HomeMy WebLinkAbout10088ORDINANCE NO. 10088
AN ORDINANCE APPROVING AND ACCEPTING A U. S.
DEPARTMENT OF JUSTICE 2021 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE (2021 JAG) GRANT, AWARD NO. 15PBLA-21-
GG-01279-JAGX, AND APPLICABLE CONDITIONS PERTAINING
THERETO, ESTABLISHING PROJECT NUMBER PS2112, BUDGETING
AND APPROPRIATING FUNDS NOT TO EXCEED $102,570.00,
AUTHORIZING THE MAYOR TO EXECUTE SAME AND RELATED
CERTIFICATIONS, ASSURANCES AND OTHER DOCUMENTS,
APPROVING AND RATIFYING THE NOVEMBER 22, 2021
MEMORANDUM OF UNDERSTANDING CONCERNING RECEIPT AND
DISBURSEMENT OF FUNDS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME AND RATIFYING HIS 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 (“DOJ”) has tendered a Justice
Assistance Grant Award No. 15PBLA-21-GG-01279-JAGX (the “Award”) in the amount of
$102,570.00 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. 15PBLA-21-GG-01279-JAGX 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 Mayor of the City is authorized to execute the Grant Award acceptance in the name
of and on behalf of the City, and the Mayor is authorized to execute any and all other
certifications, assurances and other documents associated therewith.
SECTION 3.
Project Number PS2112 (2021 JAG) is hereby established, and the amount of
$102,570.00 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, 2024, 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 November 22, 2021 Memorandum of Understanding (“MOU”), by and between the
City of Pueblo, a Municipal Corporation, and Pueblo County, Colorado concerning the receipt
and disbursement of the 2021 JAG funds, a copy of which is attached hereto and incorporated
herein, having been approved as to form by the City Attorney, is hereby approved and ratified.
The Mayor is hereby authorized to execute said MOU on behalf of the City and his prior
signature to same is hereby ratified.
SECTION 6.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of this Ordinance and the attached award to implement the policies and
procedures described herein.
SECTION 7.
The Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on December 13, 2021.
Final adoption of Ordinance by City Council on December 27, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on December 30, 2021 .
□ 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
Deputy City Clerk
City Clerk’s Office Item # R-15
Background Paper for Proposed
ORDINANCE
COUNCIL MEETING DATE: December 13, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Chief Chris Noeller – Police Department
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF
JUSTICE 2021 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE (2021
JAG) GRANT, AWARD NO. 15PBLA-21-GG-01279-JAGX, AND APPLICABLE
CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER
PS2112, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED
$102,570.00, AUTHORIZING THE MAYOR TO EXECUTE SAME AND
RELATED CERTIFICATIONS, ASSURANCES AND OTHER DOCUMENTS,
APPROVING AND RATIFYING THE NOVEMBER 22, 2021 MEMORANDUM OF
UNDERSTANDING CONCERNING RECEIPT AND DISBURSEMENT OF
FUNDS, AND AUTHORIZING THE MAYOR TO EXECUTE SAME AND
RATIFYING HIS SIGNATURE THERETO
SUMMARY:
Attached is Award No. 15PBLA-21-GG-01279-JAGX. It includes pages 4-33 which are the
award’s Special Conditions.
PREVIOUS COUNCIL ACTION:
The FY2021 JAG Local Solicitation is an annual formula grant that has been in existence for the
past fifteen (17) years. The City and County of Pueblo have received $2,129,180 in JAG Local
Solicitation funds since its inception, including this award. On November 22, 2021 Council
approved Resolution No. 14760 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.
The City’s share will be used to fund twelve (12) Police Department equipment projects,
including desktop, laptop, and other computer-related equipment for the entire Department,
additional Surveillance Systems for the Property and Evidence Section, and other law
enforcement enhancing equipment projects as determined by the Chief of Police. See
attachment for detailed list of proposed equipment. Mr. Gradisar will need to sign the award
document and initial the lower right corner of each page of the Special Conditions.
FINANCIAL IMPLICATIONS:
This grant funding represents $102,570.00 to the City and County of Pueblo with no required
match. The City’s share of the $102,570.00 is $77,953 and the remaining amount is paid to the
County and the District Attorney’s Office. 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.
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.
14760. Additionally, a public meeting, to receive public comments on the expenditures, is a
requirement of the award. That public meeting occurred on November 30, 2021. 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 FY2021 JAG Local Solicitation is an annual formula grant that has been in existence for the
past Seventeen (17) years. The City and County of Pueblo have received $2,129,180 in JAG
funds since its inception, including this award. 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 15PBLA-21-GG-01279-JAGX
Special Conditions Pages 4-33
Certifications and Assurances by Chief Executive
Memorandum of Understanding (MOU)
Itemization of JAG Projects List
FY2021 Justice Assistance Grant (JAG) Local Solicitation
Projects & Programs
Grant # 15PBJA-21-GG-JAGX Project # PSxxxx
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
lities 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
.html.
Name of ProjectAgencyAmountDescription
Proj #
This project proposes to purchase technical computer equipment
for law enforcement and public safety use including desk top
computers (towers, monitors, keyboards, etc), laptop computers,
Desktop/Laptop and Related and other related computer componets such as mobile printers,
1 Computer Replacement Project PPD$48,900and applicable and related software.
This project proposes to purchase three (3) security cameras to
Security Cameras in the enhance secuity in our high risk areas within the Property &
Property & Evid. Section (3)Evidence Section.
2PPD$9,713
Microsoft Surface Pro 7 This project proposes to purchase four (4) Microsoft Surface Pro 7
Tablets (4)tablets to enhance the efficiency of PPD Training staff.
3PPD$4,826
This project proposes to purchase twenty (20) Blue Force
Marking Lights (Chemlights) Chemlight dispensers, belt pouches, and chemlights for use by
4 with dispensers. (20)PPD$1,593SWAT during critical incidents to enhance officer and public safety.
This project proposes to purchase one (1) AV Amplivox Radio
Hailer and two (2) MURS radios for our Crisis Negotiator Team.
Radio Hailer and two (2)
This will enhance our ability to communicate with subjects
5 MURS Radios PPD$1,565efectively and safely.
This project proposes to purchase one (1) Panasonic 4K HD video
4K High Definition video camera and related hardware/software for use by CSI to enhance
6 camera/software PPD$6,702our ability to better document crime scenes.
This project proposes to purchase one (1) 3500 watt generator for
use by the Crisis Neg Team to enhance communication capabilites
One (1) 3500 Watt Generatorduring critical incidents.
7PPD$850
This project proposes to purchase two hundred (200) archival
storage boxes for the protective storage of historical information
Archival Storage Boxes (200)related to the PPD.
8PPD$1,210
This project proposes to purchase one (1) light ring with a mini
teleprompter and microphone that will enhance our PIO's ability to
Video Production Equipmentenhance our public service announcements.
9PPD$488
This project proposes to purchase one (1) backdrop for use with
PIO Backdropour press conferences and public service announcements.
10PPD$775
VAPP (Volunteers Assisting This project proposes to purchase vehiclie decals to allow for easy
11 Pueblo Police Vehicle Decals PPD$180recognition of our VAPP vehicles.
This project proposes to purchase display supplies, table banners,
and PPD badge stickers for use during public events such as
CSD promotional itemsrecruitment fairs, parades, other area events.
12PPD$1,150
$77,952
To purchase Cellebrite equipment to assist with criminal
UFED 4PC mobile forensic
investigations involving cellular and digital evidence.
1 software solution PCSO$14,000
This project will purchase three (3) digital cameras for the CSI team
to enhance the quality of photographic evidence.
CSI Digital Cameras (3)
2PCSO$3,146
This project will purchase two (2) automated external defibrilators
for use by patrol deputies. This will enhance the life safing
Automated External
capabilities of patrol.
Defibrillators (2)
3PCSO$2,539
$19,685
This project proposes to purchase technology, supplies, equipment,
applicable software, and system upgrades, including the potential
purchase of computers, monitors, color printers, fax machines for
10th Judicial District
Technology Upgrade Projectand administration units.
1PCDA$4,931
$4,931
Total Grant Amount =$102,568
11/12/21,2:30 PM Funded Award
Award Letter
October 8, 2021
Dear Nicholas Gradisar,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of
Justice Programs (OJP) has approved the application submitted by CITY OF PUEBLO for an
award under the funding opportunity entitled 2021 BJA FY 21 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $102,570.
Review the Award Instrument below carefully and familiarize yourself with all conditions and
requirements before accepting your award. The Award Instrument includes the Award Offer
(Award Information, Project Information, Financial Information, and Award Conditions) and
Award Acceptance.
Please note that award requirements include not only the conditions and limitations set forth in
the Award Offer, but also compliance with assurances and certifications that relate to conduct
during the period of performance for the award. These requirements encompass financial,
administrative, and programmatic matters, as well as other important matters (e.g., specific
restrictions on use of funds). Therefore, all key staff should receive the award conditions, the
assurances and certifications, and the application as approved by OJP, so that they understand
the award requirements. Information on all pertinent award requirements also must be provided
to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will
pursue appropriate remedies for non-compliance, which may include termination of the award
and/or a requirement to repay award funds.
To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer
in the Justice Grants System (JustGrants), including by executing the required declaration and
certification, within 45 days from the award date.
Congratulations, and we look forward to working with you.
Maureen Henneberg
Deputy Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
(DOJ) has been delegated the responsibility for ensuring that recipients of federal financial
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assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the
Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law.
Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504
of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give
assurances that they will comply with those laws. Taken together, these civil rights laws prohibit
recipients of federal financial assistance from DOJ from discriminating in services and
employment because of race, color, national origin, religion, disability, sex, and, for grants
authorized under the Violence Against Women Act, sexual orientation and gender identity.
Recipients are also prohibited from discriminating in services because of age. For a complete
review of these civil rights laws and nondiscrimination requirements, in connection with DOJ
awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against
recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance
reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to
evaluate whether recipients of financial assistance from the Department are providing services
in a nondiscriminatory manner to their service population or have employment practices that
meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or
the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal
justice system, there are two additional obligations that may apply in connection with the
awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs
(EEOPs); and (2) submitting findings of discrimination to OCR. For additional information
regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information
regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)
(5).
The OCR is available to help you and your organization meet the civil rights requirements that
are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your
organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial
assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov.
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages
NEPA Letter
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local
governments to support a broad range of activities to prevent and control crime and to improve the
criminal justice system, some of which could have environmental impacts. All recipients of JAG funding
must assist BJA in complying with NEPA and other related federal environmental impact analyses
requirements in the use of grant funds,whether the funds are used directly by the grantee or by a
subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities,the
grantee must first determine if any of the specified activities will be funded by the grant.
The specified activities requiring environmental analysis are:
a. New construction;
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b.Any renovation or remodeling of a property located in an environmentally or historically sensitive
area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered
species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either(a) result in a change
in its basic prior use or(b)significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b)traditionally used,for example, in
office, household, recreational,or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations,
including the identification, seizure,or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an
Environmental Impact Statement, as directed by BJA. Further,for programs relating to
methamphetamine laboratory operations,the preparation of a detailed Mitigation Plan will be
required. For more information about Mitigation Plan requirements, please see
https://www.bja.gov/Funding/nepa.html.
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NEPA Coordinator
First Name Middle Name Last Name
Orbin Terry
Award Information
This award is offered subject to the conditions or limitations set forth in the Award
Information, Project Information, Financial Information, and Award Conditions.
&Recipient Information
Recipient Name
CITY OF PUEBLO
DUNS Number
010620284
Street 1 Street 2
1 CITY HALL PL
City State/U.S. Territory
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PUEBLO Colorado
Zip/Postal Code Country
81003 United States
County/Parish Province
Award Details
Federal Award Date Award Type
10/8/21 Initial
Award Number Supplement Number
15PBJA-21-GG-01279-JAGX 00
Federal Award Amount Funding Instrument Type
$102,570.00 Grant
Assistance Listing Number Assistance Listings Program Title
16.738
Statutory Authority
Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including subpart 1 of
part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a).
I have read and understand the information presented in this section of the Federal Award
Instrument.
Project Information
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This award is offered subject to the conditions or limitations set forth in the Award
Information, Project Information, Financial Information, and Award Conditions.
Solicitation Title Awarding Agency
2021 BJA FY 21 Edward Byrne Memorial OJP
Justice Assistance Grant (JAG) Program -
Local Solicitation Program Office
BJA
Application Number
GRANT13416728
Grant Manager Name Phone Number
202-598-7538
Kathy Mason
E-mail Address
Kathy.Mason@usdoj.gov
Project Title
FY2021 Pueblo Law Enforcement Enhancement Project
Performance Period Performance Period End
Start Date Date
10/01/2020 09/30/2024
Budget Period Start Budget Period End Date
Date 09/30/2024
10/01/2020
Project Description
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states
and units of local government, including tribes, to support a broad range of activities to
prevent and control crime based on their own state and local needs and conditions.
Grant funds can be used for state and local initiatives, technical assistance, training,
personnel, equipment, supplies, contractual support, and information systems for
criminal justice, including for any one or more of the following program areas: 1) law
enforcement programs; 2) prosecution and court programs; 3) prevention and
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education programs; 4) corrections and community corrections programs; 5) drug
treatment and enforcement programs; 6) planning, evaluation, and technology
improvement programs; and 7) crime victim and witness programs (other than
compensation) and 8) mental health programs and related law enforcement and
corrections programs, including behavioral programs and crisis intervention teams.
This JAG award will be used to support criminal justice initiatives that fall under one or
more of the allowable program areas above. Funded programs or initiatives may
include multijurisdictional drug and gang task forces, crime prevention and domestic
violence programs, courts, corrections, treatment, justice information sharing
initiatives, or other programs aimed at reducing crime and/or enhancing public/officer
I have read and understand the information presented in this section of the Federal Award
Instrument.
" Financial Information
This award is offered subject to the conditions or limitations set forth in the Award
Information, Project Information, Financial Information, and Award Conditions.
I have read and understand the information presented in this section of the Federal Award
Instrument.
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award
Information, Project Information, Financial Information, and Award Conditions.
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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 2021 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this
FY 2021 award supplements funds previously awarded by OJP under the same award number
(e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements
apply with respect to all funds under that award number (regardless of the award date, and
regardless of whether derived from the initial award or a supplemental award) that are
obligated on or after the acceptance date of this FY 2021 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to
OJP awards and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any
subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the
date of submission of the final expenditure report (SF 425), unless a different retention period
applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must
provide access, include performance measurement information, in addition to the financial
records, supporting documents, statistical records, and other pertinent records indicated at 2
C.F.R. 200.333.
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 OJP promptly for
clarification.
EM2
Requirement to report actual or imminent breach of personally identifiable information (PI I)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to
respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -
- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes
of"Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-
funded program or activity, or (2) uses or operates a "Federal information system" (OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual
or imminent breach of PII to an OJP Program Manager no later than 24 hours after an
occurrence of an actual breach, or the detection of an imminent breach.
c3
Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have
successfully completed an "OJP financial management and grant administration training" by
120 days after the date of the recipient's acceptance of the award. Successful completion of
such a training on or after January 1, 2019, will satisfy this condition.
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In the event that either the Grant Award Administrator or a Financial Manager for this award
changes during the period of performance, the new Grant Award Administrator or Financial
Manager must have successfully completed an "OJP financial management and grant
administration training" by 120 calendar days after the date the Entity Administrator enters
updated Grant Award Administrator or Financial Manager information in JustGrants.
Successful completion of such a training on or after January 1, 2019, 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.
M4
Safe policing and law enforcement subrecipients
If this award is a discretionary award, the recipient agrees that it will not make any subawards
to State, local, college, or university law enforcement agencies unless such agencies have
been certified by an approved independent credentialing body or have started the certification
process. To become certified, law enforcement agencies must meet two mandatory conditions:
(1) the agency's use of force policies adhere to all applicable federal, state, and local laws; and
(2) the agency's use of force policies prohibit chokeholds except in situations where use of
deadly force is allowed by law. For detailed information on this certification requirement, see
https://cops.usdoj.gov/SafePolicingEO.
c5
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.
1E16
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any
assurances or certifications submitted by or on behalf of the recipient that relate to conduct
during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ")
may determine that it will not enforce, or enforce only in part, one or more requirements
otherwise applicable to the award. Any such exceptions regarding enforcement, including any
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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.
rEi7 •
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R.
Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically
including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or
refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and
requirements that pertain to recipient and subrecipient ("subgrantee") organizations that
engage in or conduct explicitly religious activities, as well as rules and requirements that
pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations
(currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title
28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
LE18
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R.
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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.
c9
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."
1E110
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 OVW, as appropriate) for
guidance.
X11
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").
X12
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Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness
of work under this award. The data must be provided to OJP in the manner (including within
the timeframes) specified by OJP in the program solicitation or other applicable written
guidance. Data collection supports compliance with the Government Performance and Results
Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
M13
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.
M14
Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award
(as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding
announcement (solicitation), or an associated federal statute -- that a purpose of some or all of
the activities to be carried out under the award (whether by the recipient, or a subrecipient at
any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before
certain individuals may interact with participating minors. This requirement applies regardless
of an individual's employment status.
The details of this requirement are posted on the OJP web site at
https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of
suitability required, in advance, for certain individuals who may interact with participating
minors), and are incorporated by reference here.
M15
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
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email address), and 4. The reasons for the high-risk status, as set out by the federal awarding
agency.
M16
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as
posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at
https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be
posted during the period of performance. The recipient agrees to comply with the DOJ Grants
Financial Guide.
X17
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.
M18
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2021)
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,
2021, are set out at https://ojp.gov/funding/Explore/FY21AppropriationsRestrictions.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.
M19
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.
M20
Employment eligibility verification for hiring under the award
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1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or
will be funded (in whole or in part) with award funds, the recipient (or any subrecipient)
properly verifies the employment eligibility of the individual who is being hired, consistent with
the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be
involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it
unlawful, in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be
notified of the award requirement for employment eligibility verification and of the associated
provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform
Requirements), maintain records of all employment eligibility verifications pertinent to
compliance with this award condition in accordance with Form 1-9 record retention
requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with
this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award
funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions
designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this
award" specifically includes (without limitation) any and all recipient (or any subrecipient)
officials or other staff who are or will be involved in the hiring process with respect to a position
that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of
employment eligibility, the recipient (or any subrecipient) may choose to participate in, and
use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of
the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures,
including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm
employment eligibility for each hiring for a position in the United States that is or will be funded
(in whole or in part) with award funds.
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C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin
Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any
subrecipient at any tier, or any person or other entity, to violate any federal law, including any
applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any
recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise
imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit
the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify
employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before
award acceptance.
I21
Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a
procurement contract or subcontract with any funds under this award, may require any
employee or contractor to sign an internal confidentiality agreement or statement that prohibits
or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law)
of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award,
to contravene requirements applicable to Standard Form 312 (which relates to classified
information), Form 4414 (which relates to sensitive compartmented information), or any other
form issued by a federal department or agency governing the nondisclosure of classified
information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or
statements from employees or contractors that currently prohibit or otherwise currently restrict
(or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or
abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or
contractors to execute agreements or statements that prohibit or otherwise restrict (or purport
to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds, will provide prompt written notification
to the federal agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"),
procurement contracts, or both--
cif/
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a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will
receive award funds (whether through a subaward ("subgrant"), procurement contract, or
subcontract under a procurement contract) either requires or has required internal
confidentiality agreements or statements from employees or contractors that currently prohibit
or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from
reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this
representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor
entity that receives funds under this award is or has been requiring its employees or
contractors to execute agreements or statements that prohibit or otherwise restrict (or purport
to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds to or by that entity, will provide prompt
written notification to the federal agency making this award, and will resume (or permit
resumption of) such obligations only if expressly authorized to do so by that agency.
122
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.
Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled
"Crime Control and Law Enforcement." The reclassification encompassed a number of
statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative
agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory
provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a
reference to that statutory provision as reclassified to Title 34. This rule of construction
specifically includes references set out in award conditions, references set out in material
incorporated by reference through award conditions, and references set out in other award
requirements.
M23
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 Subgrantees, available at
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
M24
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
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therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web
site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All
subawards ("subgrants") must have specific federal authorization), and are incorporated by
reference here.
1E125
Requirements related to System for Award Management and Universal Identifier
Requirements
The recipient must comply with applicable requirements regarding the System for Award
Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable
requirements regarding registration with SAM, as well as maintaining the currency of
information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-
tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that
do not acquire and provide (to the recipient) the unique entity identifier required for SAM
registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are
posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:
System for Award Management (SAM) and Universal Identifier Requirements), and are
incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural
person (i.e., unrelated to any business or non-profit organization that he or she may own or
operate in his or her name).
M26
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. See 31 U.S.C. 1352. Certain exceptions to this law
apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or
subrecipient) would or might fall within the scope of these prohibitions, the recipient is to
901
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contact OJP for guidance, and may not proceed without the express prior written approval of
OJP.
IM27
Specific post-award approval required to use a noncompetitive approach in any procurement
contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements to obtain specific advance approval to use a noncompetitive approach in any
procurement contract that would exceed the Simplified Acquisition Threshold (currently,
$250,000). This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a procurement "contract" (and therefore does
not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a
procurement contract under an OJP award are posted on the OJP web site at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific
post-award approval required to use a noncompetitive approach in a procurement contract (if
contract would exceed $250,000)), and are incorporated by reference here.
128
Requirements pertaining to prohibited conduct related to trafficking in persons (including
reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited conduct
related to the trafficking of persons, whether on the part of recipients, subrecipients
("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the
recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in
persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-
Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to
trafficking in persons (including reporting requirements and OJP authority to terminate award)),
and are incorporated by reference here.
M29
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives
any other award of federal funds during the period of performance for this award, the recipient
promptly must determine whether funds from any of those other federal awards have been, are
being, or are to be used (in whole or in part) for one or more of the identical cost items for
which funds are provided under this award. If so, the recipient must promptly notify the DOJ
awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so
requested by the DOJ awarding agency, must seek a budget-modification or change-of-
project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of
funding.
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M30
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the
DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee,
agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds
under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award
should be reported to the OIG by--(1) online submission accessible via the OIG webpage at
https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail
directed to: U.S. Department of Justice, Office of the Inspector General, Investigations
Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530;
and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee
Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
M31
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards
("subgrants") of$30,000 or more and, in certain circumstances, to report the names and total
compensation of the five most highly compensated executives of the recipient and first-tier
subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations,
which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA),
are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award
condition: Reporting Subawards and Executive Compensation), and are incorporated by
reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than
$30,000, or (2) an award made to an individual who received the award as a natural person
(i.e., unrelated to any business or non-profit organization that he or she may own or operate in
his or her name).
M32
Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's
guidelines, protocols, and procedures, and to cooperate with OJP (including the grant
manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to
such monitoring, including requests related to desk reviews and/or site visits. The recipient
agrees to provide to OJP all documentation necessary for OJP to complete its monitoring
tasks, including documentation related to any subawards made under this award. Further, the
recipient agrees to abide by reasonable deadlines set by OJP for providing the requested
documents. Failure to cooperate with OJP's monitoring activities may result in actions that
affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review;
designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
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n33
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.
M34
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.
M35
Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice
Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any
tier) must conform to the Global Standards Package (GSP) and all constituent elements,
where applicable, as described at: https:// it.ojp.gov/ gsp_grantcondition. The recipient (and
any subrecipient at any tier) must document planned approaches to information sharing and
describe compliance with the GSP and appropriate privacy policy that protects shared
information, or provide detailed justification for why an alternative approach is recommended.
X36
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law
enforcement information sharing systems which involve interstate connectivity between
jurisdictions, such systems shall employ, to the extent possible, existing networks as the
communication backbone to achieve interstate connectivity, unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or
would impair the functionality of an existing or proposed IT system.
(E137
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this /4
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award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23,
Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be
applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its
discretion, perform audits of the system, as per the regulation. Should any violation of 28
C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient
may not satisfy such a fine with federal funds.
X38
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.
Part 46 and all OJP policies and procedures regarding the protection of human research
subjects, including obtainment of Institutional Review Board approval, if appropriate, and
subject informed consent.
X39
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality
requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use,
and revelation of data or information. The recipient further agrees, as a condition of award
approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part
22 and, in particular, 28 C.F.R. 22.23.
Mao
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force
funded with award funds who is a task force commander, agency executive, task force officer,
or other task force member of equivalent rank, must complete required online (internet-based)
task force training. Additionally, all future task force members must complete this training once
during the period of performance for this award, or once every four years if multiple OJP
awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task
Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness,
as well as other key issues including privacy and civil liberties/rights, task force performance
measurement, personnel selection, and task force oversight and accountability. If award funds
are used to support a task force, the recipient must compile and maintain a task force
personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center
for Task Force Integrity and Leadership (www.ctfli.org).
M41
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per
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day. A detailed justification must be submitted to and approved by the OJP program office prior
to obligation or expenditure of such funds.
M42
"Methods of Administration" - monitoring compliance with civil rights laws and
nondiscrimination provisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with
applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date
of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at
CivilRightsMOA@usdoj.gov) written Methods of Administration ("MOA") for subrecipient
monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by
another authorized federal agency), the recipient must make associated documentation
available for review.
The details of the recipient's obligations related to Methods of Administration are posted on the
OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm
(Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017
Update)), and are incorporated by reference here.
M43
The recipient understands that, in accepting this award, the Authorized Representative
declares and certifies, among other things, that he or she possesses the requisite legal
authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or
adopts) all material requirements that relate to conduct throughout the period of performance
under this award. The recipient further understands, and agrees, that it will not assign anyone
to the role of Authorized Representative during the period of performance under the award
without first ensuring that the individual has the requisite legal authority.
M44
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;
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b. Minor renovation or remodeling of a property located in an environmentally or historically
sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat
for endangered species, or a property listed on or eligible for listing on the National Register of
Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a
change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that
are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for
example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory
operations, including the identification, seizure, or closure of clandestine methamphetamine
laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation
of an Environmental Assessment and/or an Environmental Impact Statement, as directed by
BJA. The recipient further understands and agrees to the requirements for implementation of a
Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to
methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the
recipient's or its subrecipients' existing programs or activities that will be funded by these
award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in
any preparation by BJA of a national or program environmental assessment of that funded
program or activity.
1E145
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect
to a subaward) is required to establish a trust fund account. Recipients (and subrecipients)
must maintain advance payments of federal awards in interest-bearing accounts, unless
regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest,
may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to
obligate the award funds in the trust fund (including any interest earned) during the period of
performance for the award and expend within 90 days thereafter. Any unobligated or
unexpended funds, including interest earned, must be returned to OJP at the time of closeout.
X46
All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425).
Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual
performance reports through JustGrants and Local JAG Category One (Less than $25K) must
submit annual performance reports through JustGrants. Consistent with the Department's
responsibilities under the Government Performance and Results Act (GPRA) and the GPRA
Modernization Act of 2010, the recipient must provide data that measure the results of its work.
The recipient must submit quarterly performance metrics reports through BJA's Performance
Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed
information on reporting and other JAG requirements, refer to the JAG reporting requirements
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webpage. Failure to submit required JAG reports by established deadlines may result in the
freezing of grant funds and future High Risk designation.
M47
Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award
must submit quarterly accountability metrics data related to training that officers have received
on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive
engagement with the public.
X48
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG
program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that
extraordinary and exigent circumstances exist, making such expenditures essential to the
maintenance of public safety and good order.
X49
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or
after October 1, 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
(October 1, 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-- (1)
the recipient makes a valid acceptance of the award, and (2) all applicable withholding
conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding
condition is a condition in the award document that precludes the recipient from obligating,
expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of
project costs incurred "at-risk," if and when the recipient makes a valid acceptance of this
award and OJP removes each applicable withholding condition through an Award Condition
Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse
itself for project costs incurred "at-risk" earlier during the period of performance (such as
project costs incurred prior to award acceptance or prior to removal of an applicable
withholding condition), provided that those project costs otherwise are allowable costs under
the award.
M50
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA
profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database
operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles
generated under this award may be entered or uploaded into any non-governmental DNA
database without prior express written approval from BJA. Award funds may not be used for
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the purchase of DNA equipment and supplies unless the resulting DNA profiles may be
accepted for entry into CODIS. Booking agencies should work with their state CODIS agency
to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA
Booking Operational Procedures Manual).
X51
Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18
U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this
award to fund (in whole or in part) a specific project or program (such as a law enforcement,
prosecution, or court program) that results in any court dispositions, information, or other
records that are "eligible records" (under federal or State law) relevant to the National Instant
Background Check System (NICS), or that has as one of its purposes the establishment or
improvement of records systems that contain any court dispositions, information, or other
records that are "eligible records" (under federal or State law) relevant to the NICS, the
recipient (or subrecipient, if applicable) must ensure that all such court dispositions,
information, or other records that are "eligible records" (under federal or State law) relevant to
the NICS are promptly made available to the NICS or to the "State" repository/database that is
electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly
must update, correct, modify, or remove such NILS-relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to
demonstrate diligent monitoring of compliance with this condition (including subrecipient
compliance). DOJ will give great weight to any such evidence in any express written
determination regarding this condition.
M52
Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest
Partnership (BVP) program.
cJ53
Certification of body armor "mandatory wear" policies
If recipient uses funds under this award to purchase body armor, the recipient must submit a
signed certification that law enforcement agencies receiving body armor purchased with funds
from this award have a written "mandatory wear" policy in effect. The recipient must keep
signed certifications on file for any subrecipients planning to utilize funds from this award for
ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at
least all uniformed officers before any funds from this award may be used by an agency for
body armor. There are no requirements regarding the nature of the policy other than it be a
mandatory wear policy for all uniformed officers while on duty.
Mi54
Body armor- compliance with NIJ standards and other requirements
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Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be
purchased at any threat level, make or model, from any distributor or manufacturer, as long as
the body armor has been tested and found to comply with applicable National Institute of
Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List
(https://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)(A). The latest
NIJ standard information can be found here: https:// nij.gov/ topics/technology/ body-armor/
pages/ safety-initiative.aspx.
Ti55
Body armor- impact on eligibility for other program funds
The recipient understands that the use of funds under this award for purchase of body armor
may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a
separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5).
T156
BJA- JAG - Withholding of Funds for MOU
Withholding of funds: Memorandum of Understanding
The recipient may not expend or draw down any award funds until OJP has reviewed and
approved the Memorandum of Understanding (MOU), and an Award Condition Modification
has been issued to remove this condition.
M57
BJA- JAG - Withholding of Funds for Chief Executive Certification
Withholding of funds: Required certification from the chief executive of the applicant
government
The recipient may not expend or draw down any award funds until the recipient submits the
required "Certifications and Assurances by the Chief Executive of the Applicant Government,"
properly-executed (as determined by OJP), and an Award Condition Modification has been
issued to remove this condition.
No more data to load
I have read and understand the information presented in this section of the Federal Award
Instrument.
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Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to
Acceptance
By checking the declaration and certification box below, I--
A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I
have authority to make this declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant,
to the best of my knowledge and belief, that the following are true as of the date of
this award acceptance: (1) I have conducted or there was conducted (including by
applicant's legal counsel as appropriate and made available to me) a diligent review
of all terms and conditions of, and all supporting materials submitted in connection
with, this award, including any assurances and certifications (including anything
submitted in connection therewith by a person on behalf of the applicant before,
after, or at the time of the application submission and any materials that accompany
this acceptance and certification); and (2) I have the legal authority to accept this
award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and
the applicant: (1) I understand that, in taking (or not taking) any action pursuant to
this declaration and certification, DOJ will rely upon this declaration and certification
as a material representation; and (2) I understand that any materially false, fictitious,
or fraudulent information or statement in this declaration and certification (or
concealment or omission of a material fact as to either) 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 subject me and the applicant to civil
penalties and administrative remedies under the federal False Claims Act (including
under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Agency Approval
Title of Approving Official Name of Approving Official Signed Date And Time
Deputy Assistant Attorney Maureen Henneberg 9/16/21 3:31 PM
General
Authorized Representative
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Entity Acceptance
Title of Authorized Entity Official
Signed Date And Time
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U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Edward Byrne Justice Assistance Grant Program FY 2021 Local Solicitation
Certifications and Assurances by the Chief Executive of the Applicant Government
On behalf of the applicant unit of local government named below, in support of that locality's application for an award
under the FY 2021 Edward Byrne Justice Assistance Grant("JAG") Program, and further to 34 U.S.C. § 10153(a), I
certify to the Office of Justice Programs("OJP"), U.S. Department of Justice ("USDOJ"), that all of the following are
true and correct:
1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make
the following representations on my own behalf as chief executive and on behalf of the applicant unit of local
government. I understand that these representations will be relied upon as material in any OJP decision to make
an award, under the application described above, to the applicant unit of local government.
2. I certify that no federal funds made available by the award (if any)that OJP makes based on the application
described above will be used to supplant local funds, but will be used to increase the amounts of such funds
that would, in the absence of federal funds, be made available for law enforcement activities.
3. I assure that the application described above (and any amendment to that application)was submitted for review
to the governing body of the unit of local government (e.g., city council or county commission), or to an
organization designated by that governing body, not less than 30 days before the date of this certification.
4. I assure that, before the date of this certification—(a)the application described above (and any amendment to
that application)was made public; and (b)an opportunity to comment on that application (or amendment)was
provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or
established procedure made such an opportunity available.
5. I assure that, for each fiscal year of the award (if any)that OJP makes based on the application described
above, the applicant unit of local government will maintain and report such data, records, and information
(programmatic and financial), as OJP may reasonably require.
6. I have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the
award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified
therein.
t �
t•4A/ y JA-24o •a a•1/
Si ature of Chief Exec e of the Applicant Unit of Date of Certification
Local Government
Nid•caf trio(
Printed Name of Chief Executive Title of C ief E ecutive
Name of l�pli nt nit o Local Government
Rev.May 11,2021
MEMORANDUM OF UNDERSTANDING
CONCERNING RECEIPT AND DISBURSEMENT OF
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT(JAG)
FUNDS FOR FY 2021
(GRANT#15PBLA-21-GG-01279-JAGX)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 32s9day
of November 2021, by and between the City of Pueblo, a Municipal Corporation (hereafter
referred to as the "City") and Pueblo County, Colorado (hereafter referred to as the
"County").
WITN ESSETH:
WHEREAS, the parties recognize that for FY 2021 Edward Byrne Memorial Justice
Assistance Grant (JAG) funding, administered by the U.S. Office of Justice Programs,
Pueblo County has been certified as a disparate jurisdiction by the Colorado State Attorney
General's Office; and
WHEREAS, Federal Edward Byrne Memorial Justice Assistance Grant funding
requires that a certified disparate county and the city or cities within the county are to
divide available funds to their mutual satisfaction,and that if the parties are unable to reach
a mutual agreement, no jurisdiction is eligible to receive funds; and
WHEREAS,the parties reached an agreement over the receipt of$102,570.00 in JAG
funds and the disbursement of those funds and wish to set such agreement as follows.
NOW,THEREFORE, in consideration of the mutual covenants contained herein and
in accordance with Federal law,the parties agree as follows:
1. The $102,570.00 JAG Grant Funds will be allocated as follows: The City will
receive $77,953.00 and will use these resources to fund one or more projects/programs
that are outlined in the Program Narrative attachment of the application. The County will
receive$24,616.00 of which the Pueblo County Sheriff's Department will receive$19,693.00
to fund one or more different projects/programs that are outlined in the Program Narrative
attachment of the application. The Pueblo County District Attorney will receive $4,923.00
of the County's allocation to fund one or more different projects/programs that are
outlined in the Program Narrative attachment of the application. The City will serve as the
applicant/fiscal agent.
2. The City, County, Pueblo County Sheriff's Department and Pueblo County
District Attorney shall each meet and comply with the assurances, certifications, general
and special conditions set forth in the FY 2021 JAG Grant Funds Award which are
incorporated herein as if set out herein in full and shall expend their respective funds solely
for their approved projects.
Memorandum of Understanding
Concerning Receipt and Disbursement of
Edward Byrne Memorial Justice Assistance Grant Funds for FY 2021
Page-2
IN WITNESS WHEREOF, the parties have entered into this Memorandum of Understanding the day and year
first written above.
ATTEST: / PUEBL• C•UNTY,COLORADO
By By d'
Clerk to the Board Che man,Board of County Commissioners
ATTEST: CITY OF PUEBLO,A Municipal Corporation
By S' By Xatiesai,
fCity Clerk Mayo
ATTEST: PUEBLO COUNTY H 'IFF
By \m1"`q 6'i "` '�� By
Kirk Taylor,Sreriff
ATTEST: CITY OF PUEBLO POLICE DEPARTMENT
By )41.11 `1J1.�(\Gill By
Chris Noeller,Chief of Police
ATTEST: 10TH JUDICIAL DISTRICT ATTORNEY
By it , G(c C-._. .Q}AAAA71--.
Jeff Chostner,District Attorney