HomeMy WebLinkAboutCOM 0017.001 2018-2020 O,t1775F p.., Paul K. Ferreira
Harry Kim `•' 1e
Mayor ",,%. �' Police Chief
rs
os'" Kenneth Bu ado Jr.
Deputy Police Chief
County of Hawai'i
POLICE DEPARTMENT
349 Kapiolani Street • Hilo,Hawaii 96720-3998
(808)935-3311 • Fax(808)961-8865
DATE: September 21, 2018
TO: VALERIE T. POINDEXTER, COUNCIL CHAIR AND
COUNCIL MEMBERS
QC)
VIA: / , S- ' i �1 NTROLLER
Hca
�li. —4
FROM: PAUL K. FERREIRA, POLICE CHIEF F CD""(
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i RE: NOTIFICATION OF GRANT AWARD p pi -
COMPLIANCE WITH ORDINANCE NO. 10-59, SECTION 7(1) +% 70
.1` 7?
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Name of Grant Program: FY 17 JAG Local Program
Grantor: U.S. Department of Justice, Office of Justice Programs
County Grantee Department or Agency: Hawaii County Police Department
Grant No. (IF KNOWN):
Amount of Grant: $113,387.00
Amount of County Match: none
County Revenue &Expenditure Account Numbers: 010.201.5216.60:3309.59
Grant Period (Commencement& Completion): October 1, 2016 to September 30, 2020
Purpose of Grant: To purchase a driving simulator the Police Department's
Emergency Vehicle Operator Course
Is final report required by grantor? x Yes I I No
Notification attached: x Yes n No, because
Comm. No. 11'1
Ref.To:
Ref. Date DEC 0 3 2018
"Hawai'i County is an Equal Opportunity Provider and Employer" Form NGA I I/05
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vv U.S.Department of Justice
Office ofiusticc Programs
Office of the Assistant Attorney General IVashilown,AC 20531
Jinni 26.2018
Chief Paul K.Ferreira
Ilawaii County
25 Aupuni Street
Milo.HI 461720-4245
Dear Chief Ferreira:
On behalf of Attorney General Jefferson Sessions III,it is my pleasure to inform you that the Office ofiustice Programs ha
approved your application for halting under the FY 17 Edward Byrne:Memorial Justice Assistance Grant(JAG)Program-
l.,ocal Solicitation in the amount of S113,387 for Ilawaii County.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim
audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award,please contact:
- Program Questions.Joseph Masted.Program Manager at(202)353-44 II:and
- Financial Questions.the Office of the Chief Financial Officer,Customer Service Center(CSC)at
(800)458.0786,or you may contact the CS(:'at ask.ocfiu i usdoj,gov.
C'ongrautiations.and we look forward to working with you.
Sincerely.
Alan R.Hanson
Principal Deputy Assistant Attorney General
Enclosures
r
OFFICE FOR CiVIL RIGHTS
,.
Office of Justice f togranls
• .�„ ' U.S. Department o1'Justice
810 7th Street,NW
•
Washington,DC 20531
Tel:(202)307-0690
TTY:(202)307-2027 •
E-mail:askOCR(ri;usdoj.gov
Website:ww v.ojp.usdoj.govioer
June 26,2018
•
ChicIPaul K.Ferreira
I•lawaii County
25 Aupuni Street
I lila.Hi 96720-4245
Dear Chief Ferreira:
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 ofJustice Programs(OJP),U.S.Department ofJustice
(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 funding. •
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 1994(VA WA)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 i,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
arc available as http:116jp.gov/abouir`og9vawafags.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,arc 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 population and that their employment practices meet equal opportunity standards.
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� 1
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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
hup://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(SAAs)to
treat faith-based organizations the same as any other applicant or recipient. The regulation prohibits SAAs 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 see the OCR's website at
http://www.ojp.usdoj.gov/aboutiocriequal_fbo.htm.
SAAs 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.113-4,sec.3(b)(4), 127 Stat.54,61-62(to be codified
at 42 U.S.C.§ I3925(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//abouUocr/pdfs/UseolConviction_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 EEOP(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
http://www.ojp.usdoj.gov/aboutfocr/pdfs/cert.pdf.
If your organization is a govemment 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
hnp://www.ojp.usdoj.gov/about/ocr/pdfslcert.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/aboui/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 Subrecipients
SAAs must have standard assurances to notify subrecipients of their civil rights obligations,written procedures to address discrimination
complaints filed against subrecipients,methods to monitor subrecipients'compliance with civil rights requirements,and a program to train
subrecipients on applicable civil rights laws. In addition,SAAs must submit to the OCR every three years written Methods of
Administration(MOA)that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of
subrecipients. For more information on the MOA requirement,see 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 ofluslice
Office oiiusticc Programs
•3V; ! PAGE_ (11:^_1
a y RBureau of Justice Assistance
Grant
3 _..
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1.RECIPIENT NAME AND ADDRESS i(nclnding'..ip cod;;) 4.AWARD N iMIWI); 2017-171 IIX((S14
!lao•ati Chanty ._.....1
25 Anpuni Street. 5.PROJECT PERIOD:FROM 10101:2016 TO I)S 30r2i 2')
III 94720.4245 -
BUDGET PERK)-FROM 10.01/2014 TO 09i3Q'2020
6.AWAR1)DAD' 06126(201N1 7.:\CTION
12a.(IRANTRE IRS/VENDOR NO, 8.SUPPLEMENT NUMBER Initial
994000568 OU
';+.GRANTEE DUNS NO.
613154335 9.PREVIOUS AWARD A:4IOI Sir S 0
Z.IT3/)jE T TITLE 10.AMOI2NT OF TIIIS AWARD S 113.387
i FY 17 Local JAG Program
Ii."I((TAl.:111'ARU S 113.387
12.S)'ECIAI..CONDITIONS
TIII)AIIOVI-.GRANT PROJECT IS APPROVED SUBJECT TO 51)1.11 CONDITIONS OR LIMI rATIONs AS ARE SI'.r FORTH
ON HIE ATTICFIE[D PACiIi(S).
I.),STATUTORY AUTHORITY FOR GRANT
`[his pro,cct: supported ender FYE7(13JA•JAG State and JAG Local)Tale I of Pula.I...No.90-351 igcncrally codified at 42 U.S.C.3711•37')711-S(.
....including subpar(I of part Ii(codified at 42 U.S.C.3750-3758):see also 28 EiS.G.SJOC(a).
14.CATALOG OF DOMESTIC FEDERAL,ASSISTANCE(CFDA Number)
10.738•Edward Byrne Memorial Justice Assistance Grant Program
IS.A1(i(I(OD OF PAYMENT
(wits
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Wieit4Zo' AGENCY APPROVAL. .��.'"""" .."',7.;-; INIIINIME GRANTEE ACCEPTANCE
I Ie.TYPED NAME AND TITLE OF APPROVING OFFICIAL E8.TYPED NAME AND TITLE OP AU lI-IC 107..(.ED GRANTEE.orFICIAL
Alan R,Hanson Paul K.Ferreira
Chief Deputy:Yssistam Auumay General
{{ i
•
17•SIGNATURE URE OF APPROVING OFFICIAL 19.SIGNATURE OF AL%r11ORIZEEI)12Hop IIiN'1'OFFICIAL. 19A.DATE
AUG•Nt.(4)
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i Y € k�+:.S '•s;I'; sn S C,ENC1 L SE()*LY "„F w ,,� ^. .a it F • €;:tea s .
AC'C'OI.'NTING CI-ASSIFICA•ITON CODES 21. SDJL:GT1314
FISC:\1. PEND BUD. DIV.
YEAR CODE ACT. OFC. RIY.i. SUIT. PONIS AMOUNT
N 0 DJ 80 CIU (10 (1 3387
()Jr FORM 40001.2(REV.5.87)PREVIOUS EDITIONS ARE OBSOLETE.
•
Oil'FORM 408W2(REV.4-88)
Signature Attachment:
Grant Title: FY 17 Local JAG Program
Grantor: U.S. Department of Justice,Office of Justice Programs
Grant Period: 10/1/2016-9/30/2020
Amount of Grant: $113,387.00
Fiscal Year: 2018-2019
Hawaii Police Department, GRANTEE
Mayor
County of Hawaii
Date:
APPROVED AS TO FORM AND LEGALITY:
Deputy Corporation Counsel
County of Hawaii
Date:
APPROVAL RECOMMENDED:
Chief of Police
County of Hawaii
Date: sEp 2 4 2018
U.S.Department of Justice
•
Office ofJustice Programs AWARD CONTI4NUATiON
Bureau of Justice Assistance Siil?I 1 PAGE 2 or sa
Grant
•
•
t'ROJEt'TM0.ttJtik 21117.DJ-BN-0.3 AWARD OATS 06/26..20tS
SPECIAL CO.Ni)I•TIONVS
I. Requirements of the award:remedies for non-compliance or for materially false statements •
The conditions of this award are material requirements of the award. Compliance with any certifications or assurances
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Failure to comply with any one or more of these award requirements--whether a condition Set out in lull below,a
condition incorporated by reference below.or'a certification or assurance related to conduct during the award period--
may result in the Office ofJustice Programs("OJP")taking appropriate action with respect to the recipient and die
award. Among,other things,the 0.1P may withhold award tends,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 ora 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 Use claims
or otherwise(including under 31 U.S.C.3729-3730 and 33801-3812).
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.us adopted
and supplemented by D0.1 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 DO.1 on December26,2014. if this FY 2017 award
supplements funds previously awarded by 01P under the same award number(e.g.,funds awarded during or before
December 2014),the Part 200 Uniform Requirements apply with respect to all finds 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
("sub rants"),see the OJP website at hups:/ojp.govifunding Pnrt200UniibmnRequirements.hen.
In the event than an award-related question anises front documents or other materials prepared or distributed by 0.)P
that may appear to conflict with,or differ in some way from.the provisions of the Part 20O Uniform Requirements,the
recipient is to contact OJP promptly for clarification.
3. Compliance with 1)03 Grants Financial Guide
The recipient agrees to comply with the DO)Grants Financial Guide as posted on the 0.IP website(currently,the"2015
DOJ Grants financial Guide"available at Maps://ojp.govttinancislguide/DOJ?index.htnt),including any updated version
that may be posted during the period of performance.
•
Oli'FOtlAt 4000-'2 REV.4-S8)
•
I ' •
U.S.Department of Justice
30,1
Office ofJuiiee Programs AWARD CONTINUATION
• l Bureau of Justice Assistance SHEET PAGEcit i
Grant
PROJECT NUMBER 2017-t)J-tsX-0514 AWARD DATE 0020:ut5
SPECIAL CONDITIONS
4. Required training for Point of Contact and all Financial Points of Contact
13oth the Point of Contact(POC)and all Financial Points olContact(FPOCs)for this award must have successfully
completed an"OJP financial management and grant administration training"by 120 days after the date of the
• recipient's acceptance of the award, Successful completion of such a training on or after January I,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--(I)the date of OJi"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 OMS(in the case of new FPOC). Successfid
completion of such a training on or alter January I.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:u blips:iiwww,ajp,ga)v(trainingifints.hun. All tminings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold("freeze")award Rands if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead O.IP 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.200,114(0.and that elects to use the"de nunintis''indirect cost rate,must advise
(.)JP•in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200
l.inifunn Requirements. The"de minimis"rate may be applied only to modified total direct costs(IVTCDC)as defined
by the Part 20(1 Uniform Requirements.
6. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal fiends,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
<rf 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 arc provided under this award. If so,the recipient must promptly notify the DOJ
awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication.and,if so requested by the DOJ
' awarding agency,nutst seek a budget-)modification or change-of-project-scoiie grrmt adjustment notice(GAN)to
eliminate any inappropriate duplication of funding.
( - I
ow Font 40tair2 Its V.4-88)
(
U.S.Department of.lustice
Office of'Justice Programs j AWARD CONTINUATION I •
•••
11 Bureau of Justice Assistance SHECI' PAGE .t Or
Grana
•PROJEC't NUMBER 2017-DJ-nX-6S14 AWARD UAFE 06126.2018
SPECIAL CONDI"J'iOIVS
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 hnps:tiwww.scmt.govi. 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 subreci tents
f I P (��� P�
(first-tier"subgrantecs").including restrictions on subawards to entities that do not acquire and provide(to the
recipient)the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https%lojp.gov/fundingIExplore(SAM.hut(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).
S. All subawards("subgrants")must have specific federal authorization
The recipient,and any subrecipient("subgrantee")at any tier.mast comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that--for purposes of federal grants
administrative requirements--OR 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
ltttps:u/oip.govlfuufirt_g!Explore/SubawardAuthorization.htm(Award condition: All subawards("subgrants")must have
specific federal authorization),and are incorporated by relbrence here.
9. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed SI 50,000
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.SI50,000). This condition)applies to agreements that--for purposes of
federal grants administrative requirements--OJP considers a procurement"contract"(and therefore does not consider
I 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 OW web site at lutps:r'Iojp.gov!bindingfE xplore/NoneompetitiveProcurement.hi t
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed SI50,000)).and are incorporated by reference here.
OJP 1,055,14(0Q(Intiv.4-38)
�g
U,S.Department o1'Justice •
•
4 Office of Justice Programs AWARD CONTINUATION
J3ureau of Justice Assistance SHE i T rnctE 5 OF '-1
47,
� Grant
I I
I't<OJECTNUM13t:R 201 74)141X-0514 AWARD DATE 06;2wRi1s
SPECIAL CONDITIONS
10. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and
(:)JP authority to terminate award)
The recipient.and any subrecipient sub ra ee" at anytlure.must comply with all applicable miec<requirements
1 c udin requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the
part of recipients.subrecipicnts("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 u•alTicking in persons are posted on the
OW web site at Itttps:iiojp.gov!fundingExplore'ProhibitedConduct-Trafficking.lhtnm(Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OW
authority to terminate award)),and are incorporated by reference here.
I I. Compliance with applicable rules regarding approval,planning.and reporting of conferences,meetings.training's,and
other events
The recipient.and any subrecipient("subgrantee")at any tier,must comply with all applicable laws.regulations,
policies,and official DO.1 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 D0.1),
including the provision a food ante?or beverages at such conferences,and costs of attendance at such conferences.
Information on the pertinent DO.I 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 001 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(C PRA)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 finds must adhere to the OW Training Guiding Principles for Grantees and Subgrantees,
available at Imps://gip.govilundingiojptrainingguidingprinciples.htm.
14. Effect of failure to address audit issues
The recipient understands and agrees that the 003 awarding agency(0.1P or OV W.as appropriate)may withhold
award fiends,or may impose other related requirements,if(as determined by the 003 awarding agency)the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 t.lnifbrnt
Requirements(is 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 OVW,as appropriate)during die period of performance for this award,if the recipient is designated as"high-
risk"for purposes of the 001 high-risk grantee list.
ow FORM tt rioc(REV.4'Snt
IWO
U.S.•
Department of Justice
Office of Justice Programs AWARD CONTINUATION
��A p 440
Grant
Bureau ofJusticeAssistance
SHEET r I 1.,„(a.• r OF a
Grant
•
•
t'ttO)[icT NUxinER 2017.DJ-11X-0514 AWARD DATE (K21,r2ath
SPliC:Gll.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,must comply with all applicable requirements of 28 E.
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 refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantee")organizations that
engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and
subreeipienis thatare 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 https:ilww•w.ecfr.govlegi-
bin/EGFR?paste-browse).by browsing to Title 28-Judicial Administration.Chapter I.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 arty
subrecipient("subgrantee")at any tier,either directly or;indirectly,to support or oppose the enactment,repeal.
modification.or adoption ofany law,regulation,or policy,at any level of government. See 18 U.S.C. 1913. (There
may be exceptions il'an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits lederal funds awarded by OJP flux))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. Sec 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
fdl within the scope of these prohibitions,the recipient is to contact OJP lir guidance.and may not proceed without the
express prior written approval of OJP.
•
our'Foltat-1(100:2(REV.»-;;3)
st, L.S.Department ofJusucc
Office ofJustice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE7 OE21
Grant
PROJEC1-`UMBER 21117-W.HX•0514 AWARD DATE 0(320!21118
SPECIAL CONDITIONS'
20. Compliance with general appropriations-law restrictions on the use of federal funds(FY 201 7)
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:/!ojp.govifunding'E.xplore!FY 17AppropriationsRestrictions.hum,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 01P liar guidance,and may not
proceed without the express prior written approval ofOJP.
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,itt connection with funds under this award--(I)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
010 by--(I)mail directed to:Office of the Inspector General,U.S.Department of)ustiee,Investigations Division,
950 Pennsylvania Avenue,N,W.Room 4706,Washington,DC 20530;(2)e-mail to:oig.hotline h;usdoj.gov:and/or(3)
the DOJ 010 hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)6,16-988 I
(fax).
Additional information is available from the DO)010 website at littps://www.usdoj.gov!oig.
6tt'FOttSt 40(115 REV.4-881
r
U.S.Department ot'Justice
Office of Justice Programs AWARD CONTINUATION i I
Bureau of Justice Assistance SHEET E PAGEx OF 21
Grant •
I'RoJEcF NUMBER 2017-Dd•1:1x-05ta ;\wARD DATE 06.:26.201
SPECIAL CONDITIONS -
i
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,Iraud,or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended and shall not be understood by the agency making this award,to contravene
requirements applicable to Standard Form 312(which relates to classified intbnnation),Form 4414(which relates to
sensitive compartmented information),or any other form issued by a federal department or agency governing the
nondisclosure of classified information,
1. in accepting this award,the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or
contractors from reporting waste,fraud,or abuse as described above;and
b. certifies that,if it learns or is notified that it is or has lateen 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 01)such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards("subgrants-"):procurement contracts,or
both--
a. it represents that--
(I) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through n subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either
requires or has required internal confidentiality agreements or statements from employees or contractors than 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 hearts or is nntilied 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 ol'award funds to or by than entity,will provide prompt written notification to
the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly
authorized to do so by that agency.
•
OR FORM 40011:2(REV.4-881
I
U.S.Department of Justice
Ol'tice of Justice Programs AWARD CONTINUA ION
t r Bureau at Justice AssistanceSill F:"1' P:a<;t <)t >i •
7 i
Grant
I
. j •
sass... sass.. ............---..__.._ ............_...•
........ ..._....................._.,-_.__........_.... .,_...
Ra:J1a:•Cr NUMBER 01 U,I43X-0514 ,Ct4Aitt)DATE 0,,,,,•26,20 .
•
.SPECIAL C:'O;VDITiONS
23. Compliance with 41 U,S.C.4712(including prohibitions on reprisal;notice to employees)
1
The recipient(and any subreci ienl at anytier)must comply with,and is to.all applicable provisions of 41
1 (� ) p P subjectPp
U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an •
•
employee as reprisal for the employee's c 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 U.S.(:'.4712 to this award.the recipient is to
•
•
contact the DOJ awarding agency(OW or OV1i,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 Ing 1''hilc Driving."74 Fed.Reg.
51225(October I,2009),DOJ encourages recipients and subrecipients(";ubgrantees")to adopt and enforce policies -
banning e nployecs front 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,
1 25. Cooperating with OW Monitoring
The recipient agrees to cooperate with OW monitoring of this award pursuant to OJF"s guidelines,protocols,and
procedures,and to cooperate with 0,1P(ineludiug 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 aarees to provide to DIP all documentation necessary for 0.1P 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 0JP lar providing the requested documents. Failure to cooperate with OJP's monitoring activities may j ,
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 DiG for audit review;designation of the
recipient as a D01 High Risk grantee;or termination of an award(s).
26. FFATA reporting: Suhawards and executive compensation
The recipient must comply with applicable requia ements,to report first-tier subawards C subgrants )of 525,000 or
more and,in certain circumstances,to report die names and total compensation of the five rttost 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 01P web site at littps uljp.r ovafunding/Fxplorc/FFATA.Jtm(Award condition:Reporting Suba wards 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 525.000.or(2)an
award made to an individual who received the award as a natural person ti.e.,unrelated to any business or non-prolit
organization that he or she may own or operate in his or her mune).
.
O!t'FORM 40Un,'a at EV.443)
N
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
•
x . ; x Bureau oi'.Iustice Assistance SHEET"C Pau:t. 10 mar t
•
•
Grant •
rRoircrNtl:'.tBBER 2017-DJ-t3X-s1514 AWARD Dam 061-26.20is
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 subrecipieni 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:
Imps://it.ojp.govigsp_gninteondition.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 netskorks
To avoid duplicating existing networks or iT systems in any initiatives funded by 13JA 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 WA.that this requirement would not be cost effective or would impair the
functionality of an existing or proposed 1T system.
30. Compliance with 28 C.F.R.Part 23
With respect to any information technology system funded or supported by funds tinder this award,the recipient(and
any subrecipient at any tier)must comply with 28 C.F.R.Part 23.Criminal Intelligence Systems Operating Policies,if
OJP determines this regulation to be applicable.Should 01P determine 28 C.F.R.Part 23 to int applicable,0.11)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)-(ct). The recipient may not satisfy such a lee with Ibderal funds.
31. Protection,of human research subjects
The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R.Part 40 and all OJT'
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.3789g
and 28 C.P.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.
1 i
OAP FORM 4t0012 4REV.4-53)
•
U.S.Department of Justice
?: OfticeofJustice Programs AWARD CONTINUATION
1 ' Bureau of IusticeAssistance SHEET PAM,: 11 OF a,
tri
� Grant
l 1 't1,tl1.•{('r NUMBER 2ot?-Di.IIXdt5t4 AW.\Rt2 DATE: 0625(2(11N
SPECIAL CONDITIONS
•
{
33. Verification and updating of recipient contact information
The recipient must verily its Point of Contact(POf'),Financial Point of Contact(HOC),and Authorized
Representative contact information in GMS,including telephone number and c-mail address, !rally information is
incorrect or has changed,a(Grant Adjustment Notice(GAN)must be submitted via the Grants Management System
(OMS)to document changes.
•
34. Law enforcement task forces-required training •
Within 120 days of award acceptance,each current member ofa law enforcement task force funded with award funds
who is a task force commander.agency executive,task force officer,or other task force member oi'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 tour years if multiple OJl'
awards include this requirement.
The requiredtrainingis available free of charge online through the WA-funded(:'enter for Task Force Integrity and
•
Leadership(www.ctili.org).The training addresses task force effectiveness.as well as other key issue including
privacy and civil libenies,`rights,task force pet formance measurement,personnel selection,and task force oversight and
accountability.If award funds arc 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 13.1A's web site and the Center for Task Force
Integrity and Leadership(www,ctfli.org).
35. Required attendance at 13JA-sponsored events
The recipient(and its subrecipients at any tier)must participate in WA-sponsored training events,technical assistance
events,or conferences held by i3JA Or its designees,upon f3JA's request.
36. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of S650 per day.A detailed
justification must be Submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
•
()if'VOR t.4(1!)2_(BEV.4-KB
°tea U.S.Department ol-Justice
Office of Justice ProgramsAWARD CONTINUATION
Bureau of Justice Assistance SHEET mot 12 (A, 21
Grant
1
i'ttoiCrT NUMBER 201 DJ-ttX-0514 AWARD DATE Of,'26^2015
SPECMI.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 subrecipicnt.
Accordingly,the recipient agrees to first determine if any of the IbIlowing tiedvides will be funded by the grant.pricy
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 Iong.as the activit•is being conducted by the recipient,a
subrecipient, •n
or any third party,and the activity needs to be undertaken in order to use these award funds,this condition
roust first be met.The activities covered by this condition are:
a.New construction:
•
b.Minor renovation or remodeling ofa property located in an environmentally or historically sensitive area,including
•
properties located within a 100-year flood plain,a wetland,or habitat for endangered species.or a property listed on or
eligible for listing on the National Register of Historic Places:
e.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.
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 ofa Mitigation Plan,as detailed at https:I/bja.gov/Funding-nepa.hnnl,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 front 13JA,agrees to cooperate with BJA in any preparation by I3JA of a national or program environmental.
assessment of that funded program or activity.
38. Establishment of trusi fund
If award rands are being drawn down in advance,the recipient(or a subrecipient.with respect to a subaward)is
required to establish a trust land account.(The trust fund may or may not be an interest-bearing account.)The fund.
nl.
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
hinds in the trust fund(including any interest earned)during the period of performance for the award attd expend
within 90 days thereafter.Any unobligated or unexpended finds.including interest earned,must be returned to 0.!i'at
the time of closeout.
{
((JP FORM 40001:(RFV.4-88)
•
�..1
U.S.Department of Justice
w411:, Office of Justice Programs AWARD CONTINUATION
F .. 0 Bureau of Justice Assistance SIILI:'I' PAGE ra OF 21
Grant
if�e 3
•
•
•
•
pttc»Ecr NUMBER 2017-0J-13x-0514 A\vAtu)DATE 06:?..w26}I,
s/:yacht/ CONDIr1ONS
39. Prohibition on use of award funds for❑arch under 13Vp program •
JAG fiends 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 subreeipients planning to utilize funds from this award for ballistic-resistant and stab-
resistant bud armor purchases.This policy must be in place for at least all uniformed officers before any funds front
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.
4 I. Body armor-compliance with N Ii standards •
}
Ballistic-resistant and stab-resistant body armor purchased with JAG award finds nay 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 NU Compliant Body
Armor Model List(https:/ini,j.gov/).In addition,ballistic-resistant and stab-resistant body armor purchased must be
American-made.The latest NU standard information can be found here:Mips:i/nij.govitopicslteehnologybody-
armor/paces,`'safety-initiative.aspx.
42. Required monitoring of subawards
The recipient must monitor stbasiarils under this JAG award in accordance with all applicable statutes.regulations,
award conditions.and the DOJ Grants Financial Guide,and roust include the applicable conditions of this award in any
subaward.Among other things,the recipient is responsible for oversight of suhrecipient spending and monitoring of
specific outcomes and benefits attributable-to use of award funds by subreci iet tosubmit,
cc ut.. f he recipient tent to
( P C agreesupon
request,documentation of its policies and procedures for monitoring ofsubawards under this award.
43. Reporting requirements
The recipient must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through
OJP's CIMS(haps://grants.ojp.usdoj.gov).Consistent with the Department's responsibilities under the Government
Performance and Results Act(URA)and the(3PRA Modernization Act of 2010,the recipient must provide data that
• measure the resorts of its work. The recipient must submit duanerty performance metrics reports through LIJA's
Performance a Measurement Tool(PiM'l')website(went•.bjaperformattcetoels.otgj.For more detailed information on
reporting andotherJAG 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 Iligb Risk designation.
44. Required data on law enforcement agency training
}
Any law enforcement agency receiving direct or sub awarded titndut;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. •
I f
()JP FORM.t0002(REV.4.551
U.S.Department of Justice
010ccofJustice Programs AWARD CONTINUATION ••
Al 4 But Tan of Justice Assistance SHEETI PAGE 14 OF at
Grant
•
PROJECT NUMBER 2017-DJ-RX-0514 AWARD.DATE (14:126:2018
SI E_[IA!,CONDITIONS
45. Prohibited Expenditures List
Award funds may not he used for items that are listed on the Prohibited Expenditure List at the time of purchase or
acquisition,including as the list ntav be amended from time to time.The Prohibited Expenditure List trap be accessed
here:https:fi`www.bja.govifunding/JAGControlledPurchaseList.pdf
46. Controlled expenditures-prior written approval required
Award funds may not be used for items that arelistedon the Controlled Expenditure List at the time of purchase or
acquisition,meltiding as the list may lie amended from time to time,without cxplh t written prior approval from I3JA.
The Cc:Untrolled Expenditure List,and instructions on how to request approval for purchase or acquisitions arc set out at
Mips:i/www.bja.gov/lbttdinuJAGControlledPurchaseList.pdf
47. 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 WA
• upon request.Details about what information must be collected and retained are set out at https:fojp.govidocsiLi-
1 quipment-WC-Firtal-Report.pol'.
• 4S. Sale of items on Controlled Expenditure List
Notwithstanding the provision of the Part 21)0 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 arty controlled equipment,except riot helmets and riot shields,to a Law Enforcement
•
Agency(LEA)aflcnobtaitting prior written approval from SJA.As a condition of that approval,the acquiring LEA will
be required to submit information and certifications:to WA`as if it were requesting approval to use award funds for the
initial purchase of items on the Controlled Expenditure List.
b. Agencies may riot transfer or sell any riot helmets or riot shields purchased under this award.
c. Agencies may not transfer or sell any Controlled Equipment purchased tinder this award to non-LEAs,woh 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 I3JA.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 WA prior to the disposal of any items on the Controlled Expenditure I...ist 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.
DIP mum 41r0();2 ttUSV.:•sst
U.S.•
•
Department of Justice
I _, Office(it-Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance � SHEET 3 PArat: I5 OF 'I
3 t
Grant.
I'ttuir:T NUMBER 2017-t:)J43X-t)514 AWAIt.t)DATE 511/2 612 5 1 8
SPEC/Al.caw/nays
'S
50. Controlled expenditures-Standards
Consistent with recommendation 2.1 of Executive Order 1368,a law enforcement agency that acquires controlled
equipment with award fimds 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)Con tituifonal 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 oldie 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 I,2016
The recipient may obligate(federal)award funds only after die recipient makes a valid acceptance of the award. As of
the lost clay 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 arc incurred at the recipient's risk until,at a
minimum--(I)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions 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."i fand when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through a Grant Adjustment Notice,the recipient is authorized to obligate(federal)award funds to reimburse
itself for project costs incurred"at-risk"earlier during the period of'performance(such as project costs incurred prior to
award acceptance or prior to removal roan applicable withholding condition),provided that those project costs
otherwise are allowable costs under the award. I •
Nothing in this condition"shall be understood to authorize the recipient(or any subrecipient at any tier)to use award
funds to"supplant"State pr local funds in violation oldie 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 Rinds,be made available for law enforceinent activities.
52. "Certification of Compliance with 8 U.S.C. 1373"required for valid award acceptance by a unit of local government
1 3
In order vslidly 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--(I)is submitted to DIP together with the fully-executed award document,or(2)is uploaded in
OJP's GMS no later than the day the signed award document is submitted to OJP.any submission by a unit of local
government.that purports to accept the award is invalid.
Ilan initial awardacceptance submission by the recipient is invalid.once the unit of local government does submit the
nceessary certification regarding 8 U.S.C. 137:3,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.
•()JP fu:>ttxi xi)tt0,s2 tt8t:.11.4-551
I'S.Department of tustice
1 office of Justice Programs AWARD CONTINUATION
j Bureau of Justice Assistance SHEET PACs i5 of •
'ara r
Grant
•PPOJECT NUMBER R 2017-t)!-n\-(tSt. AWARD.'DATE 0612W-2(11S
SPECIAL CONDITIONS
•
53. Ongoing compliance with S 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 governmenttentity or-official
from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a);or
(2)a government entity or-agency front sending.requesting or receiving.maintaining.or exchanging information
•
regarding immigration status as described in S U.S.C. 1373(b). For purposes of this award,any prohibition(or
restriction)that violates this condition is an"information-communication restriction."
•
2.Certifications front subrecipient_s. The recipient may not make a subaward to a State or local government or a
"public"institution of higher education.unless it firs obtains a certification of compliance with S U.S.C. 1373,properly
executed by the chief legal officer of the jurisdiction or institution that would receive the subaward,using the
.appropriate thrill available at httpsJrofp.goy:fundinglExploreSampleCertifications-S(ISCI 373.httn. 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 elucat ion,unless it first obtains a certification of compliance with S 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 0.1P 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
extant that such costs are not reimbursed under any other federal program,award funds maybe obligated(including for
authorized reimbursements)for the reasonable,necessary,and allocable costs(ii any)that the recipient,or any
subrecipient at any tier that is a Slate 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:
(I)"State"and"local government"include any agency or outer 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(sec 42 U.S.C.2000d-4a).
(4)"inmmigration status"means what it means for purposes of 8 U.S.C. I373•111legal Immigration Reform and
Immigrant Responsibility Act of 1996);and terms that are defined in S U.S.C. 1101 (immigration and Nationality Act)
mean what they mean under that section 1101,except that the term"Stat;"also shall include American Samoa(cf.42
U.S.C.9010)(2)).
(5)Pursuant to the provisions set out at(or referenced in)8 U.S.C. 1 551 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(011S).
B.Nothing in this condition shall be understood to authorize or require any recipient,any stbrecipicnt at any tier,any
Suite 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.
()JP(1(ttai 4400;'_(Rt:V.4-H8i
�t;
•
._.... 2.2.2.2_ .22.22 _ _ _. •i__.._ 22..2. .2.
U.S.Department of Justice ^ 1
= t' Office of Justice Programs AWARD CONTINUATION
1 01-
3 '+ Bureau of.lustice Assistance 51IL;(s'I' PAcra t (1F 2t
Grant.
•
•
{
PROJECT NUMBER 22017-11141X41514 AWARD DATE a6-26:22ttt1
SPECIAL CONDITIONS
IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to O,1P,belbre
•
award acceptance.
54. Authority to obligate award funds contingent on compliance with 8 U.S.(:'. 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 hands 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 binds by the recipient shall be considered,far all purposes,to be a material representation
by the recipient to O,IP that,as of-the date the recipient requests the drawdown,the recipient and all subrceipients j
(regardless of tier)are in compliance with S U.S.C.1373.
•
D. The recipient must promptly notify OW(in writing)if the recipient.from its requisite monitoring ofc ntpli:utce
with award conditions or otherwise,has credible evidence that indicates that the funded"program or activity"of the
recipient,or of any suoreciptent at any tier that is either a State or a local government or a"public"institution of higher
education.may be subject to any"inlbrmation-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 rnttst 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 DO.1 to the contrary.based upon a finding by D0.1 of compelling.
circumstances(e.g..a small amount of award funds obligated by the recipient at the time all subrecipient's minor and
transitory non-compliance.which was unknown to the recipient despite diligent monitoring),any obligations ofaward
funds that,under this condition,may not be made shall be unallowable costs for purposes of this award. In making any
such determination.1)O.1 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.(;'. 1373 is required."
4. Rules of Construction
A. For purposes olthis condition"int'ormation-communication restriction"has the meaning set out in the award
condition entitled"Ongoing compliance with 8 U.S.C. 1373 is required."
B. 13oth 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.
t '
1 (�
Oil'1=010.1 400012(REV.
,)
U.S.Dpanment of Justice
Office ofJustice Programs AWARD CONTINUATION
.81( Bureau of Justice Assistance SHEET PAGE ix OF =.
?cai Grant
moral'NUMBER :017-DJ-E1X-0514 AWAItl)DATE: (1(a`261?0ts
SPECML CONDITIONS
55. Required State-level rules 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 isa State governtent).
.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 pen titling 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.
13.A State statute,or a State rade,-regulatidti,-policy,or-practice,must be in place that is designed to insure that.
when a State(orState-contracted)correctional facility receives front OHS 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 ITIS.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrceipiettt 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 lbr.authorized
reimbursements)for the reasonable,necessary,and allocable costs(if any)of--(I)developing and putting into place
statutes,rules,regulations.policies,and practices to satisfy this condition,and(2)permitting access as described in
pant. I.A.above.and(3)honoring any request from[MIS that is encompassed by para. 1.13.above.
4.Rule,of construction
A.For purposes of this condition--
(I)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see t U.S.C.
1101(a)(3))..
(2)the term"correctional facility"means what it means under the Title I of the Omnibus Crime Control and Safe
Streets Act of 1968(see 42 U.S.C.3791(a1(7)).
• B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local gotertntment,or any other entity or individual to maintain(or detain)any individual in custody beyond the
date and lime the individual would have been released in tate absence of this condition.
Current OHS practice is ordinarily to request advance notice of scheduled release"tts early as practicable(at least 4(1
hours,if possible)."(See DIMS Form I-247x\(3/17)), In the event that(e.g.,in light of the date Dl IS made such request)
• the scheduled release date and time for an alien are such as not to permit the advance notice that DMS has requested,it
shall not be a violation of this condition to provide only as much advance notice as practicable.
olt'rpt?\'I.4006 12(REA'. -tial
U.S.Department of Justice j 3
Vs:-;,,
Office ofJustiee Prorams AWARL)CONTINUATION
Bureau of Justice Assistance SHEET 'ACm 19 OF '-1
° is 'J Grant
9 t
PROJECT FIJNli(Fft 2017-DJ-IX•t151 Aum[)DAt'tt (h6,25,20(8
SPECIAL CONDITIONS
NOTE;Current DHS practice is to use one form(DIIS horm 1-247A(3117))for two distinct purposes--to request
advance notice of scheduled release,andto request that an individual be detained for up to 48 hours AFTER the
scheduled release.This condition imposes NO requirements as to such DIMS 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 sut,trecipient of this award at any tier(whether or not the recipient itself is a unit of local •
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 throug}tout 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 noting under color of
federal lawin fact arc given access a local-government(or local-government-contracted)correctional facility for the
purpose of permitting such agents to meet with individuals wlto 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.
13. A local ordinance,-rale,-regulation,-policy,or-practice(or an applicable State statute,-rule regulation..-
policy.or-practice)must be itt place That is designed to ensure that.when a local-government(or local-government-
contracted)correctional facility receives from D13S 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"Rules of Construction"incorporated by
para.4.13.of this condition)--provide the requested notice to MIS.
2. Monitoring
'('he recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this
condition.
3. Allowable costs
Compliance with these requirements is an authorizedand 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. I.A.above,and(3)honoring any request from 1)11S that is encompassed by pars. I.13.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"uction"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.
Ott'FORM.10(02(REV.4-8g)
° U.S.Department of Justice •
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance 4H1,t:1' PAGE 20 OF 2t
2..^ •:::..•r Grant ) j
•
V t.C11EC1 NtAllBER tat 7411.I1X4t51.1 AWARD tlAIR (t(e26v?Ot5
•
•
SPECIAL CONDITIONS
57, Use of funds for DNA testing:upload of DNA profiles
•
If award hinds are used for 1.)NA testing of evridentiary 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 he entered or uploaded into arty non-governmental DNA database without
prior express written approval from WA,
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 CODiS.
58. Encouragement of submission of"success stories"
•
WA strongly encourages the recipient to submit annual(or more frequent),JAG success stories.To submit a success
story.sign in to a My WA account at https:/ww w.bja.goviLogirt.aspx to access the Success Story Submission form.If;
the recipient does not yet have a My WA account,please register tit haps:liwww.bja.govfprofile.aspx.Once registered.
one of the available areas on the My WA page will be"My Success Stories."Within this box,there is an option to add
a Success Story.Once reviewed and approved by WA,all success stories will appear on the BJA Success Story web
page at hups://www.bja.g,ov/SuccessStoryListaspx.
59. Requirement to disclose whether recipient is designated"high risk"by a lederai 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 trust disclose that fact and certain related \
infornrmon to OAi'by email at OJP.0 omplianceReporting(a ulp.usdoA gov. For purposes of this disclosure,high risk €i
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.lite recipient's disclosure must include
the following: I.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient
was designated high risk.3.The high-risk point of contact at that federal awarding agency(name,phone number,and
entail address),and 4.The reasons for the high-risk status.as set out by the federal awarding agency.
till. Reclassification of various statutory provisions to a new Title 34 of the United Stares Code
On September I,2017.various statutory provisions previously codified elsewhere in the U.S.Code were editorially
reclassified to a new Title 34.entitled"Crime Control and Law Enforcement." 'lite reclassification encompassed a
number of statutory provisions pertinent to Oil)awards(that is.OAP grants and cooperative agreements),including
ninny provisions previously codified in Title 42 of the U.S.Code.
f:ffiertive as of September 1,2()17,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 las
determined by OW).and t(Grant Adjustment Notice(GAN)has been issued to remove this condition.
(}i1 FORM 4000 2(It EV,4-sti)
U.S. •
•
•
Department of Justice
Office of Justice Programs AWARD CONTTINUA'TION
46YBureau ofJustice Assistance SHEETr>;�ct. 2) r)r 21
Grant -
I �
pRsnEcr NUMBER 2017.).)..ti X-0$14 AWARD OA E 0t 252015 ..__..... _..._..._......{
SPEC/A COA'DiTiONS•
Cit. Withholding of funds:Disclosure.of pending applications
The recipient may not obligate.expend,or draw down any award funds until'(1)it has provided to the grant manager
for this OJP award either an applicant disclosure of pending applications"for federal fundin<,or a specific affirmative
statement that no such pending applications(whether direct or indirect)existin accordance with the detailed
instructions in the program solicitation.(2)0.IP has completes)its review oi•the information provided and of any
supplemental information it may request.(3)the recipient has made any adjustments to the award that OW may require
to prevent or eliminate any inappropriate duplication of funding(e.g.,budget modification,project scope adjustment).
(4)if appropriate adjustments to a discretionary award cannot be made,the recipient has agreed in writing to any
necessary reduction of the award amount in any amount sufficient to prevent duplication(as determined by OJP),and •
(5)a Grant Adjustment Notice has been issued to remove this condition.
63. Withholding of funds: Project abstract.
The recipient may not obligate,expend,or draw down any award funis until the recipient submits,and OJP review,
and accepts,the project abstract,and a Grant Adjustment Notice('(iAN)has been issued to remove this condition.
••
� 5 I
S tt
I i
E �
i)Jt'FORM 40002 DUN. -8,:)
PJ
U.S. Department of 'Justice
Office of Justice Programs
Bureau oJ.Jusli e Assistance
iPstshiirow.t7,C. 20331
Memorandum To: Official Grant File
From: Orbin Terry,NEPA Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for Hawaii County
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 ofJAG funding must assist WA in complying with NEPA
and other related federal environmental impact analyses requirements in the use of grant funds,whether the Rinds
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 Warty of the specified activities will be funded by the
°rang.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling ofa property located in an environmentally or historically sensitive area,
including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a
property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation,lease,or any proposed use ofa building or facility that will either(a)result in a change 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
c. Implementation ofa 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 andior an Environmental
Impact Statement,as directed by BJA. Further,for programs relating to methamphetamine laboratory operations,
the preparation ofa detailed Mitigation Plan will be required. For more information about Mitigation Plan
requirements,please see https:tfwww.bja.gov/Fundine'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 of Justice GRANT MANAGER'S MEMORANDUM, PT. is
Office ofJusticu Programs
PROJECT SUMMARY l
"'
I .3 Bureau of-Justice Assistance
Grant
PROJECT T NLUMBE;R
PAGE I OP I
2017-D1,44X-0514
•
This project is supported under FYI7(BJA-JAG State and J.q(i Lena)Title i of Pub.L.No,90-351(generally codified al 42 U.S.C.371 I-379711-5).including
subpart I apart E(codified at 42 U.S.C.3750-3758):see also 28 U.S.C:.530C(a),
1
1•
1.STAFF CONTACT(Name&telephone number) 1 2.PROJECT'DIRFCTOR(Name,address&telephone number)
Joseph Ilustedj Aisne Walla •
•
(202)333-4411 I 'Police Captain
349 Kapiol:ini Sweet
Flim.Ill 01720.3912 •
(1(08)961-2247
3a.'1(1)1 OE TI1l?PROGRAM 3b.POMS CODE.(SEIi INSTRUCTIONS (.
ON REVERSE.)
IUA FY 17 Edward Byrne Memorial,iustu,e Assistance.Grant(JAG)Program-Local Solicitation •
1 ,
i
4.TITLE OF PROJECT
PY 17 1..4ral JACI Program
5.NAME&ADDRESS OF GRANTEE Pf; 6,NAME&ADRESS OF SUBGRANTEE 1
Hawaii County
25 Atipeni Street
•
Illio,III 96720-4245 i
I 7.PROGRAM P);RIOD 1 S.BUDGET PERIOD
FROM: 10,01°2016 TO: 09;30:2020 FROM: M012016 TO: 09:30'202)) .
9.AMOUNT OF AWARD 10.DATE OF AWARD
1 S 11.3,387 . 08)26!2018
I I.SECOND YEAR'S BUDGET 12.SECOND YEAR'S Rl.))X.IET AMOUNT
I
i
13,TIMID YEAR'S BUDGET PERIOD 1 14.TFIIRD YEAR'S BUDGET AMOUNT
1
.11
115.SUMMARY DESCRIPTION OF PROJECT(Sec instruction on reverse) ,
The i dwa(d Byrne Memorial Instice Assistance Grant Program(JAG)allows stales and emits of local government.including tribes,to support a broad range of G
criminal justice related activities based On then'own state.and local needs and conditions.Crani funds can be used for state and local initiatives.technical assistance, '
trauung,personnel.equipment.supplies.contractual support,and information systems for criminal justice,including for any One or retire of thefollowing purpose
areas:1)law enforcement programs:2)plv eetition and court programs;3)prevention and education programs:41 corrections and community corrections programs:
I 5)drug treatment and enforcement programs:Ii)planning,evaluation,and technology improvement programs:7)crime victim and witness programs(other than
i compensation) and 8)mental health programs and related law enforcement and corrections programs.including behavioral programs and crisis intervention team.
[_ Tims Local ll JAG award will beused n,,o tori criminal justice initiatives that fall under one ormore of the allowable program areas above. egttinment
Pt i
OJP F ORa 40910"2(AB,.4-88)
r
purchases or funded initiatives such as overtime.task forces.dntg programs,information sharing,etc.will be aimed at reducing crime and/or enhancing
public/officer safety.
NCA/NCF
•
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•
1
•
•
•
•
1
•
d. i
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Edward Byrne Justice Assistance Grant Program
FY 2017 Local Solicitation
Certifications and Assurances
by the Chief Executive of the Applicant Government
On behalf of the applicant unit of local government named below, in support of that locality's application for an award
under the FY 2017 Edward Byrne Justice Assistance Grant("JAG") Program, and further to 34 U.S.C.§10153(a), I
certify to the Office of Justice Programs("OJP"), U.S. Department of Justice("USDOJ"),that all of the following are
true and correct:
1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make
the following representations on my own behalf and on behalf of the applicant unit of local government. I
understand that these representations will be relied upon as material in any OJP decision to make an award, under
the application described above,to the applicant unit of local government.
2. I certify that no federal funds made available by the award(if any)that OJP makes based on the application
described above will be used to supplant local funds, but will be used to increase the amounts of such funds
that would, in the absence of federal funds, be made available for law enforcement activities.
3. I assure that the application described above(and any amendment to that application)was submitted for review
to the governing body of the unit of local government(e.g., city council or county commission), or to an
organization designated by that governing body, not less than 30 days before the date of this certification.
4. I assure that, before the date of this certification—(a)the application described above(and any amendment to
that application)was made public;and (b)an opportunity to comment on that application(or amendment)was
provided to citizens and to neighborhood or community-based organizations,to the extent applicable law or
established procedure made such an opportunity available.
5. I assure that,for each fiscal year of the award(if any)that OJP makes based on the application described
above,the applicant unit of local government will maintain and report such data, records,and information
(programmatic and financial), as OJP may reasonably require.
6. I have carefully reviewed 34 U.S.C.§10153(a)(5),and,with respect to the programs to be funded by the award(if any), I
hereby make the certification required by section 10153(a)(5),as to each of the items specified therein.
7. I have examined the certification entitled"State or Local Government: FY 2017 Certification of Compliance with 8
U.S.C. § 1373"executed by the chief legal officer of the applicant government with respect to the FY 2017 JAG
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program��� 'f and submitted in support of the application described above, and I certify that I have no reason to
e that c tion to be false or otherwise incorrect.
/ SEP 2 4 2018
Signature of Chief Executive of the Applicant Unit of Date of Certification
Local Government
Paul K. Ferreira Police Chief
Printed Name of Chief Executive Title of Chief Executive
Name of Applicant Unit of Local Government
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Edward Byrne Justice Assistance Grant Program
FY 2017 State Solicitation
Certifications and Assurances
by the Chief Executive of the Applicant Government
On behalf of the applicant"State"named below, in support of that State's application for an award under the FY 2017
Edward Byrne Justice Assistance Grant("JAG")Program,and further to 34 U.S.C.§ 10153(a), I certify to the Office of
Justice Programs("OJP"), U.S. Department of Justice("USDOJ"),that all of the following are true and correct:
1. I am the chief executive of the applicant State named below,and I have the authority to make the following
representations on my own behalf and on behalf of the applicant State. I understand that these representations will
be relied upon as material in any OJP decision to make an award, under the application described above,to the
applicant State.
2. I certify that no federal funds made available by the award(if any)that OJP makes based on the application
described above will be used to,supplant State or local funds, but will be used to increase the amounts of such
funds that would, in the absence of federal funds,be made available for law enforcement activities.
3. I assure that the application described above(and any amendment to that application)was submitted for review
to the governing body of the State(e.g.,the State legislature), or to an organization designated by that governing
body, not less than 30 days before the date of this certification.
4. I assure that,before the date of this certification—(a)the application described above(and any amendment to
that application)was made public; and(b)an opportunity to comment on that application(or amendment)was
provided to citizens and to neighborhood or community-based organizations,to the extent applicable law or
established procedure made such an opportunity available.
5. I assure that,for each fiscal year of the award (if any)that OJP makes based on the application described
above,the applicant State will maintain and report such data, records, and information(programmatic and
financial),as OJP may reasonably require.
6. I have carefully reviewed 34 U.S.C.§10153(a)(5),and,with respect to the programs to be funded by the award(if any), I
hereby make the certification required by section 10153(a)(5),as to each of the items specified therein.
7. I have examined the certification entitled"State or Local Government: FY 2017 Certification of Compliance with 8
U.S.C. § 1373"executed by the chief legal officer of the applicant government with respect to the FY 2017 JAG
program and submitted in support of the application described above, and I certify that I have no reason to
believe that certification to be false or otherwise incorrect.
Signature of Chief Executive of the Applicant"State" Date of Certification
Printed Name of Chief Executive Title of Chief Executive
Name of Applicant State
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
State or Local Government: FY 2017 Certification of Compliance with 8 U.S.C. § 1373
On behalf of the applicant government entity named below,and in support of its application, I certify to the Office of Justice
Programs("OJP"),U.S. Department of Justice("USDOJ"),that all of the following are true and correct:
(1) I am the chief legal officer of the State or local government of which the applicant entity named below is a part("the
jurisdiction"),and I have the authority to make this certification on behalf of the jurisdiction and the applicant entity(that
is,the entity applying directly to OJP). I understand that OJP will rely upon this certification as a material
representation in any decision to make an award to the applicantentity.
(2) I have carefully reviewed 8 U.S.C.§1373(a)and(b),including the prohibitions on certain actions by State and local
government entities,-agencies,and-officials regarding information regarding citizenship and immigration status.I also
have reviewed the provisions set out at(or referenced in)8 U.S.C.§1551 note("Abolition... and Transfer of
Functions"), pursuant to which references to the"Immigration and Naturalization Service"in 8 U.S.C.§1373 are to be
read,as a legal matter,as references to particular components of the U.S.Department of Homeland Security.
(3) I(and also the applicant entity)understand that the U.S.Department of Justice will require States and local
governments(and agencies or other entities thereof)to comply with 8 U.S.C.§ 1373,with respect to any"program or
activity"funded in whole or in part with the federal financial assistance provided through the FY 2017 OJP program
under which this certification is being submitted("the FY 2017 OJP Program"identified below),specifically including
any such"program or activity"of a governmental entity or-agency that is a subrecipient(at any tier)of funds under the
FY 2017 OJP Program.
(4) I(and also the applicant entity)understand that,for purposes of this certification,"program or activity"means what it
means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.§2000d-4a),and that terms used in this certification
that are defined in 8 U.S.C.§1101 mean what they mean under that section 1101,except that the term"State"also
shall include American Samoa(cf.34 U.S.C.§10251(a)(2)).Also,I understand that,for purposes of this certification,
neither a"public"institution of higher education(i.e.,one that is owned,controlled,or directly funded by a State or local
government)nor an Indian tribe is considered a State or local government entity or-agency.
(5) I have conducted(or caused to be conducted for me)a diligent inquiry and review concerning the following (which,
for the specific purpose of this paragraph 5,shall not be understood to include any"program or activity"of any
subrecipient at any tier):
(a) the"program or activity"to be funded(in whole or in part)with the federal financial assistance sought
by the applicant entity under this FY 2017 OJP Program;and
(b) any prohibitions or restrictions potentially applicable to the"program or activity"sought to be funded
under the FY 2017 OJP Program that deal with sending to,requesting or receiving from,maintaining,
or exchanging information of the types described in 8 U.S.C.§1373(a)or(b),whether imposed by a
State or local government entity,-agency,or-official.
(6) As of the date of this certification, neither the jurisdiction nor any entity,agency,or official of the
jurisdiction has in effect,purports to have in effect,or is subject to or bound by,any prohibition or any
restriction that would apply to the"program or activity"to be funded in whole or in part under the FY 2017 OJP
Program(which,for the specific purpose of thisparagraph 6,shall not be understood to include anysuch
P PrP
"program or activity"of any subrecipient at any tier),and that deals with either—(1)a government entity
or-official sending or receiving information regarding citizenship or immigration status as described in 8
U.S.C.§1373(a);or(2)a government entity or-agency sending to,requesting or receiving from,maintaining,
or exchanging information of the types(and with respect to the entities)described in 8 U.S.C.§1373(b).
Signature of Chief Legal Officer of the Jurisdiction Printed Name of Chief Legal Officer
Date of Certification Titlef
o Chief Legal Officer of the Jurisdiction
Name of Applicant Government Entity(i.e.,the applicant to the FY 2017 OJP Program identified below)
FY2017 OJP Program: Byrne Justice Assistance Grant("JAG") Program