Item 05 Approval to Accept the Bureau of Justice Assistance (BJA) FY 22 Edward Byrne Memorial Justice Assistance Grant (JAG)Contact Name:
Contact Number:
Meeting Date: November 15, 2022
Item #
Chief Saima Plasencia
407.905.3163
91
Reviewed By: ;SA. If --
Department Director: Chief Saima Plase_ cia
City Manager: Rob Frank �
Background Summary:
The Bureau of Justice Assistance (BJA) offers the Edward Byrne Memorial Justice Assistance Grant Direct (JAG)
Program to local governments to support a range of program areas to include law enforcement and technology
improvements. The Police Department has submitted a grant proposal to fund portable license plate reader
system. The license plate reader system will be used to investigate criminal activity based on crime data.
Capturing the vehicle information at the site of identified crime trends is essential to solving the crimes,
identifying criminals, and reducing victimization in our City. The BJA has selected the proposal and awarded the
City a grant in the amount of $12,188 to fund the project.
Issue:
Should the Honorable Mayor and Board of City Commissioners authorize the acceptance of $12,188 in BJA grant
funding of the Edward Byrne Memorial Justice Assistance Grant to support the license plate reader system?
Recommendations:
It is recommended that the Honorable Mayor and Board of City Commissioners authorize the acceptance of
$12,188 in BJA grant funding of the Edward Byrne Memorial Justice Assistance Grant to support the license plate
reader program
Attachments:
Award Letter, Award Information, Project, and Financial Information, Award Conditions, and Award Acceptance.
Financial Impact:
$12,188 available to the Ocoee Police Department through the BJA FY 22Edward Byrne Memorial Justice
Assistance Grant. No matching fiends are required by the City.
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Type of Item: (please mark with an 'k')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
_ Resolution
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept
Reviewed by
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
N/A
N/A
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U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Certifications and Assurances by the Chief Executive of the Applicant Gvernr ent
On behalf of the applicant unit of local government named below, in support of that locality's application for an award
under the FY 2022 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. 1 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 as chief executive 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. 1 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. 1 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. 1 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. 1 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. 1 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.
Signature of Chief Executive of the ApplicantUnit of Date of Certification
Local Government
Rusty Johnson Mayor
Printed Name of Chief Executive Title of Chief Executive
City of Ocoee
Name of Applicant Unit of Local Government
Rev. April 26, 2022
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®VITF_Tit+LR UM
September 23, 2022
Dear Vanna Lawitzke,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice
Programs (OJP) has approved the application submitted by OCOEE, CITY OF for an award under the
funding opportunity entitled 2022 BJA FY 22 Edward Byrne Memorial Justice Assistance Grant Program -
Local Solicitation. The approved award amount is $12,519.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements
before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project
Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and
OVW funding the Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award
Offer, but also compliance with assurances and certifications that relate to conduct during the period of
performance for the award. These requirements encompass financial, administrative, and programmatic
matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff
should receive the award conditions, the assurances and certifications, and the application as approved
by OJP, so that they understand the award requirements. Information on all pertinent award requirements
also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate
remedies for non-compliance, which may include termination of the award and/or a requirement to repay
award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award
Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity
Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal
authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the
Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System
(JustGrants), including by executing the required declaration and certification, within 45 days from the award
date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP)
system, if you haven't already completed the enrollment process in ASAP. The Entity Administrator should
have already received an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Maureen Henneberg
Deputy Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
(DOJ) has been delegated the responsibility for ensuring that recipients of federal financial
assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office
on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several
federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the
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Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that
they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal
financial assistance from DOJ from discriminating in services and employment because of race,
color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against
Women Act, sexual orientation and gender identity. Recipients are also prohibited from
discriminating in services because of age. For a complete review of these civil rights laws and
nondiscrimination requirements, in connection with DOJ awards, see
https://ojp.gov/funding/Explore/LegalOverview/CiviIRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against
recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance
reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to
evaluate whether recipients of financial assistance from the Department are providing services in a
nondiscriminatory manner to their service population or have employment practices that meet equal -
opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the
Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice
system, there are two additional obligations that may apply in connection with the awards: (1)
complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2)
submitting findings of discrimination to OCR. For additional information regarding the ESOP
requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements
when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5).
The OCR is available to help you and your organization meet the civil rights requirements that are
associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your
organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial
assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov.
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages
NEPA Letter
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments
to support a broad range of activities to prevent and control crime and to improve the criminal justice
system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA
in complying with NEPA and other related federal environmental impact analyses requirements in the
use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.
Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine
if any of the specified activities will be funded by the grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive
area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered
species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change
in its basic prior use or (b) significantly change its size;
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d. Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example, in
office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations,
including the identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an
Environmental Impact Statement, as directed by BJA. Further, for programs relating to
methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required.
For more information about Mitigation Plan requirements, please see
NEPA Coordinator
First Name Middle Name Last Name
Orbin
> Award Information
> Project Information
> Financial Information
> Award Conditions
> Award Acceptance
Terry
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Award> Award Letter
Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Recipient Information
Recipient Name
OCOEE, CITY OF
UEI
GZKBHH3CMZP8
Street 1 Street 2
150 N LAKESHORE DR
City State/U.S. Territory
OCOEE Florida
Zip/Postal Code Country
34761 United States
County/Parish Province
Federal Award Date Award Type
9/23/22 Initial
Award Number Supplement Number
15PBJA-22-GG-02765-JAGX 00
Federal Award Amount Funding Instrument Type
$12,519.00 Grant
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Assistance Listing Number Assistance Listings Program Title
16.738 Edward Byrne Memorial Justice Assistance Grant Program
Statutory Authority
Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of
part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a)
VL
1 have read and understand the information presented in this section of the Federal Award Instrument.
> Project Information
> Financial Information
> Award Conditions
> Award Acceptance
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Aninn lnnnn nmm�innnn
Budget Period Start Date Budget Period End Date
10/01 /2021 09/30/2023
Project Description
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows units of local
government, including tribes, to support a broad range of activities to prevent and control crime
based on their own state and local needs and conditions. Grant funds can be used for state and
local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support,
and information systems for criminal justice or civil proceedings, including for any one or more of
the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3)
prevention and education programs; 4) corrections and community corrections programs; 5) drug
treatment and enforcement programs; 6) planning, evaluation, and technology improvement
programs; 7) crime victim and witness programs (other than compensation); 8) mental health
programs and related law enforcement and corrections programs, including behavioral programs
and crisis intervention teams; and 9) implementation of state crisis intervention court proceedings
and related programs or initiatives, including but not limited to: mental health courts; drug courts;
veterans courts; and extreme risk protection order programs.
VL
l have read and understand the information presented in this section of the Federal Award Instrument.
�o Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
l have read and understand the information presented in this section of the Federal Award Instrument.
-,o Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
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Compliance with general appropriations -law restrictions on the use of federal funds (FY 2022)
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, 2022, are set out at
https://www,ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference
here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient)
would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for
guidance, and may not proceed without the express prior written approval of OJP.
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as
adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements")
apply to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022
award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded
during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under
that award number (regardless of the award date, and regardless of whether derived from the initial award
or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards
and subawards ("subgrants"), see the OJP website at
https:Hojp.gov/funding/Part2000niformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient
("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the
final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient
(and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement
information, in addition to the financial records, supporting documents, statistical records, and other
pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award -related question arises from documents or other materials prepared or distributed
by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform
Requirements, the recipient is to contact OJP promptly for clarification.
Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the
event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses,
processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information
(PII)" (2 CFR 200.1) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a
"Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a
requirement to report actual or imminent breach of PH to an OJP Program Manager no later than 24 hours
after an occurrence of an actual breach, or the detection of an imminent breach.
OJP Training Guiding Principles
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Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier --
develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees
and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-
and-subgrantees.
Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers 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 October 15, 2020,
will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during
the period of performance, the new Grant Award Administrator or Financial Manager must have successfully
completed an "OJP financial management and grant administration training" by 120 calendar days after the
date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in
JustGrants. Successful completion of such a training on or after January 1, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training"
for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy
this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails
to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional
appropriate conditions on this award.
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may
withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding
agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required
by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise
in connection with audits, investigations, or reviews of DOJ awards.
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or
certifications submitted by or on behalf of the recipient that relate to conduct during the period of
performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine
that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award.
Any such exceptions regarding enforcement, including any such exceptions made during the period of
performance, are (or will be during the period of performance) set out through the Office of Justice Programs
("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions"
(ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all
material requirements of the award, and specifically adopts, as if personally executed by the authorized
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recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to
conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a
condition incorporated by reference below, or an assurance or certification related to conduct during the
award period -- may result in OJP taking appropriate action with respect to the recipient and the award.
Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.
DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or
concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18
U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties
and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-
3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that
provision shall 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.
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 (as may be applicable from time to time), specifically including any applicable
requirements regarding written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination
on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate
in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and
subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as
rules and requirements that pertain to recipients and subrecipients that are faith -based or religious
organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently
accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial
Administration, Chapter 1, Part 38, under e-CFR "current" data.
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.
1
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
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The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions
of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances,
discrimination against an employee as reprisal for the employee's disclosure of information related to gross
mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal
grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the
workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient
is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings,
trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws,
regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting
requirements, where applicable) governing the use of federal funds for expenses related to conferences (as
that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and
costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in
the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants
Financial Guide").
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Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under
this award. The data must be provided to OJP in the manner (including within the timeframes) specified by
OJP in the program solicitation or other applicable written guidance. Data collection supports compliance
with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and
other applicable laws.
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de
minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect
cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all
associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only
to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved
by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or
an associated federal statute -- that a purpose of some or all of the activities to be carried out under the
award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years
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of age.
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The recipient, and any subrecipient at any tier, must make determinations of suitability before certain
individuals may interact with participating minors. This requirement applies regardless of an individual's
employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-
Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who
may interact with participating minors), and are incorporated by reference here.
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Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency
outside of DOJ
If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any
time during the course of the period of performance under this award, the recipient must disclose that fact
and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes
of this disclosure, high risk includes any status under which a federal awarding agency provides additional
oversight due to the recipient's past performance, or other programmatic or financial concerns with the
recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that
currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -
risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The
reasons for the high -risk status, as set out by the federal awarding agency.
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP
website (currently, the "DOJ Grants Financial Guide" available at
https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the
period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74
Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt
and enforce policies banning employees from text messaging while driving any vehicle during the course of
performing work funded by this award, and to establish workplace safety policies and conduct education,
awareness, and other outreach to decrease crashes caused by distracted drivers.
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding
agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is
designated as "high -risk" for purposes of the DOJ high -risk grantee list.
Employment eligibility verification for hiring under the award
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1. The recipient (and any subrecipient at any tier) must --
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded
(in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment
eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in
activities under this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the
United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the
award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C.
1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements),
maintain records of all employment eligibility verifications pertinent to compliance with this award condition
in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications
and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be
obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure
compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically
includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will
be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with
award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,
the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov),
provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify
(and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a
"Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States
that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the
United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any
tier, or any person or other entity, to violate any federal law, including any applicable civil rights or
nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any
subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8
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U.S.C. 1324a(a)(1).
Active Funded Award
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify
website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can
email E-Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award
acceptance.
Restrictions and certifications regarding non -disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract
or subcontract with any funds under this award, may require any employee or contractor to sign an internal
confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict,
the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement
representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which
relates to sensitive compartmented information), or any other form issued by a federal department or agency
governing the nondisclosure of classified information.
1. In accepting this award, the recipient --
a. represents that it neither requires nor has required internal confidentiality agreements or statements from
employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or
restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to
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 of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement
contracts, or both --
a, it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award
funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement
contract) either requires or has required internal confidentiality agreements or statements from employees or
contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees
or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this
representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that
receives funds under this award is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of
waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to
or by that entity, will provide prompt written notification to the federal agency making this award, and will
resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
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Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were
editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law
Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards
(that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42
of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has
been reclassified to the new Title 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.
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All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https:Hojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants")
must have specific federal authorization), and are incorporated by reference here.
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Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management
(SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding
registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier
subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and
provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the
OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management
(SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e.,
unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
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Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or
any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment,
repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C.
1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that
otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or
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any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a
Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of
a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions
such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this
law apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient)
would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and
may not proceed without the express prior written approval of OJP.
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Specific post -award approval required to use a noncompetitive approach in any procurement contract that
would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
to obtain specific advance approval to use a noncompetitive approach in any procurement contract that
would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to
agreements that -- for purposes of federal grants administrative requirements -- OJP considers a
procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement
contract under an OJP award are posted on the OJP web site at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award
approval required to use a noncompetitive approach in a procurement contract (if contract would exceed
$250,000)), and are incorporated by reference here.
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting
requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
(including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of
persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for
purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are
posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award
condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including
reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award
of federal funds during the period of performance for this award, the recipient promptly must determine
whether funds from any of those other federal awards have been, are being, or are to be used (in whole or
in part) for one or more of the identical cost items for which funds are provided under this award. If so, the
recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the
potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or
change -of -project -scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of
funding.
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Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the
Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor,
subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that
violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict
of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be
reported to the OIG by--(1) online submission accessible via the OIG webpage at
https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S.
Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting,
950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG
Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of
$30,000 or more and, in certain circumstances, to report the names and total compensation of the five most
highly compensated executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award
funds. The details of recipient obligations, which derive from the Federal Funding Accountability and
Transparency Act of 2006 (FFATA), are posted on the OJP web site at
https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive
Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or
(2) an award made to an individual who received the award as a natural person (i.e., unrelated to any
business or non-profit organization that he or she may own or operate in his or her name).
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to
cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews,
enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO
all documentation necessary to complete monitoring tasks, including documentation related to any
subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by
BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant
monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited
to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the
Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination
of an award(s).
Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes,
regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable
conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of
subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds
by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and
procedures for monitoring of subawards under this award.
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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.
Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information
Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the
Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ /
it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned
approaches to information sharing and describe compliance with the GSP and appropriate privacy policy
that protects shared information, or provide detailed justification for why an alternative approach is
recommended.
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement
information sharing systems which involve interstate connectivity between jurisdictions, such systems shall
employ, to the extent possible, existing networks as the communication backbone to achieve interstate
connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not
be cost effective or would impair the functionality of an existing or proposed IT system.
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Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the
recipient (and any 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 OJP determine 28
C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the
regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C.
10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and
all OJP policies and procedures regarding the protection of human research subjects, including obtainment
of Institutional Review Board approval, if appropriate, and subject informed consent.
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34
U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or
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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.
The award recipient agrees to participate in a data collection process measuring program outputs and
outcomes. The data elements for this process will be outlined by the Office of Justice Programs.
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data
collection requests, including, but not limited to, the provision of any information required for the assessment
or evaluation of any activities within this project.
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Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with
award funds who is a task force commander, agency executive, task force officer, or other task force
member of equivalent rank, must complete required online (internet-based) task force training. Additionally,
all future task force members must complete this training once during the period of performance for this
award, or once every four years if multiple OJP awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force
Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other
key issues including privacy and civil liberties/rights, task force performance measurement, personnel
selection, and task force oversight and accountability. If award funds are used to support a task force, the
recipient must compile and maintain a task force personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task
Force Integrity and Leadership (www.ctfli.org).
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Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A
detailed justification must be submitted to and approved by the OJP program office prior to obligation or
expenditure of such funds.
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recipient understands that, in accepting this award, the Authorized Representative declares and
certifies, among other things, that he or she possesses the requisite legal authority to accept the award on
behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to
conduct throughout the period of performance under this award. The recipient further understands, and
agrees, that it will not assign anyone to the role of Authorized Representative during the period of
performance under the award without first ensuring that the individual has the requisite legal authority.
Compliance with National Environmental Policy Act and related statutes
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Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National
Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal
environmental impact analyses requirements in the use of these award funds, either directly by the recipient
or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will
be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the
following activities will be funded by the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they
are being specifically funded with these award funds. That is, as long as the activity is being conducted by
the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these
award funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a
property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its
basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office,
household, recreational, or education environments; and
e. Implementation 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 of a Mitigation Plan, as detailed at
https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon
specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program
environmental assessment of that funded program or activity.
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a
subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain
advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2
C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses
incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant
Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any
interest earned) during the period of performance for the award and expend within 90 days thereafter. Any
unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of
closeout.
All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally,
State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports
through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance
reports through JustGrants. Consistent with the Department's responsibilities under the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide
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data that measure the results of its work. The recipient must submit quarterly performance metrics reports
through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more
detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements
webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant
funds and future High Risk designation.
Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit
quarterly accountability metrics data related to training that officers have received on the use of force, racial
and ethnic bias, de-escalation of conflict, and constructive engagement with the public.
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Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program
statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent
circumstances exist, making such expenditures essential to the maintenance of public safety and good
order.
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after
October 1, 2021
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the
award. As of the first day of the period of performance for the award (October 1, 2021), however, the
recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred
at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2)
all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A
withholding condition is a condition in the award document that precludes the recipient from obligating,
expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs
incurred "at -risk," if and when the recipient makes a valid acceptance of this award and OJP removes each
applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized
to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the
period of performance (such as project costs incurred prior to award acceptance or prior to removal of an
applicable withholding condition), provided that those project costs otherwise are allowable costs under the
award.
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be
uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a
government DNA laboratory with access to CODIS. No profiles generated under this award may be entered
or uploaded into any non -governmental DNA database without prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA
profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS
agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking
Operational Procedures Manual).
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