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HomeMy WebLinkAbout09741ORDINANCE NO. 9741 AN EMERGENCY ORDINANCE APPROVING AND ACCEPTING A GRANT AGREEMENT AND APPLICABLE CONDITIONS PERTAINING THERETO WITH THE UNITED STATED DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM, ACCEPTING AN INITIAL AWARD IN THE AMOUNT OF $319,270, ESTABLISHING PROJECT NUMBER PS2011, BUDGETING AND APPROPRIATING FUNDS INTO PROJECT PS2011, AND RATIFYING THE MAYOR’S SIGNATURE THERETO 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’s Bureau of Justice Assistance (“USDOJ”) has tendered a Grant Agreement and Award Letter including Terms and Conditions (the “Award”) in the amount of $319,270.00 to prevent, prepare for, and respond to coronavirus; and WHEREAS, additional awards of funds by the USDOJ pursuant to this agreement are possible and the Police Department anticipates requesting and being awarded additional funds in the future if the same are made available by the USDOJ; 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 Grant Agreement and Award Letter between the City of Pueblo, a Municipal Corporation, and the United States Department of Justice’s Bureau of Justice Assistance Coronavirus Emergency Supplemental Funding Program, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted in accordance with its terms and conditions. The Mayor’s prior signature to the Grant Agreement on July 8, 2020 is hereby approved and ratified. SECTION 2. The Police Department is empowered to apply for and accept additional grant awards pursuant to the Grant Agreement as those funds are made available by the Federal Government. SECTION 3. Project Number PS2011 is hereby established in the Public Safety Grants Fund. All current and future funds accepted under this ordinance shall be budgeted and appropriated into Project Number PS2011 by the Finance Department. SECTION 4. 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 agreement to effectuate the policies and procedures described herein. SECTION 5. This Ordinance shall become effective on the date of final action by the Mayor and City Council. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 13, 2020 . Final adoption of Ordinance by City Council on July 13, 2020 . President of City Council Action by the Mayor: ☒ Approved on July 15, 2020 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # S-2 Background Paper for Proposed EMERGENCY ORDINANCE COUNCIL MEETING DATE: July 13, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Troy D. Davenport, Chief of Police SUBJECT: AN EMERGENCY ORDINANCE APPROVING AND ACCEPTING A GRANT AGREEMENT AND APPLICABLE CONDITIONS PERTAINING THERETO WITH THE UNITED STATES DEPARTMENT OF JUSTICE’S BUREAU OF JUSTICE ASSISTANCE CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM, ACCEPTING AN INITIAL AWARD IN THE AMOUNT OF $319,270, ESTABLISHING PROJECT NUMBER PS2011, BUDGETING AND APPROPRIATING FUNDS INTO PROJECT PS2011, AND RATIFYING THE MAYOR’S SIGNATURE THERETO SUMMARY: This ordinance approves a grant agreement and award from the United States Department of Justice’s Bureau of Justice Assistance beginning January 20, 2020 and ending January 31, 2022, and approves and accepts an initial grant award of $319,270.00 into Project PS2011. PREVIOUS COUNCIL ACTION: City Council has not previously approved ordinances accepting grants from the Bureau of Justice Assistance Coronavirus Emergency Supplemental Funding Program as this is a new grant. BACKGROUND: The Coronavirus Emergency Supplemental Funding Program within the Bureau of Justice Assistance of the United States Department of Justice provides funding to assist eligible states, local units of government, and tribes in preventing, preparing for, and responding to the coronavirus. FINANCIAL IMPLICATIONS: This grant will require monitoring, auditing, and submission of financial documents which will impact the City with staffing costs. This grant will provide funding for nine projects that support the City of Pueblo’s efforts to prevent, prepare for, and respond to the coronavirus. 1. VPN Access Licenses. The grant will facilitate teleworking for city employees during the COVID-19 pandemic by funding the purchase of emergency software licensing for the VPN appliance and wireless internet dongles. 2. Police Department Personal Protective Equipment (PPE) and Disinfecting Supplies. The grant will help prevent exposure of the coronavirus to Police Department personnel by funding the purchase of PPE and disinfecting supplies. 3. Pueblo Municipal Justice Center (PMJC) Cleaning and Sanitizing Supplies. The grant will assist in maintaining a clean and healthy environment in the PMJC for public safety employees and the public by funding cleaning and disinfecting of equipment and supplies. 4. Emergency Operations Center (EOC) Video Conferencing Equipment. The grant will assist in effectively managing and responding to changing requirements in public safety, administration, and court operations resulting from the COVID-19 pandemic by funding hardware and software that supports high-definition multicast video and audio distribution that facilitates inter-agency and inter-departmental participation and collaboration. 5. Guardian Mobile Dispatch Units. The grant will enable the PPD Communication Center to maintain critical police and fire dispatch capabilities during the COVID-19 pandemic by funding four (4) Guardian Mobile Dispatch Units that enable dispatch personnel to take calls for service and dispatch from remote locations while maintaining social distancing or quarantine. 6. Getac Laptop/Connectivity Packages. The grant increases the PPD’s capacity for remote work during the COVID-19 pandemic by funding the purchase of thirteen (13) Getac laptop computers, office and vehicle docks, and sierra modems. 7. Pueblo Parks & Recreation Department COVID-19 Preparedness Equipment. The grant supports Parks & Recreation Department efforts to affect any necessary closures of parks and recreation facilities and amenities and to minimize the potential of personnel exposure to COVID-19 by funding the purchase of barricades and associated equipment; disinfecting equipment; and cleaning/disinfecting supplies. 8. City of Pueblo Organization-wide Personal Protective Equipment (PPE). The grant supports the protection of personnel working in the City of Pueblo’s twenty departments by funding the purchase of PPE and sanitizing supplies. 9. City of Pueblo Remote Working Loaner Laptop Pool. The grant supports the City of Pueblo’s ability to increase mobile workforce capabilities during the COVID-19 pandemic by funding the purchase of thirty (30) laptops for use by City employees during remote work or quarantine. Matching funds from the City are not required for this grant. BOARD/COMMISSION RECOMMENDATION: Not Applicable STAKEHOLDER PROCESS: The Pueblo Police Department supports the award and appropriation of the funds to enhance the City’s efforts to prevent, prepare for, and respond to the coronavirus. ALTERNATIVES: Decline this grant offer from the United States Department of Justice Bureau of Justice Assistance RECOMMENDATION: Approval of the Ordinance. Attachments: Coronavirus Emergency Supplemental Funding Program Agreement and Award Documents Department of Justice(DOJ) �Ar�� Office of Justice Programs s PAGE 1 OF 16 '! �; Bureau of Justice Assistance Grant I RECIPIENT NAME AND ADDRESS(Including Zip Code) 4,AWARD NUMBER. 2020-VD-BX-1253 City or Pueblo ; 130 Central Main Street 5.PROJECT PERIOD:FROM 01/20/2020 TO 01/31/2022 Pueblo,CO 81003-4213 BUDGET PERIOD FROM 01/20/2020 TO 01/31/2022 6.AWARD DATE 06/03/2020 17.ACTION !. 2a GRANTEE IRS/VENDOR NO. 18,SUPPLEMENT NUMBER j Initial 846006151 00 I 2b.GRANTEE DUNS NO. 556467256 19.PREVIOUS AWARD AMOUNT S 0 3.PROJECT TITLE j 10.AMOUNT OF THIS AWARD S 319,270 City of Pueblo Coronavirus Emergency Response _ ...... ... ..... I I.TOTAI.AWARD $319,270 12.SPECIAL CONDITIONS -...... .. _. _ .... .. _ _.... THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SETT FORTH ON TIIE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FY20(BJA-CESF)Pub.L No.116-136,Div.N;28 U.S.C.5300 14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE.(CFDA Number) 16.034-Coronavirus Emergency Supplemental Funding Program 15.METHOD OF PAYMENT GPRS AGENCY APPROVAL —1 iariiafim GRANTEE ACCEPTANCE IIIIIIMMIIIIIIII; 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL ! 18.TYPED NAME AND TITLE OF AUTI IORIZ.ED GRANTEE OFFICIAL. Katharine T.Sullivan Nicholas A.Gradisar Principal Deputy Assistant Attorney General i Mayor 17 SIGNAI't/RE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL ! 19A.DATE C ','/''1, t. \ 7/:1 Me4•i 6 i / -AJ G Amp +' l AGENCY USE ONLY 20 ACCOUNTING CLASSIFICATION CODES 21. VVDUG1'1330 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC RIG. SUB POMS AMOUNT X B VD 80 (10 00 319270 j OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLE:IE. OJP FORM 4000/2(REV.4-88) Department of Justice(DOJ) I Office oflustice Programs AWARD CONTINUATION 4 Bureau of Justice Assistance SHEET PAGE 2 OF 16 Grant PROJECT NUMBER 2020-VD-BX-1253 AWARD DATE. 06/03/2020 SPECIAL CONDITIONS I. Requirements of the award;remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award.Compliance with any 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 oflustice("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 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. OJP FORM 4000/2(REV.4-88) Department of Justice(DOI) rOffice of Justice Programs • AWARD CONTINUATION �> Bureau of Justice Assistance r I SHEET PAGE 3 OF 16 '''....!_!2!,11,=,' Grant PROJECT NUMBER 2020-VD-13X-1253 AWARD DATE 06/03/2020 SPECIAL CONDITIONS 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted and supplemented by DOJ in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY 2020 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this FY 2020 award supplements funds previously awarded by OJP under the same award number(e.g.,funds awarded during or before December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that arc obligated on or after the acceptance date of this FY 2020 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards "sub rants" see the OJP website at htt s//o ov/fundin /Part200UniformRe uirements.htm. ("subgrants"),). F• 1P•g B q 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.200.333. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the recipient is to contact O1P promptly for clarification. 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide arc to the DOJ Grants Financial Guide as posted on the OJP website (currently,the"DOJ Grants Financial Guide"available at https://ojp.gov/linancialguide/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. • 4. 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 O113 awards(that is,OJ P grants and cooperative agreements),including many provisions previously codified in Title 42 of the U.S.Code. Effective as of September I,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. OJP FORM 4000/2(REV.4-88) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance• SHEET j PAGE 4 OF 16 Grant PROJECT NUMBER 2020-VD-BX-1253 AWARD DATE 06/03/2020 SPECIAL CONDITIONS 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Financial Points of Contact(FP005)for this award must have successfully completed an"OJP financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1,2018,will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or after January 1,2018,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. 6. Requirements related to"de minimis"indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis" indirect cost rate described in 2 C.F.R.200.414(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. I I 7. Requirement to report potentially duplicative funding if the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal funds during the period of performance for this award,the recipient promptly must determine whether funds from any of those other federal awards have been,are being,or 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 OV W,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. OW FORM 4000/2(REV 4-88) Department of Justice(DOJ) r Office of Justice Programs AWARD CONTINUATION 1liA 'Y Bureau of Justice Assistance SHEET PAGE 5 OF 16 Grant PROJECT NUMBER 2020-VD-BX-1253 AWARD DATE 06/03/2020 SPECIAL CONDITIONS 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management(SAM), currently accessible at https://www.sam.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 arc 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). • i i OJP FORM 4000/2(REV 4-SS) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION •• • Bureau of Justice Assistance SHEET PAGE 6 OF 16 ®< Grant PROJECT NUMBER 2020-VD-BX-1253 AWARD DATE 06/03/2020 SPECIAL CONDITIONS 9. Employment eligibility verification for hiring under the award I.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)(I)and(2). B.Notify all persons associated with the recipient(or any subrecipient)who are or will he 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)and(2)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. I324a(a)(I)and(2). D.As part of the recordkeeping for the award(including pursuant to the Part 200 Uniform Requirements),maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements,as well as records of all pertinent notifications and trainings. 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions 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 arc 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 arc 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-Verity 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-Verity(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 ()JP FORM 4000/2(REV.4-88) Department of Justice(DOJ) Office ofJustice Programs AWARD CONTINUATION '3 Bureau of Justice Assistance SHEET PACE 7 OF 16 • ' Grant { PROJECT NUMBER 2020-VD-BX-1253 AWARD DATE 06/03/2020 SPECIAL CONDITIONS any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law. E.Nothing in this condition,including in paragraph 4.B.,shall be understood to relieve any recipient,any subrecipient at any tier,or any person or other entity,of any obligation otherwise imposed by law,including 11 U.S.C. I324a(a)(I) and(2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website(https://www.e-verify.gov/)or email E-Vcrify at li-Verify(a)dhs.gov. E-Verify employer agents can email 1/- Verify at E-VerifyhmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP,before award acceptance. 10. Requirement to report actual or imminent breach of personally identifiable information(Pit) 'l'he 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)--(I)creates,collects,uses,processes,stores, maintains,disseminates,discloses,or disposes of"personally identifiable information(PI[)"(2 CFR 200.79)within the scope of an OJP grant-funded program or activity,or(2)uses or operates a"Federal information system"(OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of P11 to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach,or the detection of an imminent breach. 1 I. 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 haps://ojp.gov/funding/Explore/SubawardAuthorization.htm(Award condition: All subawards("subgrants")must have specific federal authorization),and arc incorporated by reference here. 12. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed$250,000 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold(currently,$250,000). This condition applies to agreements that--for purposes of federal grants administrative requirements--OJP considers a procurement"contract"(and therefore does not consider a subaward). I'he 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. OW FORM 4000/2(REV.4-88) I „;t; Department of Justice(DOJ) { <;`,% Office of Justice Programs AWARD CONTINUATION I Bureau of Justice Assistance SHEET PACE s OF 16 ti <:, Grant PROJECT NUMBER 2020-VD-BX-1253 AWARD DATE 06/03/2020 SPECIAL CONDITIONS 13. Unreasonable restrictions on competition under the award;association with federal government SCOPE.This condition applies with respect to any procurement of property or services that is funded(in whole or in part)by this award,whether by the recipient or by any subrecipient at any tier,and regardless of the dollar amount of the purchase or acquisition,the method of procurement,or the nature of any legal instrument used.The provisions of this condition must be among those included in any subaward(at any tier). I.No discrimination,in procurement transactions,against associates of the federal government Consistent with the(DOJ)Part 200 Uniform Requirements--including as set out at 2 C.F.R.200.300(requiring awards to be"managcjdj and administer[edl in a manner so as to ensure that Federal funding is expended and associated programs arc implemented in full accordance with U.S.statutory and public policy requirements")and 200.3 19(a)(generally requiring"kill procurement transactions j tot be conducted in a manner providing full and open competition"and forbidding practices"restrictive of competition,"such as"[p]lacing unreasonable requirements on firms in order for them to qualify to do business"and taking"l a(ny arbitrary action in the procurement process")--no recipient(or subrecipient,at any tier)may(in any procurement transaction)discriminate against any person or entity on the basis of such person or entity's status as an"associate of the federal government"(or on the basis of such person or entity's status as a parent,affiliate,or subsidiary of such an associate),except as expressly set out in 2 C.F.R. 200.319(a)or as specifically authorized by USDOJ. 1 1 2.Monitoring I 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.The term"associate of the federal government"means any person or entity engaged or employed(in the past or at present)by or on behalf of the federal government--as an employee,contractor or subcontractor(at any tier),grant recipient or-subrecipient(at any tier),agent,or otherwise--in undertaking any work,project,or activity for or on behalf of(or in providing goods or services to or on behalf of)the federal government,and includes any applicant for such employment or engagement,and any person or entity committed by legal instrument to undertake any such work, project,or activity(or to provide such goods or services)in future. B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law. I on,FORM 4000/2(REV.4-88) Department of Justice(DOJ) OffceofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 9 OF 16 Grant PROJECT NUMBER 2020VD-RX-I253AWARD DATE 06/03/2020 SPECIAL CONDITIONS 14. 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 haps://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 arc incorporated by reference here. 15. Determination of suitability to interact with participating minors SCOPE.This condition applies to this award it'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 1 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 of age. The recipient,and any subrecipicnt 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. 16. 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"). 17. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must 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. 18. OJP Training Guiding Principles Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles rix Grantees and Subgrantees, available at https://ojp.gov/funding/ImplementUTrainingPrinciplcsFot rantees-Subgrantecs.htm. OJP FORM 4000/2(REV.4-88) ti Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION i Bureau of Justice Assistance SHEET PACE 10 OF 16 ! 1^ Grant PROJECT NUMBER 2020-VD-DX-1253 AWARD DATE 06/03/2020 SPECIAL CONDITIONS 19, 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. 20. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high- risk"for purposes of the DOJ high-risk grantee list. 21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42 The recipient,and any subrecipicnt("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. 22. 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." 23. 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-bin1ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under e-CFR"current"data. 010 FORM 4000/2(REV.4-8R) - Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance i SHEET PACE 11 OF 16 Grant PROJECT NUMBER 2020-VD-BX-1253 AWARD DATE 06/03/2020 SPECIAI.CONDITIONS 24. Restrictions on"lobbying" In general,as a matter of federal law,federal funds awarded by OJP may not be used by the recipient,or any subrecipient("subgrantee")at any tier,either directly or indirectly,to support or 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 any subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending, or modifying any such award. Sec 31 U.S.C. 1352. Certain exceptions to this law apply,including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might 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. 25. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2020)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 that may be set out in applicable appropriations acts arc indicated at https://ojp.gov/funding/Explore/FY20AppropriationsRcstrictions.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. 26. Reporting potential fraud,waste,and abuse,and similar misconduct The recipient,and any subrecipients("subgrantees")at any tier,must promptly refer to the DOJ Office of the Inspector General(010)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--(I)online submission accessible via the OIG webpage at https://oig.justice.gov/hotlinc/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 010 website at https://oig.justicc.gov/hotline. I I OJP FORM 4000/2(REV.4-R8) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION %tir ;�• Bureau of Justice Assistance SHEET PACE Iz OF 16 ~`"" Grant I I 1 PROJECT NUMBER 2020-VD-BX-1253 AWARD DATE 06/03/2020 SPECIAL.CONDITIONS ' 27. 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 leams 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) hat--(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a suhaward("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. . OJP FORM 4000/2(REV.4-88) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION ! E Bureau of Justice Assistance SHEET PAGE 13 of 16 1 f Grant PROJECT NUMBER 2020-VD-BX-1253 AWARD DATE 06/03/2020 SPECIAL CONDITIONS 28. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees) The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41 U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal grant. The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of employee rights and remedies under 41 U.S.C.4712. Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to contact the DOJ awarding agency(OJP or OV W,as appropriate)for guidance. 29. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. 51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 30. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ if the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time during the course of the period of performance under this award,the recipient must disclose that fact and certain related information to OJP by 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. 31. Signing Authority This award must be signed by an authorized official of the applicant State,local,or tribal government,on behalf of that applicant State,unit of local government,or Tribe,unless the applicant designates an organizational unit to apply on its behalf. For example,if designated by a unit of local government,a Police Department or Sheriff's Office(or similar agency)may apply on behalf of the applicant jurisdiction,as long as the department,office,or agency is listed as the organizational unit on the SF-424.In that case,the head of the designated organizational unit(such as a Police Chief or Sheriff)may sign the award.Documentation of the designation by the appropriate governing body must be retained by the grant recipient. 32. The"Emergency Appropriations for Coronavirus Health Response and Agency Operations"law(Public Law 1 16-136) includes definitions,reporting requirements,and certain other provisions that apply(whether in whole or in part)to this award. In addition,consistent with the CESF Program's purposes,which involve preparing for,preventing,and responding to the coronavirus national emergency,OW will provide notice of any additional CESE program-specific grants administrative requirements on an award page,accessible at https://www.ojp.gov/funding/explore/CESF- program-specific-condition,that is incorporated by reference here. OJP FORM 4000/2(REV.4-88) / tDepartment of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION I Bureau of Justice Assistance SHEET PAGE 14 OF 16 1 � Grant PROJECT NUMBER 2020 VD-BX-1253 AWARD DAlI. 06/03/2020 SPECIAL CONDITIONS 33. 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). 34. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards("subgrants")of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds. the details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(HATA),are posted on the OJP web site at https://ojp.gov/funding/Ixpiore/FF'ATA.htm(Award condition:Reporting Subawards and Executive Compensation),and arc incorporated by reference here. This condition,including its reporting requirement,does not apply to--(I)an award of less than$25,000,or(2)an award made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 35. 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. 36. 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. 37. Justice Information Sharing Recipients are encouraged to comply any information-sharing projects funded under this award with DOJ's Global Justice Information Sharing initiative(Global)guidelines.The recipient(and any subrecipicnt at any tier)is encouraged to 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. 38. 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. DSP FORM 4000/2(RIiV.4-881 Department of Justice(DOJ) t Office of Justice Programs AWARD CONTINUATION y Bureau of Justice Assistance SHEET PAGE 15 OF 16 Ii Grant PROJECT NUMBER 2020-VD-HX-1253 AWARD DATE. 06/03/2020 SPECIAL CONDITIONS 39. Compliance with National Environmental Policy Act and related statutes Upon request,the recipient(and any subrecipient at any tier)must assist BJA in complying with the National Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient. Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes.If it is determined that any of the following activities will be funded by the award,the recipient agrees to contact BJA.The recipient understands that this condition applies to new activities as set out below,whether or not they are being specifically funded with these award funds.That is,as long as the activity is being conducted by the recipient,a subrecipient,or any third party,and the activity needs to be undertaken in order to use these award funds,this condition must first be met.The activities covered by this condition are:a.New construction;b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places;c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size;d.Implementation of a new program involving the use of chemicals other than chemicals that are(a) purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household, recreational,or education environments;and e.Implementation 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 WA.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 WA of a national or program environmental assessment of that funded program or activity. 40. Establishment of interest-bearing account If award funds are being drawn down in advance,the recipient(or a subrecipient,with respect to a subaward)is required to establish an interest-bearing account dedicated specifically to this award.Recipients(and subrecipients) • must maintain advance payments of federal awards in interest-bearing accounts,unless regulatory exclusions apply(2 • C.F.K.200.305(b)(S)).The award funds,including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the Coronavirus Emergency Supplemental Funding(CESF)program.The recipient also agrees to obligate the award funds in the account(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. 41. Expenditures requiring prior approval No funds under this award may be expended on individual items costing$500,000 or more,or to purchase Unmanned Aerial Systems(UAS),Unmanned Aircraft(UA),and/or Unmanned Aerial Vehicles(UAV)without prior written approval from BJA.Prior approval must be obtained post-award,through the submission and approval of a Grant Adjustment Notice(GAN)through OJP's Grant Management System(GMS). OJP FORM 41100/2(REV 4-88) Department of Justice(DOJ) 43 � Office of Justice Programs AWARD CONTINUATION ... Bureau of Justice Assistance SHEET PACE. 16 OF 16 Grant PROJECT NUMBER 2020-VD-BX-1253 AWARD DATE 06/03/2020 SPECIAL CONDITIONS 42. Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after January 20,2020 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(January 20,2020),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--(I)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions are removed by OJP(via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the condition is removed.) Nothing in this condition shall be understood to authorize the recipient(or any subrecipient at any tier)to use award funds to"supplant"State or local funds. 43. Use of funds for DNA testing;upload of DNA profiles If award funds arc 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 COD'S. 44. Body armor-compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model,from any distributor or manufacturer,as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List(https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx).In addition,ballistic- resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted,as set forth in 34 U.S.C. 10202(c)(1 XA).The latest NU standard information can be found here:https://nij.gov/topics/ technology/body-armor/pages/safety-initiative.aspx. 45. Missing Attachment:Disclosure of lobbying The recipient must complete a Disclosure of Lobbying Activities(SF-LLL)form,and submit it to the grant manager for this award.Award closeout will not be possible until OJP has issued a Grant Adjustment Notice to remove this special condition. i I OR FORM 4000/2(REV.4-68) y ;;.---.1, . Department of Justice(DOJ) ;.! i4p.. I •i, Office of Justice Programs .-?,,:1,,t.,,,,;.. Bureau of Justice Assistance Washington,DC. 205JI Memorandum To: Official Grant File From: Orbin Terry,NEPA Coordinator Subject: Categorical Exclusion for City of Pueblo The Coronavirus Emergency Supplemental Funding(CESF)Program allows eligible states,local units of government,and tribes to support a broad range of activities including preventing,preparing for,and responding to the coronavirus. All recipients of CESF 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 sub-grantee or third party. BJA's expectation is that none of the following activities will be conducted whether under this federal award or a related third party action: (1)New construction (2)Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property(a)listed on or eligible for listing on the National Register of Historic Places,or(b)located within a 100-year flood plain,a wetland,or habitat for an endangered species (3)A renovation that will change the basic prior use of a facility or significantly change its size (4)Research and technology whose anticipated and future application could be expected to have an effect on the environment (5) Implementation of a program involving the use of chemicals(including the identification,seizure,or closure of clandestine methamphetamine laboratories)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. Consequently,the subject federal action meets the Office of Justice Programs'criteria for a categorical exclusion as contained in paragraph 4(b)of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. If,however,award funds arc proposed to be used for any of the enumerated projects or activities above,grant recipients must contact their grant manager,and receive written approval prior to commencing that project or activity. Questions about this determination may be directed to your grant manager or Orbin Terry,Environmental Coordinator for BJA. Department of Justice(DOJ) GRANT MANAGER'S MEMORANDUM,PT. l: Office of Justice Programs - PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER PAGE 1 OF I 2020-VD-BX-1253 This project is supported under FY20(BJA-CESF)Pub.L.No 116-136,Div.B;28 U S C.530C I I 1-STAFF CONTACT(Name&telephone number) 2 PROJECT DIRECTOR(Name,address&telephone number) Kathy Mason Shelly Dunham (202)514-8692 Grant and Resource Development Administrator 130 Central Main Street Pueblo,CO 81003-4213 ' (719)553-2613 3a.TITLE OF THE PROGRAM I 3b.POMS CODE(SEE INSTRUCTIONS ON REVERSE) WA FY 20 Coronavirus Emergency Supplemental Funding Program 4 TITLE OF PROJECT City of Pueblo Coronavirus Emergency Response 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SIIBGRANTFF City of Pueblo 130 Central Main Street Pueblo,CO 81003-4213 7 PROGRAM PERIOD 8 BUDGET PERIOD FROM: 01/20/2020 TO: 01/31/2022 FROM: 01/20/2020 TO 01/31;2022 9.AMOUNT OF AWARD 10.DATE OF AWARD S 319,270 06/03/2020 II.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT I I 13 THIRD YEARS BUDGET PERIOD 14 THIRD YEARS BUDGET AMOUNT 15 SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) The Coronavirus Emergency Supplemental Funding(CESF)Program allows States,U S.Territories,the District of Columbia,units of local government,and federally recognized tribal governments to support a broad range of activities to prevent,prepare fur,and respond to the coronavirus. Funded projects or initiatives may include,hut arc not limited to,overtime,equipment(including law enforcement and medical personal protective equipment),hiring,supplies(such as gloves, masks,sanitizer),training,travel expenses(particularly related to the distribution of resources to the most impacted areas),and addressing the medical needs of inmates in state,local,and tribal prisons,jails,and detention centers. NCA/NCF OJP FORM 4000/2(REV 4-88)