project is supported under FY17(BJA -JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 42 U.S.C. 3711 - 3797ff-5), including subpart] of part E (codified at 42 U.S.C. 3750 - 3758); see also 28 U.S.C. 530C(a). 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Tamaro T. While Lillian Blonder (202) 353-3503 Director, Grants Administration 444 S.W. 2nd Avenue Miami, FL 33130-1910 (305)416-1536 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS O� 1 REVERSE) BJA FY 17 Edward Syme Memorial Justice Assistance Grant (JAG) Program -Local Solicitation 4. TITLE OF PROJECT City of Miami Edward Byme Memorial Justice Assistance Grant (JAG) FY 2017 Local Solicitation 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of Miami 3500 Pan American Drive Miami, FL 33133-5504 7. PROGRAM PERIOD K BUDGET PERIOD FROM: 10/01/1016 TO: 09/3012020 FROM: 10/01/2016 TO: 09/3012020 9. AMOUNT OF AWARD 10. DATE OF AWARD $336,717 06/26/2018 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (Sae instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of criminal justice related activities based on their own state and local needs and conditions. Grant funds can be used for stale and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and coup programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than compensation); and 8) mental health programs and related law enforcement and corrections programs, including hehavioral programs and crisis intervention teams. This Local JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Any equipment purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc. will be aimed at reducing crime and/or enhancing OR FORM 400012 (REV. 4-98) publiclofficer safety. NCA/NCF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FY 2017 LOCAL SOLICITATION Program Narrative- Attachment II This proposal for $336,717, submitted by the City of Miami Police Department (MPD), supports the legislative intent and operational objectives of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2017 Local Solicitation. Funds provided by JAG will allow MPD to implement two projects following the guidelines of the following purpose area: • Planning, Evaluation, and Technology Improvement Programs Over the next four years, the City of Miami Police Department will be implementing two new projects that will enhance our operations: ➢ Ballistics Testing & Forensic Imaging Project ➢ Rapid DNA Analysis Pilot Program The City of Miami Police Department (MPD) will purchase an Automated Firearms Ballistics System (AFBS) with a one-year extended warranty, AFBS training for two (2) CSI II Supervisors, shipping & handling for AFBS and a Stereo Zoom Microscope. A Semi -Automated Optical Fingerprint System, along with shipping and handling, will also be purchased and include training for five (5) CSI II Supervisors. To further enhance operations, MPD will also allocate funds to purchase Rapid DNA Profiling Technology to implement onsite DNA analysis procedures for the first time at MPD. This project will expand and improve operations of MPD, enabling the Department to provide better services to the City of Miami residents and visitors. In order to accomplish this task, JAG funds will be utilized for necessary technological enhancements which will afford MPD with the data and analysis resources critical to the success of combatting crime, providing timely response and ensuring public safety. Statement of the Problem: A dense urban area of nearly 36 square miles, The City of Miami (the City) has a population of 453,579 and is the largest municipality in Miami -Dade County, the second-largest city in the state of Florida and the 441h most populous city in the U.S. It has a diverse population comprised of people from a multitude of places especially South America, Central. America and the Caribbean. Miami consists of a 69% Hispanic, 20% African-American/Black, and 11% White Non -Hispanic population. Miami has enjoyed a resurgence in its real estate market and has been growing as a metropolitan hub for business, arts and culture, but the reality is that 32.3% of Miami families with children under the age of 18 were living below the poverty level compared to 16.4% nationwide per the 2010 U.S. Census. In addition, 16.6% of households have an income below $10,000 versus 7.2% nationwide, 29.9% of Miami residents live in poverty. Studies show that there is a correlation between poverty and high crime rates littp://www.brookings.edu/research�repoils2/2016/03/31-concentrated-poverty-recession- kneebone-holmes. One of the challenges facing MPD is the high-level of gun -related crimes in Miami. Factors associated with high levels of gun violence are prevalent throughout pockets of the City, particularly in low-income neighborhoods, where the threat of firearms -related violence has become a part of the daily fabric. During 2014-16, the City of Miami Police Department (MPD) handled 3,377 incidents of firearms -related incidents, 141 instances resulting in homicide. In 2016, alone, MPD handled 462 gun -related cases. The testing of firearms and bullet casings are essential to analyzing evidentiary material that can give police a lead in an investigation or assist the prosecution to win a case. Currently, MPD sends all confiscated firearms to the Miami -Dade Police Department Crime Lab (County Lab)) for firing and testing. The County Lab provides ballistics testing and analysis for all 34 municipalities in Miami -Dade County, with MPD providing the heaviest workload. Between 2014-2017, MPD sent 864 firearms to the County Lab for testing. The turnaround time for the County Lab to complete ballistics testing and analysis averages between 60-90 days. Therefore, MPD is requesting funding to implement the Ballistics Testing & Forensic Imaging Project which will enable MPD to fire and test firearms, as well as run ballistics analysis, onsite, giving MPD the ability to complete ballistics testing and analysis in as little as 24-48 hours. This project will consist of an Automated Firearms Ballistics System (AFBS), with a one-year extended warranty, that will be used by Crime Scene Investigations (CSI) Unit to collect 2D and 3D images of the cartridge case evidence and upload digital images to the National Integrated Ballistic Network (NIBIN), a national database of digital images of spent bullets and cartridge cases that were found at crime scenes or test -fired from confiscated weapons; a Stereo Zoom Microscope for ballistics analysis; a Semi Automated Optical Fingerprint System (SAOFS) to recover fingerprints from bullet casings and other cylindrical objects; shipping and handling and training of CSI personnel for both the AFBS and SAOFS. Another challenge faced by MPD is the stretching of resources to meet the service demands of a growing population, spurred on by a wave of urbanization. Resources are further burdened as visitors and commuters increase the City's 453,579 population by approximately 40%. MPD is one of the largest police departments in the country with over 1,310 sworn officers. In 2016, Miami had 55 homicides, 90 sexual batteries, 1,443 robberies, 2,401 aggravated assaults, 2,643 burglaries, 14,335 larcenies and 1,996 motor vehicle thefts for a total of 22,963 Part I crimes. MPD is required to run DNA samples for all Type I Capital Crimes and light felonies. DNA evidence is a useful and neutral tool in the search far justice. Whether it helps convict or absolve individuals, DNA evidence plays an increasingly important role in solving crimes. At a 44% closure rate, Miami is below the national average of 61 %, in comparison to comparable Part I cities. Currently, the CSI Unit must send all DNA samples to the County Lab for analysis. This process can take up to 60 days, sometimes more. Each case can require multiple runs of DNA and the CSI Unit sends 600-700 samples to the County Lab in any given month. Therefore, MPD wants to implement the Rapid DNA Analysis Pilot Program to have the capability of conducting rapid DNA analysis within the CSI Unit. This new technology would enable MPD to process DNA samples within a 24-hour period, dramatically decreasing wait times. This project will require the purchase of Rapid DNA Profiling Technology using cutting edge software for full integrated data analysis. If awarded, the MPD must follow City of Miami guidelines for grant award approval and contract execution. Projects valuing greater than $25,000 must be approved by resolution by the City of Miami Board of Commissioners. Once the resolution is passed, MPD will go through the City's procurement process to purchase the equipment and technology described above. The Ballistics Testing & Forensic Imaging Project and Rapid DNA Analysis Pilot Program will be fully implemented within the allotted four year grant period. As root causes of crime continue to increase in our communities and resources are overextended as the City of Miami works to meet the demands of a rapidly growing population, it is imperative for MPD to supply its officers and personnel with the necessary technological and analytical tools necessary to effectively combat crime. Project Design and Implementation The CSI Unit is responsible for processing firearms found at the crime scene, photographing and documenting the evidence, including casing evidence. Casing evidence as identified by the MPD 4 Standard Operating Procedures for the Gun Squad Detail, are fired casings found on crime scenes. This is then turned into the Property and Evidence Unit, which must prepare all lab documentation before firearms and casing evidence can be sent to the Miami -Dade Police Department Crime Lab (County Lab) by a MPD courier. Casing evidence is then processed, analyzed and entered into NIBIN at the County Lab. This whole process can take anywhere from 60-40 days. Earlier in 2017, MPD was able to eliminate a 700 gun backlog by test -firing confiscated firearms on site. Casing evidence was then sent to County for analysis. This resulted in 40 hits being returned, giving MPD new leads on open and cold cases. This success shows the potential to improve current processes and the need for MPD to acquire the equipment and technology to test -fire guns and conduct ballistics analysis on site. To successfully transition to in house firearms testing and ballistics analysis, MPD will utilize JAG funds to purchase an Automated Firearms Ballistics System (AFBS) such as The BRASSTRAX Acquisition System, which can analyze ballistic evidence as quickly as 24-48 hours. The AFBS utilizes cutting-edge forensic technology to digitally capture the areas of interest from the head of a cartridge case in 2D and 3D, offering considerable impression detail and multiple viewing perspectives. Per policy, an extended one-year warranty will be purchased for the AFBS. With this acquisition, a MPD certified firearms instructor will test all firearms turned in by the CSI Unit or Detective at the crime scene. The AFBS will be managed by the CSI Unit, which will now have the ability to capture high-quality imaging evidence from bullet casings found in the crime scene. The images captured on the AFBS will then be sent to the County Lab for analysis and be processed within 24-48 hours. Once analysis is complete and all evidence is returned to the Property and Evidence Unit, MPD will enter evidentiary information into NIBIN. This will enable MPD to properly manage the quality, detail and timeliness of the data entered into the NIB IN database per ATF standards. Used to its maximum potential, the AFBS and NIBIN can be used as a preventive strategy. "In Denver last year, for example, police responded to an alert from ShotSpotter ` a system of sensors that alert police to the sound of gunfire — to find shell casings on an empty sidewalk. Entered into NIBIN, those casings revealed a link between two shootings committed earlier that week. In one, a burglar shot at a woman who confronted him as he broke into her home. In the other, someone shot a family's dog during a break-in." httn://`,t-K-w_bctsinessinsider.toiirkr- naaclt ine-created-bv-tlie-atf-coitld-rpt-event-germ-violence-hitt-iizoi-c -than-hcili=vf-.states-dant-use- it-c ff c<ctilfc ly-2016-1 D To ensure this new technology is used properly, two (2) CSI II personnel will take a 4 -day training course for the AFBS. A Stereo Zoom Microscope (forensic microscope) will be acquired for ballistics analysis, delivering crisp and high-contrast images of microscopic evidence necessary for forensic investigation. Further enhancing our ballistics analysis process, MPD will purchase a The Semi -Automated Optical Fingerprint System (SAOFS) for bullet casings and cylindrical objects will replace the current system which requires spent casings to be placed in cyanoacrylate (superglue) fuming chamber. The SAOFS works with a Consolite Forensic Imaging System software. It holds and rotates the evidence capturing images as it turns, then stitches the image together to create a digitally enhanced flat image that is sharper and more detailed, without the need to use complex powders and high voltage system. The SAOFS technology alleviates the distortion evident along the curvature of the casing shell – whether a corroded or developed print –allowing for an examiner to fully examine the entirety of the friction ridge detail present, as opposed to documenting only the "best portion" they can. JAG funds will also be used to train Five (S) CSI II Supervisors on the SAQFS hardware and accompanying forensic imaging software. Current DNA testing and analysis methods present significant challenges for law enforcement agencies. High costs and the time required to process DNA samples have limited this scientific approach largely to felony crimes. Even with this constrained use, high volumes of samples are Ieft untested for months or longer, leaving many crime labs with backlogs of evidence and hampering law enforcement efforts. New rapid DNA profiling technologies are emerging to help address these challenges. Currently, MPD sends approximately 600-700 DNA samples to the Miami -Dade County Police Department Crime Lab for processing and analysis. The system at the County Lab does not support rapid DNA profiling; the turnaround time on samples typically runs 60-90 days. Therefore, MPD will purchase Rapid DNA Profiling Technology (RDPT) as a pilot to test the efficiency, accuracy and timeliness of this new method of DNA analysis. The RDPT is a fully automated device, with integrated data analysis, working with the most current software and the ability to analyze DNA within 90 minutes. The significant reduction of time is game -changing, as DNA can be analyzed within suspect holding times. Detectives can now request a DNA analysis from the CSI Unit before releasing a suspect. With the current method, DNA evidence is not analyzed quickly enough to be used to contain a suspect who may be a flight risk, within the holding time. The data management software will integrate with police station workflows and is password protected. The RDPT works off of a chipset cassette system (Chipset), which functions as a fully integrated lab on a chip. The Chipsct has integrated processing steps such as extraction and purification, PCR amplification (amplifies a single copy or a few copies of DNA, generating thousands to millions of copies of a 7 DNA sequence), electrophoretic separation, and detection of STR markers (short sequences of DNA). CSI Techs can place up to five samples of DNA into the cassette and simply insert the cassette into the RDPT. Each sample has a dedicated channel within the Chipset, reducing the risk of cross contamination. The purchase of this technology will come with 75 Chipsets providing up to 375 profiles. Additional Chipsets can be purchased by the City of Miami Police through the General Fund. Because of the costly nature of the Chipsets ($1,250 per chip), the Commanding Officer of the Investigation Support (IS) Section will make the determination as to which cases will use the Rapid DNA Profiling Technology. MPD will prioritize homicides and sexual batteries and other Type I Capital cases. With these improved capabilities, MPD will be better prepared to respond to the needs of a growing urban metropolis and continue the trend of reducing Part I crimes. Enhancements to our forensic processes will allow MPD to improve the response to current crime trends and resolve crime and community concerns. Capabilities and Competencies City of Miami Police Department strategic planning/coordination efforts are supported by a vast network of relationships with local, state and federal criminal/juvenile justice agencies, identified as follows: ➢ Office of the State Attorney for the Eleventh Judicial Circuit of Florida (SAO) & Florida Department of Law Enforcement (FDLE): MPD has a Memorandum of Understanding (MOU) with the SAO and FDLE for the predicate events that will initiate investigative and forensic involvement, assistance or coordination by FDLE, such as the shooting of a person by a MPD law enforcement officer acting in the line of duty. ➢ Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): An MOU establishes a joint cooperative effort between MPD and the ATF for the ATF's Firearms, Interdiction, Reduction and Enforcement Strike Force, referred to as FIRE. Another MOU establishes that joint operation/task force: ATF Task Force, whereas MPD shall assign officers to assist ATF in investigations of Federal, state and local laws on a dedicated basis. M ➢ Miami -Dade County and City of Miami A Mutual Aid Agreement for the North -End Street Violence Task Force was established between the government of Miami -Dade County and the City of Miami to ensure public safety of their citizens by providing adequate levels of police services. Florida Department of Law Enforcement (FDLE): MPD and FDLE have a Factual Analysis Criminal Threat Solution Agency Agreement governing the involvement and responsibilities for the use of dissemination of information transmitted to or retrieved from the system. MPD and FDLE also have a Voluntary Mutual Aid Agreement that establishes a South Florida Child Abduction Response Team. MPD also works with FDLE as part of a multi -agency Electronic Surveillance Support Team. Plan for Collecting the Data required for this Solicitation's Performance Measures The City of Miami Police Department will manage and track the acquisition and implementation of all technology projects within the purpose area of "Planning, Evaluation and Technology programs." Performance measurement data will be stated in quarterly accountability metrics reports which will be submitted through the Bureau of Justice Assistance Performance Measurement Tool (PMT). Per BJA PMT guidelines, MPD will create reports ready for the Grants Management System (GMS). The implementation of the Ballistics Testing & Forensic Imaging Project and Rapid DNA Analysis Pilot Program will be used in the CompStat process and increase MPD's ability to analyze, disseminate and utilize crime data to improve over current operations. This funding opportunity will support MPD's mission to make our city a place where all people can safely live, work, and visit. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FY 2017 LOCAL SOLICITATION Budget Narrative — Attachment III A total of $336,717 JAG grant funds will be allocated to implement two projects for the purpose area of "Planning, evaluation and technology programs". MPD will purchase one (1) Automated Firearms Ballistics System (AFBS), one (1) one-year extended warranty, one (1) shipping & handling for AFBS, AFBS training for two (2) CSI Il Supervisors and one (1) Stereo Zoom Microscope, one (1) Semi Automated Optical Fingerprint System (SAOFS), one (1) shipping & handling for SAOFS, SAOFS training for five (5) CSI II Supervisors, and one (1) Rapid DNA Profiling Technology. Summary Overview: Ballistics Testine & Forensic Imagine Proiect • Automated Firearms Ballistics System (AFBS) $131,653 • One year extended warranty (AFBS) $15,476 • Shipping & handling (AFBS) $1,167 • Stereo Zoom Microscope $5,113 • Semi -Automated Optical Fingerprint System (SOFS) $41,120 • Shipping & handling (SAOFS) $300 • 4- day onsite training for AFBS $2,930 w/travel and lodging • One -day onsite training (SAOFS) $1,880 w/travel & lodging Sub -Total Amount- $ 199,639.00 Rapid DNA Analysis Pilot Pro ram • Rapid DNA Profiling Technology $137,078 Sub -Total Amount- $137,078 Total Planning, evaluation & technology improvement programs $336,717 A. Personnel N/A B. Fringe Benefits N/A C. Travel N/A D. Equipment (Federal Request) $331,907 • One (1) Automated Firearms Ballistics System (AFRS) ($131,653) is a cartridge case - imaging solution that can digitally capture the areas of interest on bullet casings, from the head of a cartridge case in 2D and 3D. This will give the CSI Unit the ability to capture considerable impression detail and multiple viewing perspectives on casing evidence. This automated system is user-friendly and is equipped with cutting edge 3D technology that allows the capture of high-definition 3D topography at the micrometer level. The AFBS offers superior data precision for greater accuracy and optimal visual comparison capabilities and has multiple magnification levels. The high efficiency and accuracy of the AFBS can produce a complete ballistic analysis within 24-48 hours, significantly improving the timeliness and quality of operations. Data from the AFBS will be directly uploaded into the NIBIN database. • One year extended warranty (AFBS) ($15,476) includes technical support, replacement of defective hardware, correction of software errors and software upgrades. • Shipping & handling (AFBS) ($1,167) • Stereo Zoom Microscope ($5,113) is a high-definition forensic microscope that can be used to perform triage of ballistic evidence and other analysis requiring high magnification. It has the capacity to deliver the sharpest possible image within a I I5mm working distance. Can be used with multiple LED and cold light sources for optimum usage. • One (1) Semi Automated Optical Fingerprint Systems ($41,120) will be used to recover fingerprints from bullet casings and other cylindrical objects. The optical fingerprint system will replace the current system which requires spent casings to be placed in cyanoacrylate (superglue) fuming chamber. The Semi -Automated Optical Fingerprint System uses advanced forensic imaging software. As it holds and rotates the evidence capturing images as it turns, then stitches the image together to create a digitally enhanced flat image, that is sharper and more detailed, without the need to use complex powders and high voltage system. This will significantly improve our ability to document detail on curved surfaces. • One (1) Shipping & handling (SAOFS) ($300) • One(]) Rapid DNA Profiling Technology ($137,078) will be the first time MPD utilizes rapid DNA testing. The Rapid DNA Profiling Technology instrument is a fully automated device with integrated data analysis software. This system will be utilized by the CSI Unit and has the ability to generate DNA profiles in approximately 90 minutes, significantly improving the current turnaround time of 60-90 days for a complete analysis. The instrument includes a total of 75 Chipset Cassettes (Chipset) providing up to 375 profiles. The Chipsets function as a fully integrated lab on a chip. Processes include extraction and purification, PCR amplification, and detection of STR markers. All reagents (mixture for chemical analysis) are factory preloaded, requiring the operator to simply insert the samples into the Chipset and insert it into the instrument. Rapid DNA Profiling Technology also includes swabs with built-in RFID (Rapid Frequency Identification) tags to provide traceability and minimize the opportunity for sample switches. This system is designed for accuracy, speed and minimizes the potential for cross -contamination. G. Consultant Fees (Federal Request) ($4,810) Onsite training course for utilization ofAutomated Firearms Ballistics System (AFBS) Trainer travel expenses ($2,930) Hotel — 4 nights: $800; Car rental: $240; Per Diem — 4 days: $160; round-trip airfare: $1400; Incidentals: $330. A certified Forensic Technology instructor will give 4 -day onsite training for two CSI II staff. Travel and lodging will be the only consultant fees attributed to training for the AFBS system. Course fee automatically included in the AFBS equipment cost. Basic User Training will consist of: ✓ System components ✓ Navigation of Graphical User Interface (GUI) ✓ Case management ✓ Acquisition protocols ✓ Interpretation of correlation results ✓ linage management and analysis ✓ Hit management ✓ Data backup ✓ Numerous practical exercises • Onsite training courses for utilization of Semi -Automated Optical Fingerprint Systems ($1,280 course fee). Trainer travel expenses ($600) Hotel — 2 nights: $400; Car rental: $120; Per Diem — 2 days: $80. The City of Miami is seeking funding to cover the entire training cost. Five CSI II Supervisors will receive a one -day comprehensive training to learn to operate the Semi - Automated Optical Fingerprint System, process the data and create complex images, export/import data into software, preserve evidence, etc. The cost of this training is all inclusive and this training will increase the quality of the work, increase accuracy of latent print examination and reduce turnaround time of CSI Unit. With time and training, the CSI Unit expects to quickly overcome the learning curve that comes with applying new forensic techniques, equipment and software. • Overview of equipment assembling and care; safety regulations and safety points; use of fuming system and superglue products. 3 • Introduction to the fundamentals of Semi -Automated Optical Fingerprint System hardware. CSI personnel will learn the following: ✓ Equipment set tip. ✓ Best practices for efficient workflow. ✓ Use of high definition camera and custom designed optics, ✓ Understanding the technology's filter system for wavelength control of fluorescing images. ✓ Understanding the technology's measurement system and alignment techniques. • CSI personnel will learn how to use Forensic Imaging System software to: ✓ Learn how to digitally enhance imaging. ✓ Increase contrast and invert images for fast Fourier transformation. ✓ Create folly traceable audit trails with authentication of original images. . H. Budget Summary A. Personnel $0 B. Fringe Benefits $0 C. Travel $0 D. Equipment $331,907 E. Supplies $0 F. Construction $0 G. Consultants/Contracts $4,810 H. Other $0 Total Direct Costs $336,717 I. Indirect Costs $0 TOTAL PROJECT COSTS Federal Request: $336,717 Non -Federal Amount: $0 Total Project Cost: $336,717 4