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HomeMy WebLinkAbout09045 ORDINANCE NO. 9045 AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF JUSTICE 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE (2016 JAG) GRANT, AWARD NO. 2016- DJ-BX-0558, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PS1606, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $95,787, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, AND THE CITY MANAGER TO EXECUTE RELATED CERTIFICATIONS, ASSURANCES AND OTHER DOCUMENTS WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to accept grants from the federal government for public and municipal purposes and to enter into agreements relating thereto; and WHEREAS, the United States Department of Justice (“DOJ”) has tendered a Justice Assistance Grant Award No. 2016-DJ-BX-0558 (the “Award”) in the amount of $95,787 upon conditions recited therein or incorporated therein by reference; and WHEREAS, acceptance of the Award for the purposes for which it has been made is in the best interest of the City and will benefit the health, welfare and safety of the citizens of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Awarding of Grant No. 2016-DJ-BX-0558 to the City of Pueblo, a true copy of which is attached hereto, is hereby approved and accepted in accordance with its terms and conditions. SECTION 2. The President of the City Council is authorized to execute the Grant Award acceptance in the name of and on behalf of the City, and the City Manager is authorized to execute any and all other certifications, assurances and other documents associated therewith. SECTION 3. Project Number PS1606 (2016 JAG) is hereby established, and the amount of $95,787 is budgeted and appropriated therefore. SECTION 4. The Grant Award Funds shall be deposited in an interest bearing trust fund account that is specifically designated for the Justice Assistance Grants Program (“Program”). The funds in the account, including interest thereon, shall only be expended and used for the Program, and shall be so obligated and expended by September 30, 2019, provided, however, that none of the funds shall be spent or obligated until all applicable conditions precedent for expenditure of Grant Funds have been satisfied, as set forth in the Grant’s Special Conditions. SECTION 5: The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached awardto effectuate the policies and procedures described herein. SECTION 6. This Ordinance shall become effective upon final passage. INTRODUCED: September 12, 2016 BY: Ed Brown PASSED AND APPROVED:September 26, 2016 City Clerk’s Office Item # R-7 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: September 12, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Chief Luis Velez – Police Department SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF JUSTICE 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE (2016 JAG) GRANT, AWARD NO. 2016-DJ-BX-0558, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PS1606, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $95,787, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, AND THE CITY MANAGER TO EXECUTE RELATED CERTIFICATIONS, ASSURANCES AND OTHER DOCUMENTS SUMMARY: Attached is Award No. 2016-DJ-BX-0558. It includes pages 2-12 which are the award’s Special Conditions. PREVIOUS COUNCIL ACTION: The FY2016 JAG Local Solicitation is an annual formula grant that has been in existence for the past twelve (12) years. The City and County of Pueblo have received $1,642,198 in JAG Local Solicitation funds since its inception. On June 13, 2016 Council approved Resolution No. 13448 authorizing the application for the award and approving the required MOU with Pueblo County. BACKGROUND: The Edward Byrne Memorial Justice Assistance Grant (JAG) Program provides funds to units of local government for the purpose of improving law enforcement technology and upgrading necessary equipment. The program is designed to help local communities address problems specific to their area. FINANCIAL IMPLICATIONS: This grant funding represents $95,787 to the City and County of Pueblo with no required match. The City’s share of the $95,787 is $72,798 and the remaining amount is paid to the County. The City is responsible for administering the drawdown of the grant. The County provides the City with quarterly reports which are monitored by the Police Department. The City’s share will be used to fund seven (7) Police Department equipment projects, including desktop, laptop, and other computer-related equipment for the entire department, computer tablets and mobile printers for Code Enforcement, SWAT equipment, and officer safety equipment for Patrol officers (see attachment for detailed list of proposed equipment). BOARD/COMMISSION RECOMMENDATION: Not Applicable STAKEHOLDER PROCESS: City and County law enforcement leaders have met and agreed to the distribution terms of this annual formula grant since its inception in 2005. A signed MOU between the City and County is a requirement for acceptance of the award. City Council, and all other related stakeholders, signed the MOU in conjunction with approved Resolution No. 13448. Additionally, a public meeting, to receive public comments on the expenditures, is a requirement of the award. That public meeting occurred on May 26, 2016. The City and County Attorney Offices, as well as the City Finance Department, have reviewed and approved the attached award documents including the Special Conditions. ALTERNATIVES: The FY2016 JAG Local Solicitation is an annual formula grant that has been in existence for the past twelve (12) years. The City and County of Pueblo have received $1,546,411 in JAG funds since its inception. Acceptance of this award will bring the total received to $1,642,198. In order to receive the funds, the City and County of Pueblo must sign the award document and initial each page of the Special Conditions in the lower right hand corner RECOMMENDATION: Approval of the Ordinance. Attachments: Award Document for 2016-DJ-BX-0558 Special Conditions Pages 2-12 Itemization of JAG Projects List FY2016 Justice Assistance Grant (JAG) Local Solicitation Projects & Programs Application # 2016-H2961-CO-DJ Disparate Certification A disparate allocation occurs when a city or municipality is scheduled to receive one and one-half times(150 percent) more than a county with concurrent jurisdiction, while that county bears more than 50 percent of the costs associated with prosecution or incarceration of the municipality's Part 1 violent crime. Multiple disparate allocations occur when multiple cities or municipalities are collectively eligible to receive four times (400 percent) more than the county. JAG disparate jurisdictions are certified by the Director of the Bureau of Justice Assistance(BJA), based in part on input from the state's Attorney General. For a listing of disparate jurisdictions, go to www.oip.usdoi.gov/BJA/recovervJAG/recovervallocations.html. Name of Project Agency Amount Description a- This;project proposes to purchase_technical equipment for enforcement andpublic safety•use'including desk ft4p Desktop Computers computersr(towers, monitors keyboards,'etc),and laptop 1 Replacement Pro ect, . PPD`t,j $24,266. computers,; - " ' _ Misc,Computer Equip This;pr'ojectiincludes towers monitors, keyboards and thermal 2 ReplacementrProject , PPD ,.$15,000- . mobile printers.. ThePueblo:Police`Deparfinent's P;olice Academy is gearing up to conduct a`training academy forup to twenty(20) new;officers Trammg Academy Computer u; in late-2016: Their currentcomputers are severely outdated 3Replacement Project , PPD`: $17,974 , . and requires replacement ' ` This;project'includes CE°tablets and mobile printers to r`epl ce Code Enforcement Tablet and e' desktop computers. Thisis the:final stage of a,3-year.:plan to 4 Mobile:printerP,roject ': PPD:: ,,.;$3,528" ' accomplish`this project This',projects proposes to purchase additional software to aid Hi Tech Crimes Unit Cell investigators in.retrievingell'phone data from cell ph ed, ones 5 Phone;Software Project PPD $3,225 seizas eviden _'incea.variety of case types. This project proposes to•purchase"six (6) ballasts blankets to ',s be utilized.in emergencysituations to provide safe coverfor Patrol Division Ballastic officers in cases where officer/citizen extractions'from active 6 ,Blankets;Project ' :_ PPD� $6,000 ' shootersituations-:is required. SWAT Exigent Entry Tools • This.:project proposes to purchase`exigent entry tools for SWAT 7 Project , PPD;; $2,805 ; utilization,where the situation calls for such tools.. $72,798 31r' a, a� a ik`„`# T"'a x` a x„lpya``.✓....'^..i`,a�'i.,..-- �4 . '.., f't ?'' Mr �'. ,�..},.,e �, „fi •: { " This.,project,,,proposes to"purchase and utilize an�l�additional Pole: ” k 1 s es Camera and related hard"ware andxsoftware to enhance their ,� a.* 't d"�h �'. ��. #.. "�,.'rM � f '?c� . x y r,"` a-6��.;.*'.•y, � ..�'3w �' rk ,.. -t.�a'�`x".�ay;; ' .0 .p, ..� � .. 8 P:CSO PolXe#Camera Project,,, ,;ti;PCSOA l £b$9,250; #,w,,, abilitieshtog detect"and document<ille al narcotic active Kar$M-'5 .. ,, ,,''r. m Y ? ::.,�''' t e m.ws ova"3 5 ':`t r' ..,,-,.'" zt ;* .5;... »mow +m ''� � ,,,�f ,',k. 7,✓ Mfr t '�r,,eyr i This project proposes,to purchase,and utilize aradar trailer for 9 PCSO�Radar:Trailer Project PCSO i 1.&$5,400V H=w:.:;II use inEtraff c and speed1:enforcement activitiea ,k,y ,,,* f T,hisprojectproposes to replace<a key controlled security door PCSO Security Door antl r` with an automated security door'and purchase;a new circuitw :%�.,.i ..ng *��si ;; �w..r�i 10 „ ,, LockiBoard Projecte r„ PCSO , ,,x$3,741 ,_.ire_, ,¥il „ ,. board for an existing securityfrdoor k a r $18,391 This project proposes to purchase security cameras, monitors, Safety and Security Project for and related software to enhance the District Attoney's Office's 11 the District Attorney Offices PC DA $4,598 safety and security of their premises. $4,598 Total Grant Amount= $95,787 U,S.Department of Justice Office of Justice Programs PAGE I OF 12 Bureau of Justice Assistance Grant �I311'•' I.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4 AWARD NUMBER: 2016-DJ-BX-0558 City of Pueblo P 0 Box 1427 5.PROJECT PERIOD:FROM 10/01/2015 TO 09/30/2019 Pueblo,CO 81002 BUDGET PERIOD:FROM 10/01/2015 TO 09/30/2019 6,AWARD DATE 08/29/2016 7,ACTION 2a.GRANTEE IRS/VENDOR NO_ 18.SUPPLEMENT NUMBER Initial 846006151 00 2b.GRANTEE DUNS NO. 556467256 9.PREVIOUS AWARD AMOUNT S 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD S 95,787 Law Enforcement Resource Enhancement Project FY2016 11.TOTAL AWARD S 95,787 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13 STATUTORY AUTHORITY FOR GRANT This project is supported under FY16(BJA-JAG)42 USC 3750,et seq. 14 CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number) 16.738-Edward Byrne Memorial Justice Assistance Grant Program 15,METHOD OF PAYMENT GPRS 1 k,;;;' ,;;.;v.'" •:7,1:-`.:!,, AGENCY APPROVAL ,>t.„aa°„"„ ", tvOf-Pa. j.,1,;', t X,„'t r;ili ee,:n h GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL I8.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise O'Donnell Stephen G Nawrocki Director City Council President 17 SIGNATURE OF APPROVING OFFICIAI. 19. I N:\� ) .' OF AUT I IZED RECIPIENT OFFICIAL 19A.DATE AGENCY USE ONLY ^Z',s1"s 3 `,i 4,...(' t', ,.*+. ;"wr 4') ,.+? ro,1 20,ACCOUNTING CLASSIFICATION CODES 21. RDJUGT0564 FISCAL FUND BUD. DIV YEAR CODE ACI'. OFC.• REG. SUB, POMS AMOUNT X B DJ 80 00 00 95787 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. 01P FORM 4000/2(REV 4-88) r*�;;�";' U.S.Department of Justice ,4` Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 12 Grant PROJECT NUMBER 2016-DJ-BX-0558 AWARD DATE 08/29/2016 SPECIAL CONDITIONS I. 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 the Department of Justice(DOJ)in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this 2016 award from the Office ofJustice Programs(OJP). The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014, If this 2016 award supplements funds previously awarded by OJP under the same award number(e.g.,funds awarded in 2014 or earlier years),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 2016 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"),see the Office ofJustice Programs(OJP)website at http://ojp.gov/funding/Part200UniformRequirements.htm. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the recipient is to contact OJP promptly for clarification. 2. Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently,the"2015 DOJ Grants Financial Guide"),including any updated version that may be posted during the period of performance. 3. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully completed an"OJP financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1,2015,will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or after January 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 at http://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. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION '" Bureau of Justice Assistance SHEET PAGE 3 OF 12 t4 G ;.....,rY".v" /r G rant PROJECT NUMBER 2016-DJ-BX-0558 AWARD DATE 08/29/2016 SPECIAL CONDITIONS 4. 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. 5. 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 DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. 6. Requirements related to System for Award Management and Unique Entity Identifiers The recipient must comply with applicable requirements regarding the System for Award Management(SAM), currently accessible at http://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 http://ojp.gov/funding/Explorc/SAM.htm(Award condition: System for Award Management(SAM)and Universal Identifier Requirements),and are incorporated by reference here. This special 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). 7. 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 http://ojp.gov/funding/Explore/SubawardAuthorization.htm(Award condition: Award Condition: All subawards ("subgrants")must have specific federal authorization),and are incorporated by reference here. 01P FORM 4000/2(REV..4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION i d Bureau of Justice Assistance SHEET PAGE 4 OF 12 Grant PROJECT NUMBER 2016-DJ-BX-0558 AWARD DATE 08/29/2016 SPECIAL CONDITIONS 8. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed$150,000 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold(currently,$150,000). This condition applies to agreements that--for purposes of federal grants administrative requirements--OJP considers a procurement"contract"(and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at http://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$150,000)),and are incorporated by reference here. 9. 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 http://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. 10. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and other events The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations, policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ), including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"2015 DOJ Grants Financial Guide"). 11. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of activities 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,and other applicable laws. l2. OJP Training Guiding Principles Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantecs, available at http://ojp.gov/funding/ojptrainingguidingprinciples.htm. 01P FORM 4000/2(REV.4-88) �ir, , U.S.Department of Justice it" . Office of Justice Programs AWARD CONTINUATION 1`tix j' ?,4 Bureau of Justice Assistance SHEET PAGE 5 OF 12 ig 6t:.,;, Grant PROJECT NUMBER 2016-DJ-BX-0558 AWARD DATE 08/29/2016 SPECIAL CONDITIONS 13. 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. 14. 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. IS. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.P.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. 16. 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 subrecipients that are faith-based or religious organizations. The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is available via the Electronic Code of Federal Regulations(currently accessible at http://www.ecfr.gov/cgi- bin/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under e-CFR"current" data. 17. Restrictions on"lobbying" Federal funds 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. 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 this prohibition,the recipient is to contact OJP for guidance,and may not proceed without the express prior written approval of OJP. 01P FORM 4000/2(REV.4-88) U.S.Department of Justice Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF 12 Grant PROJECT NUMBER 2016-DJ-BX-0558 AWARD DATE. 08/29/2016 SPECIAL CONDITIONS 18. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2016) 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,2016,are set out at http://ojp.gov/funding/Explore/FY2016- AppropriationsLawRestrictions.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. 19. Reporting Potential Fraud,Waste,and Abuse,and Similar Misconduct The recipient and any subrecipients("subgrantees")must promptly refer to the DOJ Office of the Inspector General (010)any credible evidence that a principal,employee,agcnt,subrecipient,contractor,subcontractor,or other person has,in 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 OIG by--(1)mail directed to:Office of the Inspector General,U.S.Department of Justice,Investigations Division, 950 Pennsylvania Avenue,N.W.Room 4706,Washington,DC 20530;(2)e-mail to:oig.hotline@usdoj.gov;and/or(3) the DOJ 010 hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)616-9881 (fax). Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig. OJP FORM 4000/2(REV 4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION • Bureau of Justice Assistance SHEET PACE 7 OF 12 �._ Grant PROJECT NUMBER 2016-DJ-BX-0558 AWARD DATE 08/29/2016 SPECIAL CONDITIONS 20. 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. I. 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-- (I) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(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. OW FORM 4000/2(REV 4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION t ".` f i Bureau of Justice Assistance SHEET PAGE 8 OF 12 a Grant PROJECT NUMBER 2016-DJ-BX-0558 AWARD DATE 08/29/2016 SPECIAL CONDITIONS 21. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees) The recipient 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. 22. 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. 23. 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 Iligh Risk grantee;or termination of an award(s). 24. The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at http://ojp.gov/funding/Explore/FFATA.htm(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,and its reporting requirement,does not apply to grant awards 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). 25. 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. OJP FORM 4000/2(REV 4-88) N,r,, U.S.Department of Justice ' Office of Justice Programs AWARD CONTINUATION ,. a Bureau of Justice Assistance SHEET PAGE 9 OF 12 =t n. Grant PROJECT NUMBER 2016-DJ-BX-0558 AWARD DATE 08/29/2016 SPECIAL CONDITIONS 26. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community,OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global)guidelines and recommendations for this particular grant.Grantee shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at: http://www.it.ojp.gov/gsp_grantcondition.Grantee 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. 27 To avoid duplicating existing networks or IT systems in any initiatives funded by WA 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 grantee can demonstrate to the satisfaction of B.IA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 28. The recipient agrees that any information technology system funded or supported by OJP funds will 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.FR.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as per the regulation. Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 29. Grantee agrees to comply with the requirements of 28 C F.R.Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent. 30. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C.section 3789g and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.Grantee further agrees,as a condition of grant approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular, section 22.23. 31. Award recipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address. If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes. 32. The grantee agrees that within 120 days of award acceptance,each current member of a law enforcement task force funded with these funds who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,will complete required online(internet-based)task force training.Additionally,all future task force members are required to complete this training once during the life of this award,or once every four years if multiple awards include this requirement.The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership(www.ctfli.org).This 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.When BJA funding supports a task force,a task force personnel roster should be compiled and maintained,along with course completion certificates,by the grant recipient.Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership(www.ctfli.org), 33. The recipient agrees to participate in BJA-sponsored training events,technical assistance events,or conferences held by BJA or its designees,upon BJA's request. OJP FORM 4000/2(REV 4-88) U.S.Department of Justice d�4. Office ofJustice Programs AWARD CONTINUATION ) Bureau of'Justice Assistance SHEET PAGE 10 OF 12 /4. Grant PROJECT NUMBER 2016-DJ-BX-0558 AWARD DA FE 05/29/2016 SPECIAL CONDITIONS 34. 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 Office of Justice Programs(OJP)program office prior to obligation or expenditure of such funds. 35. The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA),the National llistoric Preservation Act,and other related federal environmental impact analyses requirements in the use of these grant funds,either directly by the grantee or by a subgrantee. Accordingly,the grantee 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 grant,the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is,as long as the activity is being conducted by the grantee,a subgrantee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met. The activities covered by this special 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 grantee 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 grantee further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html,for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request from BJA,agrees to cooperate with BJA in any preparation by WA of a national or program environmental assessment of that funded program or activity. 36. The recipient is required to establish a trust fund account.(The trust fund may or may not be an interest-bearing account.)The fund,including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG) The recipient also agrees to obligate the grant funds in the trust fund(including any interest earned)during the period of the grant and expend within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to the Office of Justice Programs at the time of closeout. 37. JAG funds may be used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the Bulletproof Vest Partnership(BVP)program. OJP FORM 4000/2(REV 4-88) "`; ' .r U.S.Department of Justice . < Office of Justice Programs AWARD CONTINUATION t ^� •" Bureau of Justice Assistance fa' SHEET PAGE 11 OF 12 Ir:,. , rr .. Grant PROJECT NUMBER 2016-DJ-BX-0558 AWARD DATE 08/29/2016 SPECIAL CONDITIONS 38. Ballistic-resistant and stab-resistant body armor purchased with JAG funds may be purchased at any threat level,make or model,from any distributor or manufacturer,as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List(http://nij.gov).In addition,ballistic-resistant and stab-resistant body armor purchased must be American- made.The latest NIJ standard information can be found here:https//www.nij.gov/topics/technology/body-armor/safety- initiative.htm. 39. The recipient agrees to submit a signed certification that all law enforcement agencies receiving vests purchased with JAG funds have a written"mandatory wear"policy in effect.Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic-resistant and stab-resistant body armor purchases.This policy must be in place for at least all uniformed officers before any JAG funding can be used by the 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. 40. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes,regulations, OMB circulars,and guidelines,including the DOJ Financial Guide,and to include the applicable conditions of this award in any subaward.The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients.The recipient agrees to submit,upon request, documentation of its policies and procedures for monitoring of subawards under this award. 41. The recipient agrees that funds received under this award will not 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. 42. Award recipients must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through GMS(https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA),P.L. 103-62,applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore,quarterly performance metrics reports must be submitted 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 wcbpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 43. Any law enforcement agency receiving direct or sub-awarded JAG funding 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. 44. BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success story,sign in to your My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form. If you do not yet have a My BJA account,please register at https://www.bja.gov/profile,aspx.Once you register,one of the available areas on your My BJA page will be"My Success Stories".Within this box,you will see an option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the new BJA Success Story web page at https://www.bja.gov/SuccessStoryList.aspx. 45. Recipient understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,without explicit written prior approval from BJA.The Controlled Expenditure List,and instructions on how to request approval for purchase or acquisitions may be accessed here:https://www.bja.gov/funding/JAGControlledPurchaseList.pdf al FORM 4000/2(REV 4-88) . , U.S.Department of Justice Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 12 OF 12 Grant PROJECT NUMBER 2016-DJ-BX-0558 AWARD DATE 08/29/2016 SPECIAL CONDITIONS 46. The recipient understands that,pursuant to recommendation 2.1 of Executive Order 13688,law enforcement agencies that acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards, General Policing Standards includes policies on(a)Community Policing;(b)Constitutional Policing;and(c)Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to(a) Appropriate Use of Controlled Equipment;(h)Supervision of Use;(c)Effectiveness Evaluation;(d)Auditing and Accountability;and(e)Transparency and Notice Considerations.Upon OJP's request,the recipient agrees to provide a copy of the General Policing Standards and Specific Controlled Equipment Standards,and any related policies and protocols. 47- Recipient understands and agrees that the purchase or acquisition of 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,with award funds by an agency will trigger a requirement that the agency 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 make that information available to BJA upon request. Details about what information must be collected and retained may be accessed here:https://www,whitchouse.gov/sites/default/files/docs/le_equipment_wg_final_report_final,pdf 48. Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. 49. Recipient understands and agrees that award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time.The Prohibited Expenditure list may be accessed here:https://www,bja.gov/funding/JAGControlledPurchasel.ist.pdf. 50. Recipient understands and agrees that,notwithstanding 2 CFR§200.313,no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold to a third party,except as described below: a.Agencies may transfer or sell any controlled equipment,except riot helmets and riot shields,to a Law Enforcement Agency(LEA)after obtaining prior written approval from BJA.As a condition of that approval,the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of items on the Controlled Expenditure List. b Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c.Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs,with the exception of fixed wing aircraft,rotary wing aircraft,and command and control vehicles.Before any such transfer or sale is finalized,the agency must obtain prior written approval from WA.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. Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award,and to abide by any applicable laws and regulations in such disposal. OR FORM 4000/2(REV 4-88)