HomeMy WebLinkAbout11277Docusign Envelope ID: 70947661-11 F5-8077-8388-22FF344E08BC
City Clerk's Office Item # S5
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Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: September 28, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Chris Noeller, Chief of Police
SUBJECT: AN ORDINANCE ACCEPTING THE 2025 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT, AWARD NUMBER 15PBJA-25-GG-
03414-JAGX, ESTABLISHING PROJECT NUMBER PS2610,
BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF
$122,927 THEREFOR, APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION, AND PUEBLO COUNTY, COLORADO
RELATING TO THE RECEIPT AND DISBURSEMENT OF THE GRANT
FUNDS, AND RATIFYING THE MAYOR'S PRIOR EXECUTION OF
SAME
SUMMARY:
Attached is an Ordinance accepting the 2025 Edward Byrne Memorial Justice
Assistance Grant, Award No. 15PBJA-25-GG-03414-JAGX (Grant Opportunity No. O-
BJA-2025-172542), in the amount of $122,927 from the United States Department of
Justice. The Ordinance also approves the April 7, 2026 Memorandum of Understanding
between the City of Pueblo and Pueblo County, Colorado concerning receipt and
disbursement of the grant funds, ratifies the Mayor's prior execution of both the award
document and the Memorandum of Understanding, and appropriates the grant funds to
project number PS2610. The federal acceptance period required the Mayor's signature
before the next available Council meeting; ratification by this Ordinance conforms the
executive act to Council approval.
PREVIOUS COUNCIL ACTION:
On September 23, 2024, City Council approved Resolution No. 15769, which
authorized the application for the 2024 Edward Byrne Memorial Justice Assistance
Grant (Solicitation No. O-BJA-2024-172238) and approved the corresponding
Memorandum of Understanding with Pueblo County.
Docusign Envelope ID: 70947661-11 F5-8077-8388-22FF344E08BC
ORDINANCE NO. 11277
AN ORDINANCE ACCEPTING THE 2025 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT, AWARD NUMBER
15PBJA-25-GG-03414-JAGX, ESTABLISHING PROJECT
NUMBER PS2610, BUDGETING AND APPROPRIATING FUNDS
IN THE AMOUNT OF $122,927 THEREFOR, APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND
PUEBLO COUNTY, COLORADO RELATING TO THE RECEIPT
AND DISBURSEMENT OF THE GRANT FUNDS, AND
RATIFYING THE MAYOR'S PRIOR EXECUTION OF SAME
WHEREAS, the City of Pueblo has been awarded a 2025 Edward Byrne Memorial
Justice Assistance Grant, Award No. 15PBJA-25-GG-03414-JAGX, in the amount of
$122,927.00 from the United States Department of Justice; and
WHEREAS, the funds from this Grant will be utilized by the Pueblo Police Department,
the Pueblo County Sheriff's Office, and the Tenth Judicial District Attorney's Office to benefit the
health, welfare, and safety of the citizens of the City; and
WHEREAS, the City of Pueblo and Pueblo County, Colorado have entered into a
Memorandum of Understanding dated April 7, 2026 concerning the receipt and disbursement of
the Grant funds; and
WHEREAS, the federal acceptance period required execution of the award document
and the Memorandum of Understanding by Mayor Graham prior to Council action, and Mayor
Graham executed those documents so that the Grant funds would be available to the City and
County; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The 2025 Edward Byrne Memorial Justice Assistance Grant, Award No. 15PBJA-25-GG-
03414-JAGX, in the amount of $122,927.00 from the United States Department of Justice,
together with all Special Conditions and other conditions applicable to the award, is hereby
accepted.
SECTION 2.
Project No. PS2610 is hereby established, and funds in the amount of $122,927.00 from
the 2025 Edward Byrne Memorial Justice Assistance Grant are hereby budgeted and
appropriated to Project No. PS2610 for the purposes set forth in the Grant application.
SECTION 3.
The Memorandum of Understanding dated April 7, 2026, by and between the City of
Pueblo, a Colorado Municipal Corporation, and Pueblo County, Colorado, concerning the
receipt and disbursement of the 2025 Edward Byrne Memorial Justice Assistance Grant funds,
a copy of which is attached hereto, having been approved as to form by the City Attorney, is
hereby approved.
Docusign Envelope ID: 70947661-11 F5-8077-8388-22FF344E08BC
SECTION 4
Mayor Graham is authorized to execute the Grant award document and the
Memorandum of Understanding in the name of the City of Pueblo, and her prior signature on
both documents is hereby ratified and approved. The City Clerk is directed to affix the seal of
the City to the Memorandum of Understanding and attest the same. Mayor Graham is further
authorized to execute any and all certifications, assurances, and other documents associated
with the Grant.
SECTION 5
The officers and staff of the City of Pueblo are authorized to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures described
herein.
SECTION 6_
This 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 September 14, 2026.
Final adoption of Ordinance by City Council on September 28, 2026. DOCUSignedby:
President of City Council
Docusign Envelope ID: 70947661-11 F5-8077-8388-22FF344E08BC
Action by the Mayor:
❑ Approved on
❑ Disapproved on
09/30/2026
based on the following objections:
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
Mayor
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST Docusigned by:
t374
1
City Clerk
Docusign Envelope ID: 70947661-11 F5-8077-8388-22FF344E08BC
The Edward Byrne Memorial Justice Assistance Grant Local Solicitation is an annual
formula grant that has been in place since 2005. The City and County of Pueblo have
received a cumulative total of approximately $2,568,765 in Justice Assistance Grant
funds through this award.
BACKGROUND:
The Edward Byrne Memorial Justice Assistance Grant Program, administered by the
United States Department of Justice, Bureau of Justice Assistance, provides funds to
units of local government to improve law enforcement technology and upgrade
necessary equipment. The program supports a broad range of activities to prevent and
control crime and improve the criminal justice system.
Pueblo County has been certified as a disparate jurisdiction by the Colorado State
Attorney General's Office. Under federal Justice Assistance Grant rules, a certified
disparate county and the city or cities within the county must divide the available funds
by mutual agreement, and if the parties cannot reach agreement, no jurisdiction
receives funds. The City serves as the applicant and fiscal agent for the award.
The parties have reached agreement on the disbursement of the FY2025 award in the
April 7, 2026 Memorandum of Understanding. Under that agreement, the City receives
$93,424.52 (76% of the total award) and Pueblo County receives $29,502.48 (24% of
the total award). Of the County's share, the Pueblo County Sheriff's Office receives
$23,601.98 (80%) and the Tenth Judicial District Attorney's Office receives $5,900.50
(20%).
The federal award instrument was issued July 31, 2026, with an acceptance period that
required execution of the award document before the next available Council meeting.
Mayor Graham accordingly executed the award document and the accompanying
Memorandum of Understanding so that the Grant funds would be available to the City
and County. This Ordinance ratifies those executive acts and appropriates the Grant
funds to Project No. PS2610.
The City's share of $93,424.52 will fund four Police Department equipment projects:
desktop, laptop, and other computer -related equipment for the entire Department;
tactical breaching tools for the Special Investigations Division; additional Pueblo Metro
Bomb Squad equipment (including manipulator and disrupter kits); and miscellaneous
supplies, tools, and equipment upgrades supporting Department operations. A detailed
line -item breakdown is provided in the attached Itemization of Projects.
FINANCIAL IMPLICATIONS:
The Grant provides $122,927 to the City and County of Pueblo with no required match.
The City's share is $93,424.52. The remaining $29,502.48 is disbursed to Pueblo
County under the Memorandum of Understanding, in the amounts set forth above. The
FY2025 award is $18,893 greater than the FY2024 award. The City serves as fiscal
agent and administers the drawdown. The County provides the City with quarterly
reports, which the Police Department monitors.
Docusign Envelope ID: 70947661-11 F5-8077-8388-22FF344E08BC
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
The Bureau of Justice Assistance requires the applicant to provide an opportunity for
public comment on the proposed use of Justice Assistance Grant funds, which was
held on Tuesday, August 25, 2026. City and County law enforcement leadership have
agreed to the disbursement terms set forth in the Memorandum of Understanding. The
City Attorney's Office, the Pueblo County Attorney's Office, and the City Finance
Department have reviewed and approved the award documents and the Memorandum
of Understanding.
ALTERNATIVES:
If this Ordinance is not approved, the Mayor's signatures on the award document and
the Memorandum of Understanding will not be ratified, the City will not accept the
$122,927 Grant, and the funds will not be available to the Pueblo Police Department,
the Pueblo County Sheriff's Office, or the Tenth Judicial District Attorney's Office.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. 2025 BJA JAG MOU signed
2. 2025 JAG Itemization of Projects
3. Special Conditions
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
Name and Address of Recipient: CITY OF PUEBLO, COLORADO MUNICIPAL BUILDING
CORPORATION
1 CITY HALL PL
, State and Zip: PUEBLO, CO 81003
Recipient UEI: NJK3BNUDRHJ7
Project Title: Pueblo JAG local Award Number:
olicitation Title: BJA FY25 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — Local Formula
Federal Award Amount: $122,927.00
warding Agency:
Award Type:
Funding Instrument Type
Federal Award Date: 7/31/26
Office of Justice Programs
Bureau of Justice Assistance
Initial
Grant
Opportunity Category: M
Assistance Listing:
16.738 - Edward Byrne Memorial Justice Assistance Grant Program
Project Period Start Date: 10/1/24
Budget Period Start..... Date: 10/1/24
Project Period End Date: 9/30/28
Project Description:
The City of Pueblo requests formula funds to distribute to Pueblo Police Department, Pueblo County Sherriff's Office,
and the District Attorney's Office to purchase equipment, supplies, technical assistance for criminal justice and civil
proceedings. FY2025 projects include law enforcement programs, prosecution and court programs, and technology
improvements.
ward Letter
my 31, 2026
Dear Heather Graham,
On behalf of the Attorney General, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved
the application submitted by CITY OF PUEBLO, COLORADO MUNICIPAL BUILDING CORPORATION for an award
under the funding opportunity entitled 2025 BJA FY25 Edward Byrne Memorial Justice Assistance Grant (JAG)
Program — Local Formula. The approved award amount is $122,927.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before
accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information,
Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award
Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but
also compliance with assurances and certifications that relate to conduct during the period of performance for the
award. These requirements encompass financial, administrative, and programmatic matters, as well as other important
matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the
assurances and certifications, and the application as approved by OJP, so that they understand the award
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requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies
for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator,
and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to
ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the
entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts
of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and
certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if
you haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received
an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Maureen A. 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) enforces federal
civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP,
the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW).
Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of
1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those
laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of
services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in
the provision of services on the bases of age.
Some recipients of DOJ financial assistance have additional obligations to comply with other applicable
nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits
discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have
related requirements regarding the development and implementation of equal employment opportunity programs.
OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations.
Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ
recipients that are the subject of discrimination complaints. In addition, OCR conducts compliance reviews of DOJ
recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether
DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory
manner.
For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees
or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical
g,please www p qov plr gir imk iylill lrlrgh fli q.0 lr lrm. If you would
assistance, training and other resources, visit
like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilitiesasll<OCII o, please contact us at .....................
u..usdo ov or www.o" ov/.. iro ira....Lcliviill::::t. limas o fice/albou..ut ocir cointacts,
I .................................1.....9................ i..p......9.....................1..............9...................................................................9..................................................................................................................................................................................................
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages
NEPA Letter
All BJA awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et seq.) and other related
Page: 2 of 24
federal laws (including the National Historic Preservation Act), if applicable. Award recipients (and subrecipients, as
applicable) must support BJA's compliance with NEPA by providing details about their project, its location, and any
resources that might be affected. BJA complies with NEPA (and other related federal laws) for an award -funded activity
by evaluating the environmental impacts of the activity in one of three levels of analysis: a Categorical Exclusion
(CATEX), an Environmental Assessment (EA), or an Environmental Impact Statement (EIS). See https://bja.ojp.gov/
funding/nepa®guidance for additional information regarding NEPA implementation.
'arefully review the conditions on this award for information about any requirements specific to NEPA compliance for
his award.
After completion of any required environmental analysis, throughout the term of this award the recipient must inform
BJA of (1) any change(s) that it is considering making to the previously assessed activity that may be relevant to
environmental impact; or (2) any proposed new activities or changed circumstances that may require assessment as to
environmental impact, such as new activities that involve the use of chemicals or involve construction or major
renovation. The recipient may not implement a proposed change or new activity until BJA, with the assistance of the
recipient, has determined whether the proposed change or new activity (or changed circumstances) will require
additional review under NEPA. Approval for implementation will not be unreasonably withheld as long as any
requested modification(s) is consistent with eligible program purposes and found acceptable under an approved
environmental impact review process.
estions about NEPA compliance may be directed to your grant manager.
NEPA Coordinator
First Name
Middle Name
no value
Last Name
Casto
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
UEI
VJK3BNUDRHJ7
1 CITY HALL PL
City
PUEBLO
,ip/Postal Code
1003
my/Parish
Street 2
State/U.S. Territory
Colorado
Country
United States
Province
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ward Details
Federal Award Date
7/31/26
Award Number
15PBJA-25-GG-03414-JAGX
Award Type
Initial
Supplement Number
00
Federal Award Amount Funding Instrument Type
$122,927.00 Grant
Assistance Listing
Number Assistance Listings Program Title
16.738 Edward Byrne Memorial Justice Assistance Grant Program
Statutory Authority
Pub. L. No. 90-351, Title I, Part E, subpart 1 (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
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
olicitation Title
)25 BJA FY25 Edward Byrne Memorial Justice
ssistance Grant (JAG) Program — Local Formula
pplication Number
RANT14606174
rant Manager Name
3hley Gardner
Project Title
'ueblo JAG local
Performance Period Start
Date
10/01/2024
Budget Period Start Date
10/01/2024
Phone Number
202-880-7398
Awarding Agency
OJP
Program Office
BJA
Performance Period End Date
09/30/2028
Budget Period End Date
09/30/2028
E-mail Address
Ashley.Gardner@usdoj.gov
Project Description
The City of Pueblo requests formula funds to distribute to Pueblo Police Department, Pueblo County Sherriff's Office,
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and the District Attorney's Office to purchase equipment, supplies, technical assistance for criminal justice and civil
3roceedings. FY2025 projects include law enforcement programs, prosecution and court programs, and technology
mprovements.
] 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.
ward Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Condition 1
Compliance with general appropriations -law restrictions on the use of federal funds (FY 2025)
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 are indicated at https://ojp.gov/funding/Explore/FY25AppropriationsRestrictions.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.
tion 2
iance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
ie recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
.F.R. Part 38.
Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the
Department of Justice to support or engage in any explicitly religious activities except when consistent with the
Establishment Clause of the First Amendment to the U.S. Constitution and any other applicable requirements. An
organization receiving Federal financial assistance also may not, in providing services funded by the Department of
Justice or in outreach activities related to such services, discriminate against a program beneficiary or prospective
program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or
participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient
("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements
that pertain to recipients and subrecipients that are faith -based or religious organizations. In addition, Part 38 states
that a faith -based organization that participates in a Department of Justice funded program retains its independence
from the Government and may continue to carry out its mission consistent with religious freedom and conscience
protections in Federal law.
Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and
prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially
similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found
at https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-and-other-neighborhood-organizations.
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In certain instances, a faith -based or religious organization may be able to take religion into account when making
hiring decisions, provided it satisfies certain requirements. For more information, see "Nondiscrimination provisions and
the Religious Freedom Restoration Act," accessible at https://www.ojp.gov/funding/explore/Iegaloverview2025/
civil rightsrequirements.
Condition 3
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.
he details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
UP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited
Dnduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP
uthority to terminate award)), and are incorporated by reference here.
ndition 4
subawards ("subgrants") must have specific federal authorization
he recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for
uthorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
dministrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
;ontract").
he details of the requirement for authorization of any subaward are posted on the OJP website at https://ojp.gov/
ending/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal
uthorization), and are incorporated by reference here.
ondition 5
pecific post -award approval required to use a noncompetitive approach in any procurement contract that would
Kceed the Simplified Acquisition Threshold
he recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain
Decific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
implified Acquisition Threshold, as set forth in the Federal Acquisition Regulations (FAR). See the definition of
mplified acquisition threshold in the FAR at 48 CFR part 2, subpart 2.1. This condition applies to agreements that --
ir purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore
yes 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 website 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 Simplified Acquisition Threshold)), and are incorporated by reference here.
Condition 6
Federal Civil Rights and Nondiscrimination Laws (certification)
The recipient agrees that its compliance with all applicable Federal civil rights and nondiscrimination laws is material to
the government's decision to make this award and any payment thereunder, including for purposes of the False Claims
Act (31 U.S.C. 3729-3730 and 3801-3812), and, by accepting this award, certifies that it does not operate any
programs (including any such programs having components relating to diversity, equity, and inclusion) that violate any
applicable Federal civil rights or nondiscrimination laws.
tion 7
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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 a
legal notice regarding award requirements is necessary or that it will not enforce, or enforce only in part, one or more
requirements otherwise applicable to the award. Any such notice or exception regarding enforcement, including any
such notice or exception made during the period of performance, is (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-AwardReqts.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
Condition 8
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.
Condition 9
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"), including, without
limitation, the provisions regarding termination in 2 C.F.R. 200.340, apply to this award from OJP.
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/Part2000niformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at
any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF
425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at
any tier) must provide access, include performance measurement information, in addition to the financial records,
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pporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award -related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
Condition 10
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: Fraud Detection Office, 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).
itional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
Condition 11
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.
Dndition 12
)mpliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and
her 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")
Condition 13
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.
tion 14
iance 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
Page: 8 of 24
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
Condition 15
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f), which
contain notice requirements that covered recipients must follow regarding the dissemination of information regarding
federal nondiscrimination requirements.
Condition 16
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.
Condition 17
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 atOJP.ComplianceReporting@ojp.usdoj.gov. Forpurposesofthisdisclosure, 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.
Condition 18
Employment eligibility verification for hiring under the award
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).
Page: 9 of 24
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain
records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with
Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for
the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes
(without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the
hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E -Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient
(or any subrecipient) may choose to participate in, and use, E -Verify (www.e-verify.gov), provided an appropriate
person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify (and follows the proper E -Verify
procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm
employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with
award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United
States. and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient
at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 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-VerifyatE-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.
Condition 19
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.
Condition 20
Reclassification of various statutory provisions to a new Title 34 of the United States Code
Page: 10 of 24
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.
Condition 21
Restrictions and certifications regarding non -disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to
sensitive compartmented information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the recipient --
a, represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written
notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if
expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or
both --
a. it represents that --
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that
prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it
will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
Condition 22
OJP Training Guiding Principles
Page: 11 of 24
y training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or
livers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
ailable at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
Condition 23
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.
Condition 24
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, 2022, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period
of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP
financial management and grant administration training" by 120 calendar days after the date the Entity Administrator
enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of
such a training on or after January 1, 2022, 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://onlinegfmt.training.ojp.gov/. 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.
tion 25
iance 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.
he recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of
mployee rights and remedies under 41 U.S.C. 4712.
hould a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
)ntact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Condition 26
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 -
Page: 12 of 24
risk" for purposes of the DOJ high -risk grantee list.
Condition 27
Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an
actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores,
maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the
scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB
Circular A-1 30). 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.
Condition 28
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).
Condition 29
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 contact OJP for guidance, and may not proceed without the
express prior written approval of OJP.
Condition 30
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."
Page: 13 of 24
mong other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the
issemination of information regarding federal nondiscrimination requirements.
Condition 31
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.
ondition 32
erification and updating of recipient contact information
The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact
information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has
changed, the award recipient's Entity Administrator must make changes to contact information through DIAMD.
Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/
training -entity -management.
Condition 33
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 set forth
in 2 C.F.R. part 170, Appendix A ("Award Term") 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).
Note: In early March 2025, the reporting system that had been used for subaward reporting, the FFATA (Federal
Funding Accountability and Transparency Act) Subaward Reporting System (FSRS) was retired and functionality
moved to SAM.gov. For more information, including steps on how to connect your FSRS account to SAM.gov, visit
https://sam.gov/fsrs.
Condition 34
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).
Condition 35
Any publication (e.g., curricula, training materials, publications, reports, videos, or any other written, web -based, or
audio-visual, or other materials) funded in whole or in part under this award, (with the exception of press releases,
websites, and mobile applications), shall contain the following statement: "This project was supported by Grant No.
<Award_Number> awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of
Justice. Points of view or opinions in this document are those of the author and do not necessarily represent the official
position or policies of the U.S. Department of Justice."
website or mobile application that is funded in whole or in part under this award must include the following
;ment where most practicable: "This website [or application] was supported by Grant No. <Award_Number>
rded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S.
Page: 14 of 24
Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this
website [or application] (including, without limitation, its content, technical infrastructure, and policies, and any services
or tools provided)." The full text of the foregoing statement must be clearly visible. The statement may also be included
through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.
Upon specific request by BJA, the recipient must submit to BJA for review and approval (or, for recipients or
subrecipients that are institutions of higher education, review and comment) any publication or product developed
under this award at least 30 working days prior to the targeted dissemination date.
The current edition of the DOJ Grants Financial Guide provides additional guidance on allowable printing and
publication activities.
tion 36
entiality of data
he recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231
nd 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further
grees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28
.F.R. Part 22 and, in particular, 28 C.F.R. 22.23 for any applicable project.
Condition 37
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection
requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any
activities within this project.
Condition 38
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.
tion 39
iance with 28 C.F.R. Part 23
Nith respect to any information technology system funded or supported by funds under this award, the recipient (and
any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if
)JP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may,
it its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur,
he recipient may be fined as per 34 U.S.C. 10231(c) -(d). The recipient may not satisfy such a fine with federal funds.
:ondition 40
ustice 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://bja.ojp.gov/program/it/gsp-
grant-condition. 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.
tion 41
once of duplication of networks
o avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
haring systems that involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
Page: 15 of 24
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.
Condition 42
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 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).
Condition 43
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
requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the
recipient agrees to 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, and follow instructions regarding NEPA compliance.
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;
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories; and
f. Any extraordinary or unusual project with potential to have a significant environmental impact.
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.
Condition 44
The recipient shall ensure that each DNA analysis conducted under this award will be performed either (1) by
accredited government -owned laboratories, or (2) through an accredited fee -for -service vendor. The accreditation must
be by an accrediting body that is a signatory to an internationally recognized arrangement and that offers accreditation
to forensic science conformity assessment bodies using an accreditation standard that is recognized by that
internationally recognized arrangement. Any laboratory conducting STR, Y-STR, or mitochondrial DNA testing undergo
external audits not less than once every 2 years that demonstrate compliance with the DNA Quality Assurance
Standards established by the Director of the Federal Bureau of Investigation.
Page: 16 of 24
If award funds are used for DNA testing of evidentiary materials, recipients shall ensure that 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, and, where applicable, uploaded to the National DNA Index
System (NDIS). Award funds may be used for forensic genetic genealogy in accordance with United States
Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching and program requirements.
With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or
uploaded into any non -governmental DNA database without prior express written approval from BJA. Award funds may
not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for
entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for
participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).
The recipient shall ensure that each DNA analysis conducted and each DNA profile generated under this award, and
each stored DNA sample that results from this award, are maintained in accordance with any applicable federal privacy
requirements and restrictions on disclosure.
Condition 45
Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice
Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/l204386/
download), and must collect and report the metrics identified in Section IX of that document to BJA.
Condition 46
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)(1 1)). 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 (JAG) Program. 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.
Condition 47
As of the first day of the period of performance for the award, 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 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.
ondition 48
ubmission 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
Page: 17 of 24
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 NICS-
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.
Condition 49
Compliance with trauma kit standards
If the recipient uses funds under this award to purchase trauma kits or trauma kit components, the recipient must
ensure that the trauma kits purchased meet the performance standards established consistent with 34 U.S.C. §
10202(d), as such standards are in effect at the time of purchase.
Condition 50
Initial period of performance; requests for extension.
The recipient understands that for award amounts of less than $25,000 under JAG, the initial period of performance of
the award will be less than four years. The recipient further understands that any requests for an extension of the
period of performance for an award of less than $25,000 will be approved automatically for up to a total period of
performance of four years, pursuant to 34 U.S.C. 10152(f) and in accordance with the Notice of Funding Opportunity
(NOFO) associated with this award.
kny request for an extension of the period of performance beyond a four-year award period will require approval, and
he approval (if any) will be at the discretion of OJP.
Condition 51
Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: No public
disclosure of certain law -enforcement -sensitive information
SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those
included in any subaward (at any tier).
1. No use of funds to interfere: No public disclosure of federal law -enforcement information in order to conceal, harbor,
or shield.
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8
U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no State or local government entity, agency, or official (including a
government -contracted correctional facility) may use funds under this award to make any public disclosure of any
federal law -enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any
fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in
violation of 8 U.S.C. ch. 12 —without regard to whether such disclosure would constitute (or could form a predicate for)
a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).
2. Noninterference: No public disclosure of federal law -enforcement information in order to conceal, harbor, or shield
within the funded "program or activity."
With respect to the "program or activity" funded in whole or part under this award (including any such program or
activity of any subrecipient at any tier), and consistent with federal law as cited in para. 1 of this condition, no State or
local government entity, agency, or official (including a government -contracted correctional facility) within the funded
program or activity may make any public disclosure of any federal law -enforcement information in a direct or indirect
attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who
has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 —without regard to whether such
disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).
3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this
condition.
4. 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 (e.g., training) designed to
ensure compliance with this condition.
5. Rules of construction.
A. For purposes of this condition —
(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C.
Page: 18 of 24
110 1(a)(3));
(2) the term "federal law -enforcement information" means law -enforcement -sensitive information communicated or
made available, by the federal government, to a State or local government entity, agency, or official, through any
means, including, without limitation —
(a) through any database,
(b) in connection with any law enforcement partnership or task -force,
(c) in connection with any request for law enforcement assistance or -cooperation, or
(d) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal
law enforcement activity;
(3) the term "law -enforcement -sensitive information" means records or information compiled for any law -enforcement
purpose; and
(4) the term "public disclosure" means any communication or release other than one —
(a) within the recipient, or
(b) to any subrecipient (at any tier) that is a government entity.
B. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of
any federal law, or of any judicial ruling, governing or applicable to the award.
C. The "Rules of Construction" set out in the "Noninterference (with award funds and within the funded "program or
activity") with federal law enforcement: information -communication restrictions; ongoing compliance" award condition
are incorporated by reference as though set forth here in full.
Condition 52
Noninterference (with award funds and within the funded "program or activity") with federal law enforcement:
information -communication restrictions
SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those
included in any subaward (at any tier).
1. Throughout the entire award period of performance, no State or local government entity, -agency, or -official may
use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict —
(1) any government entity or -official from sending or receiving information regarding citizenship or immigration status
to or from DHS; or
(2) a government entity or agency from sending, requesting or receiving, or exchanging information regarding
immigration status to, from, or with DHS, or from maintaining such information.
Any prohibition (or restriction) that violates this condition is an "information -communication restriction" under this
2. With respect to the "program or activity" funded in whole or part under this award (including any such program or
activity of any subrecipient at any tier), throughout the entire award period of performance, no State or local
government entity, agency, or official may implement an "information -communication restriction."
3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the
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) that the recipient, or any subrecipient at any tier that is a State or
local government incurs to implement this condition.
5. Rules of Construction.
A. For purposes of this condition:
(1) "State" and "local government" include any agency or other entity thereof, but not any public institution of higher
education or Indian tribe.
(2) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d -4a).
(3) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8
U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa.
(4) "DHS" means the U.S. Department of Homeland Security.
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, or any other entity (or individual) to violate any federal law, including any applicable civil
rights or nondiscrimination law.
C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of
any federal law, or of any judicial ruling, governing or applicable to the award.
Condition 53
Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: Notice of
Page: 19 of 24
scheduled release
SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those
included in any subaward at any tier.
1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time.
Consonant with federal law enforcement statutes —including 8 U.S.C. 1231 (for an alien incarcerated by a State or
local government, a 90 -day "removal period" during which the federal government "shall" detain and then "shall"
remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the
federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with
respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take
into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to
Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the
prompt removal" from the U.S. of removable "criminal aliens") —no State or local government entity, agency, or official
(including a government -contracted correctional facility) may use funds under this award to interfere with the "removal"
process by failing to provide (as early as practicable (see para. 5.B. below)) advance notice to DHS of the scheduled
release date and time for a particular alien, if a State or local government (or government -contracted) correctional
facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.
2. Noninterference with "removal" process: Notice of scheduled release date and time within the funded "program or
With respect to the "program or activity" funded in whole or part under this award (including any such program or
activity of any subrecipient at any tier), and consonant with federal law enforcement statutes as cited in para. 1 of this
condition, no State or local government entity, agency, or official (including a government -contracted correctional
facility) within the funded program or activity may interfere with the "removal" process by failing to provide (as early as
practicable (see para. 4.B. below)) advance notice to DHS of the scheduled release date and time for a particular alien,
if a State or local government (or government -contracted) correctional facility receives from DHS a formal written
request pursuant to the INA that seeks such advance notice.
3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this
condition.
4. 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 (e.g., training) designed to
ensure compliance with this condition.
5. Rules of construction
A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the
date and time the individual otherwise would have been released.
B. Applicability.
(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least
48 hours, if possible)." (See DHS Form 1-247A (3/17)). If (e.g., in light of the date DHS made such request) the
scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it
shall NOT be a violation of this condition to provide only as much advance notice as, in fact, practicable.
(2) Current DHS practice is to use the same form for a second, distinct purpose —to request that an individual be
detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests
for detention.
C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of
any federal law, or of any judicial ruling, governing or applicable to the award.
D. The "Rules of Construction" set out in the "Noninterference (with award funds and within the funded "program or
activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as
though set forth here in full.
Condition 54
Noninterference (with award funds and within the funded "program or activity") with federal law enforcement:
Interrogation of certain aliens
SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those
included in any subaward (at any tier).
1. No use of funds to interfere with statutory law enforcement access to correctional facilities.
Consonant with federal law enforcement statutes and regulations —including 8 U.S.C. 1357(a) (under which certain
federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an
alien as to his right to be or to remain" in the United States), and 8 C.F.R. 287.5(a) (under which that power may be
exercised "anywhere in or outside" the United States) —no State or local government entity, agency, or official within
the funded program or activity may use funds under this award to interfere with the exercise of that power to
Page: 20 of 24
interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to
any State or local government (or government -contracted) correctional facility by such agents for the purpose of
"interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United
Noninterference with statutory law enforcement access to correctional facilities within the funded "program or
With respect to the "program or activity" funded in whole or part under this award (including any such program or
activity of any subrecipient at any tier), and consonant with federal law enforcement statutes and regulations as cited in
para. 1 of this condition, no State or local government entity, agency, or official within the funded program or activity
may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting
under color of federal law) by impeding access to any State or local government (or government -contracted)
correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to
his [or her] right to be or to remain in the United States."
3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this
condition.
4. 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 (e.g., training) designed to
ensure compliance with this condition.
5. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under sec. 101 of the Immigration and Nationality Act (INA) (8 U.S.C.
1101 (a)(3)), except that, with respect to a juvenile offender, it means "criminal alien."
(2) The term "juvenile offender" means what it means under 28 C.F.R. 31.304(f) (as in effect on Jan. 1, 2026.)
(3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of —
(a) conviction described in 8 U.S.C. 1227(a)(2), or
(b) conduct described in 8 U.S.C. 1227(a)(4).
(4) The term "conviction" means what it means under 8 U.S.C. 1101(a)(48). (Adjudication of a juvenile as having
committed an offense does not constitute "conviction" for purposes of this condition.)
(5) The term "correctional facility" means what it means under 34 U.S.C. 10251(a)(7)) as of Jan. 1, 2026.
(6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or
practice, that —
(a) is designed to prevent or to significantly delay or complicate, or
(b) has the effect of preventing or of significantly delaying or complicating.
(7) "State" and "local government" include any agency or other entity thereof, but not any public institution of higher
education or Indian tribe.
(8) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d -4a).
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, or any other entity (or individual) to violate any federal law, including any applicable civil
rights or nondiscrimination law.
C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of
any federal law, or of any judicial ruling, governing or applicable to the award.
indition 55
e recipient understands and agrees that no award funds may be used for any expenses related to public awareness
mpaigns for an extreme risk protection program.
Condition 56
Extreme risk protection order (ERPO) programs funded under this award must include, at a minimum: pre -deprivation
and post -deprivation due process rights that prevent any violation or infringement of the Constitution of the United
States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed
under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as
interpreted by State courts and United States courts (including the Supreme Court of the United States). Such
programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice,
the right to an in -person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present
evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the
government; pre -deprivation and post -deprivation heightened evidentiary standards and proof which mean not less
than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary
body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the
Page: 21 of 24
Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth
Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and
United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and
proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at
minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay,
unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.
Recipients who plan to use funding to support ERPO programs must submit a Certification Relating to Pub. L. No.
90-351, Title I, Sec. 501(a)(1)(I)(iv), signed by the principal legal officer, certifying that the ERPO program to be funded
satisfies each of the listed requirements prior to the use of award funds for ERPO programs. Funds proposed for
ERPO programs may be withheld, pending confirmation of compliance with the terms of this award.
Condition 57
No funds may be used for C-UAS except with express prior approval from BJA. To request such approval, the recipient
(or subrecipient, at any tier) must submit to BJA a written certification that, among other things, certifies that any C-
UAS purchased with award funds will only be procured and used in compliance with all applicable federal, state, and
local laws and regulations, including criminal, surveillance, aviation, and communications laws. Any C-UAS purchased
with award funds will be included on the list of technologies established by subsection (d)(2)(A)(iii) section 210G of the
Homeland Security Act of 2002 (6 U.S.C. 124n(d)(2)(A)(iii)) to exercise the authority granted under subsection (a)(2) of
such section. The certification also requires that the award recipient consult qualified legal counsel to review the
proposed purchase and operation of C-UAS, and that the recipient will complete required trainings and obtain all
required approvals, certifications, licenses, and authorizations prior to deployment, and will coordinate with relevant
authorities as required. The recipient (or subrecipient) also must assure BJA that it has sufficient policies and
procedures regarding privacy, civil liberties, and information technology cybersecurity related to the operation of the C-
UAS. Finally, the recipient (or subrecipient) may be required to provide additional documentation to verify purchase
and the related policies for the C-UAS. Funds proposed for the purchase of C-UAS may be withheld, pending
confirmation of compliance with the terms of this award. Additional information and the required certification form may
be found here: https://bja.ojp.gov/funding/uas.
Condition 58
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. Funds proposed for the purchase of
prohibited items may be withheld, pending confirmation of compliance with the terms of this award.
Condition 59
No funds may be used for UAS except with express prior approval from BJA. To request such approval, the recipient
(or subrecipient, at any tier) must submit to BJA a written certification that, among other things, certifies that only UAS
verified by the Defense Contract Monitoring Agency's "Blue UAS Cleared List" or any successor list (available at https:/
(bluelist.appsplatformportals.us/) as not manufactured by a "covered foreign entity" may be purchased or operated
under the federal award and, further, that no modifications or additional accessories may be introduced to the UAS
funded by the award. The purchased UAS may not be used to process, store, or transmit Federal information. The
recipient (or subrecipient) also must assure BJA that it has sufficient policies and procedures regarding privacy, civil
liberties, and information technology cybersecurity related to the operation of the UAS. Finally, the recipient (or
subrecipient) may be required to provide additional documentation to verify purchase and the related policies for the
UAS. Funds proposed for the purchase of UAS may be withheld, pending confirmation of compliance with the terms of
this award. Additional information and the required certification form may be found here: https://bja.ojp.gov/funding/uas.
Condition 60
In accepting this award, the recipient agrees not to use award funds for purchases of body -worn cameras (BWCs) or
related expenses for any agency unless that agency has submitted a certification to BJA that it has policies and
procedures in place that reinforce appropriate agency Use of Force policies and training and address technology
usage, evidence acquisition, data storage and retention, as well as privacy issues, accountability and discipline. The
recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for BWCs
or related expenses. Funds proposed for the purchase of BWCs or related expenses may be withheld, pending
confirmation of compliance with the terms of this award.
Page: 22 of 24
ition 61
cation of body armor "mandatory wear" policies, and compliance with NIJ standards
If the recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification
that each law enforcement agency receiving body armor purchased with funds from this award has 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. Funds proposed for the purchase of body armor may be withheld, pending confirmation of
compliance with the terms of this award.
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 (NIJ) ballistic or stab standards, and is listed on the NIJ Compliant Body
Armor Model List. In addition, ballistic -resistant and stab -resistant body armor purchased must be uniquely fitted, as
set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may
be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and-
technology/body-armor
] I have read and understand the information presented in this section of the Federal Award Instrument.
ward Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance
By checking the declaration and certification box below, I --
Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this
iration 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.
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) 1 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 General Maureen A. Henneberg 7/28/26 1:50 AM
Page: 23 of 24
Authorized Representative
7I Declaration and Certification
Entity Acceptance
Title of Authorized Entity Official
no value
Signed Date And Time
no value
Page: 24 of 24
MEMORANDUM OF UNDERSTANDING
CONCERNING RECEIPT AND DISBURSEMENT OF
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
FUNDS FOR FY 2025
(GRANT OPPORTUNITY# O-BJA-2025-172542)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 7th day of
April, 2026, 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").
WITNESSETH:
WHEREAS, the parties recognize that for FY 2025 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 $111,507.00 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 $122,927.00 JAG Grant Funds will be allocated as follows: The City will
receive $93,424.52 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
$23,601.98 of which the Pueblo County Sheriff's Department use the full amount 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 $5,900.50 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 2025 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 2025
Page - 2
IN WITNESS WHEREOF, the parties have entered into this Memorandum of Understanding the day and year first
written above.
ATTEST:
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Mi ael Clerk to the Board
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Cl e lsl,op, i Cler
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ATTEST:
By
PUEBLO COUNTY, COLORADO
Zach Swearingen, Chair, Board o aunty Commissioners
CITY OF PUEBLO, A Municipal Corporation
By
Heathe raham, Mayor
PUEBLO COUNTY SHERIFF
1L
David Lucero, Sh iff
CITY OF PUEBLO POLICE DEPARTMENT
By
ri loeller, Chief of Police
10TH JUDICIAL DISTRICT ATTORNEY
Kala Beauvais, District Attorney