R23-151 1 RESOLUTION NO. R23-151
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 ACCEPTING THE GRANT AWARD IN THE AMOUNT OF
5 $113,178;APPROVING AND AUTHORIZING THE MAYOR TO
6 SIGN ALL DOCUMENTS ASSOCIATED WITH THE
7 ACCEPTANCE AND GRANT AGREEMENT, SUBJECT TO THE
8 APPROVAL OF THE CITY ATTORNEY, FOR THE FY 2023
9 NATIONAL SEXUAL ASSAULT KIT INITIATIVE; AND
10 PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS,the U.S. Department of Justice, Office of Justice Programs has awarded the
14 Police Department a grant for the 2023- 2024 funding cycle in the amount of$113,178; and
15 WHEREAS, the funding will allow the Boynton Beach Police Department to provide
16 continued investigation and prosecution of cold case sexual assaults through submission of
17 previouslyunsubmitted sexual assault kits to a laboratoryfor processingand will be used to
18 enhance evidence tracking through the purchase of Radio Frequency Identification technology
19 which will help facilitate, standardize, and automate inventory and asset tracking of vital
20 evidence; and
21 WHEREAS, upon recommendation of staff, the City Commission has determined that
22 it is in the best interests of the residents of the City to accept the grant award in the amount
23 of $113,178; approve and authorize the Mayor to sign all documents associated with the
24 acceptance and grant agreement, subject to the approval of the City Attorney,for the FY 2023
25 National Sexual Assault Kit Initiative.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
27 BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof.
31 Section 2. The City Commission does hereby accept the grant award in the
32 amount of$113,178.
33 Section 3. The City Commission does hereby approve and authorize the Mayor to
S:\CA RESO\Agreements\Grants\DOJ Sexual Assault Kit Initiative 2023-2024-Reso.docx
34 sign all documents associated with the acceptance and grant agreement, subject to the
35 approval of the City Attorney, for the FY 2023 National Sexual Assault Kit Initiative. A copy of
36 the Grant Agreement is attached hereto and incorporated herein by reference as Exhibit "A".
37 Section 4. This Resolution shall become effective immediately upon passage.
38 PASSED AND ADOPTED this 17th day of October, 2023.
39 CITY OF BOYNTON BEACH, FLORIDA
40
41 YES NO
42 f
43 Mayor-Ty Penserga
44 ✓
45 Vice Mayor-Thomas Turkin
46
47 Commissioner-Angela Cruz
48
49 Commissioner-Woodrow L. Hay
50 ✓
51 Commissioner-Aimee Kelley
52 5.
-0
53 VOTE
54
55 A AT:
56
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61 ;0 :6.0RpORATF '•;9� APPROVED AS TO FORM:
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64 fit • 192 (�
66 FLOOV
David N. Tolces
67 Interim City Attorney
S:\CA\RESO\Agreements\Grants\DOJ Sexual Assault Kit Initiative 2023-2024-Reso.docx
-`�`rm.! Department of Justice (DOJ)
a; Office of Justice Programs
- --� Bureau of Justice Assistance
Washington,D.C.20531
Name and Address of Recipient: CITY OF BOYNTON BEACH
PO BOX 310
City, State and Zip: BOYNTON BEACH, FL 33425
Recipient UEI: FYYMUAVJDKC6
Project Title: City of Boynton Beach Police
y Award Number: 15PBJA-23-GG-02300-SAKI
Department Sexual Assault Kit Initiative.
Solicitation Title: BJA FY 23 National Sexual Assault Kit Initiative
Federal Award Amount: $113,178.00 'Federal Award Date: 9/25/23
Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Funding Instrument Type: Grant
Opportunity Category: D
Assistance Listing:
16.833- National Sexual Assault Kit Initiative
Project Period Start Date: 10/1/23 Project Period End Date: 9/30/26
Budget Period Start Date: 10/1/23 'Budget Period End Date: 9/30/26
Project Description:
The City of Boynton Beach Police Department is seeking BJA funding via the National SAKI Competitive Grant
Program, Purpose Area 2,to reexamine issues related to the handling of SAKs, as well as to develop and implement a
methodology to improve the processing and preservation of quality DNA evidence and the provision of trauma-
informed victim services.lf awarded, the funding from this grant will allow the Boynton Beach Police Department to
provide continued investigation and prosecution of cold case sexual assaults through submission of previously
unsubmitted SAKs to a laboratory for processing. In addition, funding will be used to enhance their evidence tracking
through the purchase of radio frequency identification technology, which will help facilitate, standardize, and automate
inventory and asset tracking of vital evidence.
Page: 1 of 20
5
Award Letter
September 25, 2023
Dear Ty Penserga,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs
(OJP) has approved the application submitted by CITY OF BOYNTON BEACH for an award under the funding
opportunity entitled 2023 BJA FY 23 National Sexual Assault Kit Initiative.The approved award amount is$113,178.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before
accepting your award.The Award Instrument includes the Award Offer(Award Information, Project Information,
Financial Information, and Award Conditions)and Award Acceptance. For COPS Office and OVW funding the Award
Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but
also compliance with assurances and certifications that relate to conduct during the period of performance for the
award.These requirements encompass financial, administrative, and programmatic matters, as well as other important
matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the
assurances and certifications, and the application as approved by OJP, so that they understand the award
requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies
for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator,
and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to
ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the
entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts
of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and
certification,within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP)system, if
you haven't already completed the enrollment process in ASAP.The Entity Administrator should have already received
an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Amy Solomon
Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been
delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of
Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW)are not engaged in
discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and
Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that
they will comply with those laws.Taken together, these civil rights laws prohibit recipients of federal financial
assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion,
disability, sex, and,for grants authorized under the Violence Against Women Act, sexual orientation and gender
identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these
civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/
Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals,.
entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria.
These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department
Page: 2 of 20
are providing services in a nondiscriminatory manner to their service population or have employment practices that
meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice
and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional
obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal
Employment Opportunity Programs (EEOPs); and (2)submitting findings of discrimination to OCR. For additional
information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding
requirements when there is an adverse finding, see 28 C.F.R. §§42.204(c), .205(c)(5).
The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ
grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination
responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at
askOCR@ojp.usdoj.gov.
Memorandum Regarding NEPA
NEPA Letter Type
OJP-Additional Information Required
NEPA Letter
The scope or location or the proposed project is such that it may not qualify for a categorical exclusion as contained in
Appendix D to Part 61 of Title 28 of the Code of Federal Regulations.
As such, prior to initiation of the project, the grantee may need to complete an Environmental Assessment(EA)and/or
an Environmental Impact Statement(EIS).
Additional information is needed to determine if any of the following activities will be conducted as a result of this
award,whether under the Office of Justice Programs federal action or a related third party action:
(1) New construction
(2)Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including
property(a) listed on or eligible for listing on the National Register of Historic Places, or(b) located within a 100-year
flood plain, a wetland, or habitat for an endangered species
(3)A renovation that will change the basic prior use of a facility or significantly change its size
(4) Research and technology whose anticipated and future application could be expected to have an effect on the
environment
(5) Implementation of a program involving the use of chemicals (including the identification, seizure, or closure of
clandestine methamphetamine laboratories)
)
For more information about NEPA requirements, including which projects may qualify for categorical exclusions, and
the preparation of an environmental review documents, please see https.//bja.ojp.gov/national-environmental-policy-
act-nepa-guidance
Questions about this determination may be directed to your grant manager or Orbin Terry, Environmental Coordinator
for the Bureau of Justice Assistance.
NEPA Coordinator
First Name Last Name
Orbin Middle Name Terry
Award Information
Page: 3 of 20
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
,Information, Financial Information, and Award Conditions.
Recipient Information
Recipient Name
CITY OF BOYNTON BEACH
UEI
FYYMUAVJDKC6
Street 1
PO BOX 310 Street 2
City State/U.S. Territory
BOYNTON BEACH Florida
Zip/Postal Code Country
33425 United States
County/Parish Province
Award Details
:Federal Award Date Award Type
9/25/23 Initial
Award Number Supplement Number
15PBJA-23-GG-02300-SAKI 00
Federal Award Amount Funding Instrument Type
$113,178.00 Grant
Assistance Listing Assistance Listings Program Title
Number
16.833 National Sexual Assault Kit Initiative
Statutory Authority
Department of Justice Appropriations Act, 2022 (Pub. L. No. 117-103, 136 Stat. 49, 126) Department of Justice
Appropriations Act, 2023 (Pub. L. No. 117-328; 136 Stat.4459, 4536).
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.
Solicitation Title Awarding Agency
Page: 4 of 20
OJP
2023 BJA FY 23 National Sexual Assault Kit Initiative
Program Office
Application Number BJA
GRANT13847115
Grant Manager Name
Lauren Troy
Phone Number
202-598-9472
E-mail Address
Lauren.Troy@usdoj.gov
Project Title
City of Boynton Beach Police Department Sexual Assault Kit Initiative.
Performance Period Start
Date Performance Period End Date
10/01/2023 09/30/2026
Budget Period Start Date Budget Period End Date
'10/01/2023 09/30/2026
Project Description
The City of Boynton Beach Police Department is seeking BJA funding via the National SAKI Competitive Grant
Program, Purpose Area 2,to reexamine issues related to the handling of SAKs, as well as to develop and implement a
methodology to improve the processing and preservation of quality DNA evidence and the provision of trauma-
informed victim services.if awarded, the funding from this grant will allow the Boynton Beach Police Department to
provide continued investigation and prosecution of cold case sexual assaults through submission of previously
unsubmitted SAKs to a laboratory for processing. In addition,funding will be used to enhance their evidence tracking
through the purchase of radio frequency identification technology,which will help facilitate, standardize, and automate
inventory and asset tracking of vital evidence.
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.
The recipient budget is currently under review.
I]
I have read and understand the information presented in this section of the Federal Award Instrument.
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Page: 5 of 20
1
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards
Consistent with Executive Order 14074, "Advancing Effective,Accountable Policing and Criminal Justice Practices To
Enhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases
or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any
subrecipient("subgrantee")at any tier, to put in place specified controls prior to using federal funds under this award to
acquire or transfer any property identified on the"controlled equipment" list. The details of the requirement are posted
on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment(Award condition:
Compliance with restrictions on the use of federal funds—prohibited and controlled equipment under OJP awards), and
are incorporated by reference here.
2
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."
3
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient(and any subrecipient at any tier)must comply with, and is subject to, all applicable provisions of 41
U.S.C.4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to
public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of
employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency(OJP or OVW, as appropriate)for guidance.
4
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the"Part 200 Uniform Requirements")apply to this FY
2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award
supplements funds previously awarded by OJP under the same award number(e.g.,funds awarded during or before
December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date, and regardless of whether derived from the initial award or a supplemental award)that
are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and
subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient(and any subrecipient("subgrantee")at
any tier) must retain --typically for a period of 3 years from the date of submission of the final expenditure report (SF
425), unless a different retention period applies--and to which the recipient(and any subrecipient("subgrantee")at
any tier) must provide access, include performance measurement information, in addition to the financial records,
supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
Page: 6 of 20
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.
5
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and
other events
The recipient, and any subrecipient("subgrantee")at any tier, must comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where
applicable)governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide (currently, as section 3.10 of"Postaward Requirements" in the"DOJ Grants Financial Guide").
6
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.
7
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently,the"DOJ Grants Financial Guide"available at https://ojp.gov/financialguide/DOJ/index.htm), including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
8
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022)
The recipient, and any subrecipient("subgrantee")at any tier, must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various"general
provisions"in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/
FY22AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might
fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not
proceed without the express prior written approval of OJP.
9
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R. Part 38
The recipient, and any subrecipient("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding
written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the
basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious
practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient
("subgrantee")organizations that engage in or conduct explicitly religious activities, as well as rules and requirements
that pertain to recipients and subrecipients that are faith-based or religious organizations.
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The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https:/
/www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under
e-CFR"current"data.
10
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.
11
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will
not enforce, or enforce only in part, one or more requirements otherwise applicable to the award.Any such exceptions
regarding enforcement, including any such exceptions made during the period of performance, are (or will be during
the period of performance)set out through the Office of Justice Programs ("OJP")webpage entitled "Legal Notices:
Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-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
award.
12
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R. Part 42
The recipient, and any subrecipient("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an
equal employment opportunity program.
13
Requirements related to"de minimis" indirect cost rate
Page: 8 of 20
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.
14
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).
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 allpertinent notifications and trainings.
q � 9
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.
Page: 9 of 20
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient
at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website
(https://www.e-verify.gov/)or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-
VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
15
OJP Training Guiding Principles
Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
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.
17
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW, as appropriate)during the period of performance for this award, if the recipient is designated as"high-
risk"for purposes of the DOJ high-risk grantee list.
18
Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP
financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the
award. Successful completion of such a training on or after October 15, 2020,will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period
of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP
financial management and grant administration training" by 120 calendar days after the date the Entity Administrator
enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of
such a training on or after October 15, 2020,will satisfy this condition.
A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for
purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition
Page: 10 of 20
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.
19
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.
20
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially
reclassified (that is, moved and renumbered)to a new Title 34, entitled "Crime Control and Law Enforcement."The
reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and
Page: 11 of 20
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.
21
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(ora subrecipient)--(1)creates, collects, uses, processes, stores,
maintains, disseminates, discloses, or disposes of"Personally Identifiable Information (PII)" (2 CFR 200.1)within the
scope of an OJP grant-funded program or activity, or(2) uses or operates a"Federal information system" (OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an
imminent breach.
22
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and certain
related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high
risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the
following: 1.The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient
was designated high risk, 3. The high-risk point of contact at that federal awarding agency(name, phone number, and
email address), and 4.The reasons for the high-risk status, as set out by the federal awarding agency.
23
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.
24
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient("subgrantee") at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that--for purposes of federal grants
administrative requirements-- OJP considers a"subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/
funding/Explore/SubawardAuthorization.htm (Award condition:All subawards ("subgrants") must have specific federal
authorization), and are incorporated by reference here.
25
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed $250,000
The recipient, and any subrecipient("subgrantee")at any tier, must comply with all applicable requirements to obtain
Page: 12 of 20
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold (currently, $250,000).This condition applies to agreements that--for purposes of
federal grants administrative requirements--OJP considers a procurement"contract" (and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed $250,000)), and are incorporated by reference here.
26
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and
OJP authority to terminate award)
The recipient, and any subrecipient("subgrantee")at any tier, must comply with all applicable requirements (including
requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons, whether on the
part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition)as"employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP
authority to terminate award)), and are incorporated by reference here.
27
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.
28
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector
General (OIG)any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other
person has, in connection with funds under this award—(1)submitted a claim that violates the False Claims Act; or(2)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud,waste, abuse, or misconduct involving or relating to funds under this award should be reported to the
OIG by--(1)online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm
(select"Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General,
Investigations Division,ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or(3)by
facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting)at(202)616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
29
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
Page: 13 of 20
;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).
,30
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.
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.
32
Confidentiality of data
The recipient(and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231
and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information.The recipient further
agrees, as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
33
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.
1134
Page: 14 of 20
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.
35
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants")of$30,000 or more
and, in certain circumstances, to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients (first-tier"subgrantees")of award funds.The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1)an award of less than $30,000, or(2)an
award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
36
The recipient agrees to submit to BJA for review and approval any product(e.g., curricula, training materials,
publications, reports, videos, or any other written, web-based, or audio-visual, or other materials)that will be developed
and published under this award at least thirty(30)working days prior to the targeted dissemination date. The current
edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.Any
products developed under this award, (with the exception of press releases,web sites, and mobile applications), shall
contain the following statements: "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." (Note:A separate disclaimer has been developed and is required for web sites and mobile
applications. No disclaimer is required for press releases.)
37
Verification 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.
38
Any Web site that is funded in whole or in part under this award must include the following statement on the home
page, on all major entry pages (i.e., pages (exclusive of documents)whose primary purpose is to navigate the user to
.interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages
that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the
Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of
Justice nor any of its components operate, control, are responsible for, or necessarily endorse,this Web site (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 on the home page. On other pages, the statement may be included
through a link, entitled "Notice of Federal Funding and Federal Disclaimer,"to the full text of the statement.
39
Required attendance at BJA-sponsored events
The recipient(and its subrecipients at any tier) must participate in BJA-sponsored training events, technical assistance
events, or conferences held by BJA or its designees, upon BJA's request.
Page: 15 of 20
40
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).
41
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/1204386/
download), and must collect and report the metrics identified in Section IX of that document to BJA.
42
The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be
used for unmanned aircraft systems (UAS),which includes unmanned aircraft vehicles (UAV), or for any
accompanying accessories to support UAS.
43
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient(and
any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if
OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may,
at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur,
the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
44
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System ("CODIS,"the DNA database operated by the FBI) by a government DNA
laboratory with access to CODIS. 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).
45
The recipient may not obligate, expend or draw-down more than 25% of the total eligible award amount until a
completed inventory and/or certification of a completed inventory has been provided to BJA. BJA will review the
inventory documentation to ensure that it contains a detailed and descriptive list of Sexual Assault Kits (SAKs),
containing information such as, but not limited to: item identifiers, quantity, and location of the item. Once BJA has
reviewed and approved the grant recipient's certification or certificate thereof, a Award Condition Modification (ACM)
will be issued removing this award condition.
46
The award recipient must enter all "criteria cases" into the Violent Criminal Apprehension Program (ViCAP) by the end
of the award period.
47
The recipient's budget(and budget narrative) is pending clearance by OJP.
Page: 16 of 20
Prior to budget clearance (and unless there is a more restrictive condition on this award, in which case the terms of
that more restrictive condition apply): The recipient may not drawdown more than 10% of the award. Pre-clearance
obligations, expenditures, and drawdowns may be disallowed if not in compliance with program requirements.
The recipient should be judicious in using award funds prior to budget clearance. Generally, OJP expects that
recipients (depending on the specific project scope) may need to advertise for award-funded positions, pay personnel
and fringe benefits for positions budgeted under the award, plan for project activities, attend training and pay training-
related travel needed to begin the project, and engage in other limited activities conducted by recipient staff(i.e.,
generally not requiring a subaward or procurement contract under an award).
OJP will issue an Award Condition Modification upon budget clearance.
48
Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice
Programs has reviewed and approved the Program Narrative portion of the application and has issued an Award
Condition Modification (ACM) informing the recipient of the approval.
49
Withholding of funds: Subrecipient monitoring policies
The recipient's response to the Subrecipient Management and Monitoring question(s)of the Financial Management
and System of Internal Controls Questionnaire indicates that the recipient may not have controls in place to monitor the
activities of any subrecipient, as necessary, to ensure that the subaward is used for authorized purposes in compliance
with Federal laws, regulations, and the terms and conditions of the subaward and that subaward performance goals
are achieved. (See 2 CFR 200.331(d)). The recipient agrees to submit a copy of its subrecipient monitoring policies
and procedures to the OJP program office.
If the recipient anticipates that it will not make a subaward under this award then, instead of submitting subrecipient
monitoring policies and procedures, the recipient agrees that it must advise OJP in writing that it does not intend to
make a subaward under this award.
The recipient may not obligate, expend, or draw down funds under this award until either--(1)the OJP program office
has received, and OJP has reviewed and approved, the subrecipient monitoring policies and procedures, or(2)the
OJP program office has received and considered the recipient's written communication and has agreed (for purposes
of federal grants administrative requirements)that no subawards are anticipated under this award and an Award
Condition Modification (ACM) has been issued to remove this condition.
The recipient understands and agrees that it is obligated to immediately notify the OJP grant manager in writing of any
later change in its plan to make or not make a subaward under this award.
50
Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice
Programs has received and approved the required application attachment(s) and has issued an Award Condition
Modification (ACM) releasing this award condition.
51
The recipient agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the
development and implementation of the activities to be funded under this award.
Environmental Assessment(EA):The recipient agrees and understands that funded activities (whether conducted by
the recipient or subrecipients or contractors) may require the preparation of an EA as defined by the Council on
Environmental Quality's Regulations for implementing the Procedural Provisions of the National Environmental Policy
Act(NEPA),found at 40 CFR Part 1500.An EA is a concise public document that briefly provides sufficient analysis for
determining whether to prepare an environmental impact statement(EIS)or a finding of no significant impact for the
proposed activity. If in completing an EA for a proposed activity, potential adverse environmental impacts are identified,
the EA will serve as a vehicle for developing either alternative approaches or mitigation measures for avoiding or
Page: 17 of 20
reducing the identified adverse environmental impacts.
Modifications: Throughout the term of this award, the recipient agrees that for any activity that is the subject of a
completed EA, it will 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 will not implement a proposed change or new activity until BJA, with the
assistance of the recipient, has determined whether the proposed change or 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 a BJA-conducted
environmental impact review process.
52
The recipient is authorized to incur obligations, expend and draw down funds, in an amount not to exceed 25% of the
total amount of the award. None of these funds may be used to acquire chemicals, or implement a project involving the
use of chemicals, such as testing of evidence, while this condition remains on the award. The recipient is not
authorized to incur any additional obligations, or make any additional expenditures or drawdowns until the program
office has verified that the recipient has submitted all necessary documentation required to comply with Department of
Justice Environmental Impact Review Procedures found at 28 CFR Part 61, Appendix D, OJP has reviewed and
approved the documentation, and an Award Condition Modification (ACM) has been issued removing this condition.
[j
I have read and understand the information presented in this section of the Federal Award Instrument.
Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance
By checking the declaration and certification box below, I--
A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury,that I have authority to make this
declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and
belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted
(including by applicant's legal counsel as appropriate and made available to me)a diligent review of all terms and
conditions of, and all supporting materials submitted in connection with, this award, including any assurances and
certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after,
or at the time of the application submission and any materials that accompany this acceptance and certification); and
(2) I have the legal authority to accept this award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand
that, in taking (or not taking)any action pursuant to this declaration and certification, DOJ will rely upon this declaration
and certification as a material representation; and (2) I understand that any materially false,fictitious, or fraudulent
information or statement in this declaration and certification (or concealment or omission of a material fact as to either)
may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§
10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the
federal False Claims Act(including under 31 U.S.C. §§3729-3730 and/or§§3801-3812)or otherwise.
Agency Approval
Title of Approving Official Name of Approving Official Signed Date And Time
Assistant Attorney General Amy Solomon 9/19/23 6:34 PM
Page: 18 of 20
Authorized Representative
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Page: 19 of 20