R18-169 RESOLUTION NO. R18-\(0C`
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING THE MAYOR TO ACCEPT
THE DEPARTMENT OF JUSTICE FISCAL YEAR 2018
JUSTICE ASSISTANCE GRANT (JAG) (2018-DJ-BX-
0424) IN THE AMOUNT OF $33,744.00 AND TO SIGN
ANY REQUIRED DOCUMENTS ASSOCIATED WITH
THE GRANT ACCEPTANCE, SUBJECT TO APPROVAL
BY THE CITY ATTORNEY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach Police Department has been awarded
$33,744.00 in grant funding for the Department of Justice fiscal year 2018 Justice Assistance
Grant (JAG) (2018-DJ-BX-0424); and
WHEREAS,the grant funding will be used to purchase software to collect and analyze
information to reduce crime; and
WHEREAS, upon recommendation of staff,the City Commission has determined that
it is in the best interests of the residents of the City to authorize the Mayor to sign all documents
associated with acceptance of the Department of Justice fiscal year 2018 Justice Assistance
Grant(JAG) (2018-DJ-BX-0424) in the amount of$33,744.00 for the purchase of software to
collect and analyze information to reduce crime.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
. THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
authorize the Mayor accept and to sign all documents associated with the Department of Justice
S:\CA\RESO\Agreements\Grants\DOJ JAG Grant 2018-Reso.docx
I
fiscal year 2018 Justice Assistance Grant (JAG) (2018-DJ-BX-0424) in the amount of
$33,744.00 for the purchase of software to collect and analyze information to reduce crime, a
copy of which is attached hereto as Exhibit"A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this a a day of(\rI p,t,,, 2018.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor—Steven B. Grant
Vice Mayor—Christina L. Romelus ✓
Commissioner—Mack McCray
Commissioner—Justin Katz V✓
Commissioner—
VOTE W 1,
ATTEST:
Queenester Nieves
cc41,•ti9
dith A. Pyle, CMC
City Clerk
, (Corporate Seal)
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\nts\DOJ JAG Grant 2018-Reso.docx
U.S.Department of Justice
Office of Justice Programs
••
PAGE I OF 22 Bureau of Justice Assistance Grant
RECIPIENT NAME AND ADDRESS(Including Zip Code) ,4.AWARD NUMBER: 2018-D1-BX-0424
City of Boynton Beach
100 East Boynton Beach Blvd. .5.PROJECT PERIOD:FROM 10/01/2017 TO 09/30/2021
Boynton Beach,FL 33425-0310
BUDGET PERIOD:FROM 10/01/2017 TO 09/30/2021
6.AWARD DATE. 10/01/2018 7.ACTION
2a.GRANTEE IRS/VENDOR NO. 8.SUPPLEMENT NUMBER Initial
596000282 00
2b.GRANTEE DUNS NO.
072247133 9.PREVIOUS AWARD AMOUNT S 0
3.PROJECT TITLE . 10.AMOUNT OF THIS AWARD S 33,744
Analytical software/training for Real Timc Crime Center
I t.TOTAL AWARD S 33,744
12.SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13.STATUTORY AUTHORITY FOR GRANT
This projects supported under FY I8(BJA-JAG State&JAG Local)Title I of Pub.L.No.90-351(generally codified at 34 U.S.C.10101-10726),including
subpart I of part E(codified at 34 U.S.C.10151-10158);see also 28 U.S.C.530C(a)
14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number)
16.738-Edward Byrne Memorial Justice Assistance Grant Program
15.METIIOD OF PAYMENT
GPRS
AGENCY APPROVAL - .1111111_ GRANTEE ACCEPTANCE
16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Matt Dummermuth Steven Grant
Mayor
Principal Deputy Assistant Attorney General
.._........ __
17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATU F AUTH ZE ECIPIENT OFFICIAL I9A.DATE
AGENCY USE ONLY
20.ACCOUNTING CLASSIFICATION CODES 21. TDNGTI127
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 33744
OW FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
) Bureau of Justice Assistance SHEET PAGE 2 OF 22
* K,` Grant
PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
1. 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 certifications or assurances
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.
Failure to comply with any one or more of these award requirements--whether a condition set out in full below,a
condition incorporated by reference below,or a certification or assurance related to conduct during the award period--
may result in the Office of Justice Programs("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.
The Department of Justice("DOJ"),including OW,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.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted
and supplemented by DOJ in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY
2018 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOI on December 26,2014. If this FY 2018 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 2018 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OW awards and subawards
("subgrants"),see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient(and any subrecipient("subgrantee")at
any tier)must retain--typically for a period of 3 years from the date of submission of the final expenditure report(SF
425),unless a different retention period applies--and to which the recipient(and any subrecipient("subgrantee")at
any tier)must provide access,include performance measurement information,in addition to the financial records,
supporting documents,statistical records,and other pertinent records indicated at 2 C.F.R.200.333.
In the event that an award-related question arises from documents or other materials prepared or distributed by OW
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.
}
OJP FORM 4000/2(REV 4-88)
I
� i', U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
r Bureau of Justice Assistance SHEET PAGE 3 OF 22
Grant
PROJECT NUMBER 2018•DJ-BX-0424 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
3. 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/D01/index.htm),including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
4. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially
reclassified 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,OW 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.
S. Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully
completed an"OJP financial management and grant administration training"by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1,2016,will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or
FPOC must have successfully completed an"OJP financial management and grant administration training"by 120
calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new
POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful
completion of such a training on or after January 1,2016,will satisfy this condition.
A list of OR trainings that OJP will consider"OJP financial management and grant administration training"for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold("freeze")award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
6. Requirements related to"de minimis"indirect cost rate
}
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis"
indirect cost rate described in 2 C.F.R.200.414(f),and that elects to use the"de minimis"indirect cost rate,must advise
OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200
Uniform Requirements. The"de minimis"rate may be applied only to modified total direct costs(MTDC)as defined
by the Part 200 Uniform Requirements.
OW FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 4 OF 22
' ��� Grant
PROJECT NUMBER 2018-D)-BX-0424 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
7. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal
funds during the period of performance for this award,the recipient promptly must determine whether funds from any
of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the
identical cost items for which funds are provided under this award. If so,the recipient must promptly notify the DO)
awarding agency(OJP or OV W,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ
awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to
eliminate any inappropriate duplication of funding.
8. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management(SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients
(first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the
recipient)the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers 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).
9. 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(PI1)"(2 CFR 200.79)within the
scope of an OJP grant-funded program or activity,or 2)uses or operates a"Federal information system"(OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PII to an OW Program Manager no later than 24 hours after an occurrence of an actual breach,or the detection of an
imminent breach.
10. 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.
OR FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
44Bureau of Justice Assistance SHEET PAGE 5 OF 22
a
Grant
I
PROJECTBIIIMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
II. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed$150,000
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold(currently,$150,000). This condition applies to agreements that--for purposes of
federal grants administrative requirements--OW 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$150,000)),and are incorporated by reference here.
12. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and
OJP authority to terminate award)
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including
requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the
part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at haps:!/ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm(Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP
authority to terminate award)),and are incorporated by reference here.
13. 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").
14. 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.
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://ojp.gov/funding/implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
OR FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 6 OF 22•
Grant
PROJECT NUMBER 2018-DI-BX-0424 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
16. 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.
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. Compliance with DO)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.
19. 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."
20. Compliance with DO)regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38
The recipient,and any suhrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries.
Among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of
religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantee")organizations that
engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and
subrecipients that arc faith-based or religious organizations.
The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is
available via the Electronic Code of Federal Regulations(currently accessible at 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.
0/P FORM 4000/2(REV.4.88)
U.S.Department of Justice
Office of Justice Programs • AWARD CONTINUATION
`+- F Bureau of Justice Assistance SHEET PAGE 7 OF 22
, ;:, Grant
PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
21. Restrictions on"lobbying"
In general,as a matter of federal law,federal funds awarded by OW 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.
22. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2018)
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,2018,are set out at
https://ojp.gov/funding/ExplorelFYl8AppropriationsRestrictions.htrn,and arc 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.
23. Reporting Potential Fraud,Waste,and Abuse,and Similar Misconduct
The recipient and any subrecipients("subgrantees")must promptly refer to the DOJ Office of the Inspector General
(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)mail directed to:Office of the Inspector General,U.S.Department of Justice,Investigations Division,
1425 New York Avenue,N.W.Suite 7100,Washington,DC 20530;and/or(2)the DOJ OIG hotline:(contact
information in English and Spanish)at(800)869-4499(phone)or(202)616-9881(fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
OW FORM 4000/2(REV 4-88)
U.S.Department of Justice I
Office of Justice Programs AWARD CONTINUATION
• ; `' i Bureau of Justice Assistance SHEET 1 PAGE s OF 22
Grant
PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10!01/2018
SPECIAL CONDITIONS
24. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or
subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in
accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended,and shall not be understood by the agency making this award,to contravene
requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to
sensitive compartmented information),or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
I. In accepting this award,the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or
contractors from reporting waste,fraud,or abuse as described above;and !!
b. certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,
or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt
written notification to the federal agency making this award,and will resume(or permit resumption of)such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or
both--
a. it represents that--
1 (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 ot)such obligations only if expressly
authorized to do so by that agency.
OJP FORM 400012(REV.4-88)
�Y_ U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
3,iljif ...
i
Bureau of Justice Assistance SHEET PAGE 9 OF 22
':r'' " Grant
PROJECT NUMBER 2018-D1-BX-0424 AWARD DATE 10/01/2018 .-- --.- _-.,-.-----,.,,'
SPECIAL CONDITIONS
25. 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
I employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a
gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public
health or safety,or a violation of law,rule,or regulation related to a federal grant.
The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of
employee rights and remedies under 41 U.S.C.4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to
contact the DOJ awarding agency(OJP or OV W,as appropriate)for guidance.
26. 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.
27. 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.
28. Cooperating with OW Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and
procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial
Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits. The
recipient agrees to provide to OJP all documentation necessary for OW to complete its monitoring tasks,including
documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other
restrictions on the recipient's access to award funds;referral to the DOJ OIG for audit review;designation of the
recipient as a DOJ High Risk grantee;or termination of an award(s).
OJP FORM 4000/2(REV.4-88)
1
U.S.Department of Justice
Office ofJustice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 10 OF 22
or
} Grant
PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
29. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards("subgrants")of$25,000 or
more and,in certain circumstances,to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds. The details of recipient
obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm(Award condition:Reporting Subawards and
Executive Compensation),and arc incorporated by reference here.
This condition,including its reporting requirement,does not apply to--(1)an award of less than$25,000,or(2)an
award made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
30. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes,regulations,award
conditions,and the DOJ Grants Financial Guide,and must include the applicable conditions of this award in any
subaward.Among other things,the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients.The recipient agrees to submit,upon
request,documentation of its policies and procedures for monitoring of subawards under this award.
31. Use of program income
Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report,SF 425.
32. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing
Initiative(Global)guidelines.The recipient(and any subrecipient at any tier)must conform to the Global Standards
Package(GSP)and all constituent elements,where applicable,as described at:https://it.ojp.gov/gsp_grantcondition.
The recipient(and any subrecipient at any tier)must document planned approaches to information sharing and describe
compliance with the GSP and appropriate privacy policy that protects shared information,or provide detailed
justification for why an alternative approach is recommended.
33. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent
possible,existing networks as the communication backbone to achieve interstate connectivity,unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
34. 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.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
t44r.
,
Bureau of Justice Assistance SHEET PAGE 11 OF 22
Grant
PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
35. 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.
36. 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.
37. Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized
Representative contact information in GMS,including telephone number and e-mail address. If any information is
incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System
(GMS)to document changes.
38. Law enforcement task forces-required training
Within 120 days of award acceptance,each current member of a law enforcement task force funded with award funds
who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,
must complete required online(internet-based)task force training.Additionally,all future task force members must
complete this training once during the period of performance for this award,or once every four years if multiple OW
awards include this requirement.
The required training is available free of charge online through the BJA-fundcd 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).
39. Justification of consultant rate
IApproval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
I
I
I
OJP FORM 4000/2(REV.4-88)
1
U.S.Department of Justice
Office of Justice Programsitt, .', AWARD CONTINUATION
` Bureau of Justice Assistance SHEET PAGE 12 OF 22
Grant
PROJECTNUMBER 201B-DJ-BX-0424 AWARD DATE I0/OI/2018
SPECIAL CONDITIONS
40. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks--including 18 U.S.C.922 and 34
U.S.C.ch.409--if the recipient(or any subrecipient at any tier)uses this award to fund(in whole or in part)a specific
project or program(such as a law enforcement,prosecution,or court program)that results in any court dispositions,
information,or other records that are"eligible records"(under federal or State law)relevant to the National Instant
Background Check System(NICS),or that has as one of its purposes the establishment or improvement of records
systems that contain any court dispositions,information,or other records that are"eligible records"(under federal or
State law)relevant to the NICS,the recipient(or subrecipient,if applicable)must ensure that all such court
dispositions,information,or other records that are"eligible records"(under federal or State law)relevant to the NICS
are promptly made available to the NICS or to the"State"repository/database that is electronically available to(and
accessed by)the NICS,and--when appropriate--promptly must update,correct,modify,or remove such 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.
41. Certification of Compliance with 8 U.S.C.1373 and 1644(within the funded"program or activity")required for valid
award acceptance by a local government
In order validly to accept this award,the applicant local government must submit the required"State or Local
Government:FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644"(executed by the chief legal officer
of the local government). Unless that executed certification either--(1)is submitted to OJP together with the fully-
executed award document,or(2)is uploaded in OJP's GMS no later than the day the sibmed award document is
submitted to OJP,any submission by a local government that purports to accept the award is invalid.
If an initial award-acceptance submission by the recipient is invalid,once the local government does submit the
necessary certification regarding 8 U.S.C.1373 and 1644,it may submit a fully-executed award document executed by
the local government on or after the date of that certification.
For purposes of this condition,"local government"does not include any Indian tribe.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
"r Office of Justice Programs AWARD CONTINUATION
�• t Bureau of Justice Assistance SHEET PAGE 13 OF 22
f Grant
PROJECT NUMBER 2018-DI-BX-0424 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
42. Noninterference(within the funded"program or activity")with federal law enforcement:8 U.S.C.1373 and 1644;
ongoing compliance
1.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 period of performance,no State or local government entity,-
agency,or-official may prohibit or in any way restrict--(I)any government entity or-official from sending or
receiving information regarding citizenship or immigration status as described in 8 U.S.C.1373(a);or(2)a government
entity or-agency from sending,requesting or receiving,maintaining,or exchanging information regarding immigration
status as described in either 8 U.S.C. 1373(b)or 1644.Any prohibition(or restriction)that violates this condition is an
"information-communication restriction"under this award.
2.Certifications from subrecipients.The recipient may not make a subaward to a State,a local government,or a
"public"institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C.1373 and
1644,properly executed by the chief legal officer of the government or educational institution that would receive the
subaward,using the appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm.
Also,the recipient must require that no subrecipient(at any tier)may make a further subaward to a State,a local
government,or a public institution of higher education,unless it first obtains a certification of compliance with 8
U.S.C. 1373 and 1644,properly executed by the chief legal officer of the government or institution that would receive
the further subaward,using the appropriate OJP form.
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,a
local government,or a public institution of higher education,incurs to implement this condition.
5.Rules of Construction
A.For purposes of this condition:
(l)"State"and"local government"include any agency or other entity thereof,but not any institution of higher
education or any Indian tribe.
(2)A"public"institution of higher education is defined as one that is owned,controlled,or directly funded(in whole or
in substantial part)by a State or local government.(Such a public institution is considered to be a"government entity,"
and its officials to be"government officials.")
(3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a).
(4)"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. 1 101 mean what they mean under that section 1101,except that"State"also includes American Samoa.
(5)Pursuant to the provisions set out at(or referenced in)8 U.S.C. 1551 note("Abolition...and Transfer of
Functions"),references to the"Immigration and Naturalization Service"in 8 U.S.C.1373 and 1644 are to be read as
references to particular components of the Department of Homeland Security(DHS).
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,any public institution of higher education,or any other entity(or individual)to violate any
federal law,including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE:Any questions about the meaning or scope of this condition should be directed to OJP,before
071'FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office oflustice Programs AWARD CONTINUATION
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Grant
PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
award acceptance.
43. Authority to obligate award funds contingent on noninterference(within the funded"program or activity")with federal
law enforcement(8 U.S.C.1373 and 1644);unallowable costs;notification
1.If the recipient is a"State,"a local government,or a"public"institution of higher education:
A.The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient
(or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that is
funded in whole or in part with award funds is subject to any"information-communication restriction."
B.[n addition,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to
reimburse itself if--at the time it incurs such costs--the program or activity of the recipient(or of any subrecipient
at any tier that is a State,a local government,or a public institution of higher education)that would be reimbursed in
whole or in part with award funds was subject to any information-communication restriction.
C.Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation
by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and each subrecipient
(regardless of tier)that is a State,local government,or public institution of higher education,is in compliance with the
award condition entitled"Noninterference(within the funded'program or activity')with federal law enforcement:8
U.S.C. 1373 and 1644 and ongoing compliance."
D.The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance
with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the
recipient,or of any subrecipient at any tier that is either a State or a local government or a public institution of higher
education,may be subject to any information-communication restriction.In addition,any subaward(at any tier)to a
subrecipient that is a State,a local government,or a public institution of higher education must require prompt
notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an
information-communication restriction.
2.Any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher
education must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the program
or activity of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with
award funds is subject to any information-communication restriction.
3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling
circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award
funds that,under this condition,may not be made shall be unallowable costs for purposes of this award.In making any
such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the"Noninterference...8 U.S.C. 1373 and 1644
and ongoing compliance"award condition.
4.Rules of Construction
A.For purposes of this condition"information-communication restriction"has the meaning set out in the
"Noninterference...8 U.S.C. 1373 and 1644 and ongoing compliance"condition.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference...8 U.S.C.1373 and
1644 and ongoing compliance"condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
14r, Office of Justice Programs AWARD CONTINUATION
, Bureau of Justice Assistance SHEET PAGE 15 OF 22
Grant
PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATA 10/01/2018
SPECIAL CONDITIONS
44. Noninterference(within the funded"program or activity")with federal law enforcement:No public disclosure of
certain law enforcement sensitive information
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the
award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance.Its
provisions must be among those included in any subaward(at any tier).
I.Noninterference: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 public disclosure may be made of any federal law enforcement
information in a direct or indirect attempt to conceal,harbor,or shield from detection any fugitive from justice under IS
I 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.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs arc 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.
4.Rules of construction
i
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.
1101(ax3));
(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--(1)through any database,(2)in connection with any law enforcement
partnership or-task-force,(3)in connection with any request for law enforcement assistance or-cooperation,or(4)
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.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity')with federal law enforcement:8 U.S.C. 1373 and 1644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
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U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
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SPECIAL CONDITIONS
45. Noninterference(within the funded"program or activity")with federal law enforcement:Interrogation of certain aliens
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by this
award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance for
the award. Its provisions must be among those included in any subaward(at any tier).
I.Noninterference 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"--within the funded program or activity,no State or local government
entity,-agency,or-official 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"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."
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(e.g.,training)designed to ensure compliance with this
condition.
4.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(INA)(see 8
U.S.C. 1101(a)(3)).
(2)The term"correctional facility"means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968(see 34 U.S.C.10251(a)(7)).
(3)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.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity')with federal law enforcement:8 U.S.C.1373 and 1644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
' Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 17 OF 22
Grant
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SPECIAL CONDITIONS
46. Noninterference(within the funded"program or activity")with federal law enforcement:Notice of scheduled release
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the
award,as of the date the recipient accepts the award,and throughout the remainder of the period of performance.Its
provisions must be among those included in any subaward at any tier.
1,Noninterference 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 DOJ 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")—within the funded program or activity,no State or
local government entity,-agency,or-official(including a government-contracted correctional facility)may interfere
with the"removal"process by failing to provide--as early as practicable(see para.4.C.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.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(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A.For purposes of this condition:
(1)The term"alien"means what it means under section 101 of the INA(see 8 U.S.C. 1101(a)(3)).
(2)The term"correctional facility"means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968(see 34 U.S.C. 10251(a)(7)).
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 maintain(or detain)any individual in custody beyond the
date and time the individual otherwise would have been released.
C. 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 I-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 practicable.
(2)Current DHS practice is to use the same form for a second,distinct purpose--to request that an individual be
OW FORM 400012(REV.4-88)
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Office of Justice Programs AWARD CONTINUATION
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SPECIAL CONDITIONS
detained for up to 48 hours AFTER the scheduled release.This condition does NOT encompass such DHS requests for
detention.
D.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity')with federal law enforcement:8 U.S.C. 1373 and 1644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
47. Requirement to collect certain information from subrecipients
The recipient may not make a subaward to a State,a local government,or a"public"institution of higher education,
unless it fust obtains from the proposed subrecipient responses to the questions identified in the program solicitation as
"Information regarding Communication with the Department of Homeland Security(DHS)and/or Immigration and
Customs Enforcement(ICE)."All subrecipient responses must be collected and maintained by the recipient,consistent
with regular document retention requirements,and must be made available to DOJ upon request.Responses to these
questions are not required from subrecipients that are either a tribal government/organization,a nonprofit organization,
or a private institution of higher education.
OW FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
•
Bureau of Justice Assistance SHEET PAGE 19 OF 22
Grant
PROJECT NUMBER 2018-D1-BX-0424 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
48. Compliance with National Environmental Policy Act and related statutes
Upon request,the recipient(and any subrecipient at any tier)must assist BJA in complying with the National
Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental
impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient.
Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior
to obligating funds for any of these purposes.If it is determined that any of the following activities will be funded by
the award,the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below,whether or not they are being
specifically funded with these award funds.That is,as long as the activity is being conducted by the recipient,a
subrecipient,or any third party,and the activity needs to be undertaken in order to use these award funds,this condition
must first be met.The activities covered by this condition are:
a.New construction;
b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including
properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or
eligible for listing on the National Register of Historic Places;
c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an
incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or
education environments;and
e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the
identification,seizure,or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement,as directed by BJA.The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan,as detailed at https://bja.gov/Funding/nepa.html,for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients'existing programs or activities that will be funded by these award funds,the recipient,upon specific
request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
49. Establishment of trust fund
If award funds are being drawn down in advance,the recipient(or a subrecipient,with respect to a subaward)is
required to establish a trust fund account.Recipients(and subrecipients)must maintain advance payments of federal
awards in interest-bearing accounts,unless regulatory exclusions apply(2 C.F.R.200.305(b)(8)).The trust fund,
including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the award
funds in the trust fund(including any interest earned)during the period of performance for the award and expend
within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to OJP at
the time of closeout.
OW FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 20 of 22
Grant
PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
50. Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50%match for purposes of the DOl Bulletproof Vest Partnership(BVP)program.
51. Certification of body armor"mandatory wear"policies
The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased
with funds from this award have a written"mandatory wear"policy in effect.The recipient must keep signed
certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-
resistant body armor purchases.This policy must be in place for at least all uniformed officers before any funds from
this award may be used by an agency for body armor.There are no requirements regarding the nature of the policy
other than it be a mandatory wear policy for all uniformed officers while on duty.
52. Body armor-compliance with NIJ standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat
level,make or model,from any distributor or manufacturer,as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List(https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx).In addition,
ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely
fitted,as set forth in 34 U.S.C. 10202(c)(1)(A).The latest NIJ standard information can be found here:https://nij.gov/
topics/technology/body-armor/pages/safety-initiative.aspx.
53. Body armor-impact on eligibility for other program funds
The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for
funding under the Bulletproof Vest Partnership(BVP)program,a separate program operated by BJA,pursuant to the
BVP statute at 34 USC 10531(cx5).
54. Reporting requirements
The recipient must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through
OJP's GMS(https://grants.ojp.usdoj.gov).Consistent with the Department's responsibilities under the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,the recipient must provide data that
measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool(PMT)website(www.bjaperformancetools.org).For more detailed information on
reporting and other JAG requirements,refer to the JAG reporting requirements webpage.Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
55. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force,racial and ethnic bias,de-
escalation of conflict,and constructive engagement with the public.
56. 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.
OJP FORM 4000!2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
= Bureau of Justice Assistance SHEET PAGE 21 OF 22
Grant
PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
57. Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,2017
The recipient may obligate(federal)award funds only after the recipient makes a valid acceptance of the award. As of
the first day of the period of performance for the award(October 1,2017),however,the recipient may choose to incur
project costs using non-federal funds,but any such project costs are incurred at the recipient's risk until,at a
minimum--(I)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions are
removed by OJP(via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the
condition is removed.)
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 a Grant Adjustment Notice,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.
Nothing in this condition shall be understood to authorize the recipient(or any subrecipient at any tier)to use award
funds to"supplant"State or local funds in violation of the recipient's certification(executed by the chief executive of
the State or local government)that federal funds will be used to increase the amounts of such funds that would,in the
absence of federal funds,be made available for law enforcement activities.
58. Use of funds for DNA testing;upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System("CODIS,"the DNA database operated by the FBI)by a government DNA
laboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without
prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may
be accepted for entry into CODIS.
59. Three percent set-aside for NIBRS compliance
The recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving full
compliance with the FBI's National Incident-Based Reporting System(NIBRS),unless the FBI or appropriate State
official has certified that the recipient locality is already NIBRS compliant,and evidence of this has been submitted to
and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate
what projects will be supported by this 3 percent set-aside,unless evidence of NIBRS compliance has been submitted
to and approved by BJA.Recipients serving as fiscal agents for"disparate jurisdictions,"(as defined at 34 USC
10156(d)(4))have to pass this requirement through to in subawards to other localities in the disparate jurisdiction,so
that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance,
unless,with respect to each locality in the disparate jurisdiction group,evidence of NIBRS compliance has been
submitted to and approved by BJA.
OJP FORM 4000/2(RF.V.4-88)
U.S.Department of Justice
irtOffice of Justice Programs AWARD CONTINUATION
t
Bureau of Justice Assistance SHEET PAGE 22 OF 22
Grant
PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
60. Encouragement of submission of"success stories"
BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success
story,sign in to a My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form.If
the recipient does not yet have a My BJA account,please register at https://www.bja.gov/profile.aspx.Once
registered,one of the available areas on the My BJA page will be"My Success Stories."Within this box,there is an
option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the BJA Success
Story web page at https://www.bja.gov/SuccessStoryList.aspx.
61. Withholding of funds:Required certification from the chief executive of the applicant government
The recipient may not obligate,expend,or draw down any award funds until the recipient submits the required
"Certifications and Assurances by the Chief Executive of the Applicant Government,"properly-executed(as
determined by OJP),and a Grant Adjustment Notice(GAN)has been issued to remove this condition.
62. Withholding of funds:NIBRS set-aside
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and BJA reviews
and accepts,a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance
activities or documentation showing that the recipient has been certified as NIBRS compliant,and a Grant Adjustment
Notice(GAN)has been issued to remove this condition.
63. Withholding of funds: Budget narrative or information
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the required budget information or narrative for the award,and a Grant Adjustment Notice(GAN)has
been issued to remove this condition.
64. Withholding of funds: Program narrative
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the program narrative for this award,and a Grant Adjustment Notice(GAN)has been issued to remove
this condition.
65. 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 a Grant Adjustment Notice
(GAN)releasing this special condition.
66. Withholding-DHS question attachment
The recipient may not obligate,expend or draw down funds until the Office of Justice Programs has received and
approved the required application attachment(s)described in the program solicitation as"Information regarding
Communication with the Department of Homeland Security(DHS)and/or Immigration and Customs Enforcement
(ICE),"and has issued a Grant Adjustment Notice(GAN)releasing this special condition.
67 Withholding of funds: Disclosure of lobbying
The recipient may not obligate,expend,or draw down any funds under this award until it has provided to the grant
manager for this OJP award a complete Disclosure of Lobbying Activities(SF-LLL)form,and OW has issued a Grant
Adjustment Notice to remove this special condition.
OJP FORM 4000/2(REV.4-88) ,--
U.S.Department of Justice
4Office of Justice Programs
Office
Bureau of Justice Assistance
Washington,D.C. 10531
Memorandum To: Official Grant File
From: Orbin Terry,NEPA Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of
Boynton Beach
The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system,some of
which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA
and other related federal environmental impact analyses requirements in the use of grant funds,whether the funds
are used directly by the grantee or by a subgrantee or third party. Accordingly,prior to obligating funds for any of
the specified activities,the grantee must first determine if any of the specified activities will be funded by the
grant.
The specified activities requiring environmental analysis are:
a.New construction;
b.Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a
property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as
an incidental component of a funded activity and(b)traditionally used,for example,in office,household,
recreational,or education environments;and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations,including the
identification,seizure,or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental
Impact Statement,as directed by BJA. Further,for programs relating to methamphetamine laboratory operations,
the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan
requirements,please see https://www.bja.gov/Funding/nepa.htmi.
Please be sure to carefully review the grant conditions on your award document,as it may contain more specific
information about environmental compliance.
4
U.S.Department of Justice GRANT MANAGER'S MEMORANDUM,PT.I:
Office of Justice Programs
PROJECT SUMMARY
Bureau of Justice Assistance
t
�� `. .� osGrant
PROJECT NUMBER _
i
PAGE I OF 1
2018-DJ-BX-0424
This project is supported under FY 18(BJA-JAG State&JAG Local)Title I of Pub.L.No.90-351(generally codified at 34 U.S.C.10101-10726),including
subpart I of part E(codified at 34 U.S.C.10151-10158);see also 28 U.S.C.530C(a)
1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number)
Tatnaro T.White Jaclyn Smith
(202)359-4493 Grants Manager
100 E BOYNTON BCH BLVD
Boynton Beach,FL 33425-0310
(561)742-6100 ext.6195
3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS
BJA FY 18 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation ON REVERSE)
4.TITLE OF PROJECT
Analytical software/training for Real Time Crime Center
5.NAME&ADDRESS OF GRANTEE 6.NAME ADRESS OF SUBGRANTEE
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach,FL 33425-0310
7.PROGRAM PERIOD 8.BUDGET PERIOD
FROM: 10/01/2017 TO: 09/30/2021 FROM: 10/012017 TO: 09/30/2021
9.AMOUNT OF AWARD 10.DA'Z'E OF AWARD
S 33,74.4 10/01/2018
II,SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT
13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT
IS SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse)
The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and units of local government,including tribes,to support a broad range of
criminal justice related activities based on their own state and local needs and conditions.Grant funds can be used for state and local initiatives,technical assistance,
training,personnel,equipment,supplies,contractual support,and information systems for criminal justice,including for any one or more of the following purpose
areas:1)law enforcement programs;2)prosecution and court programs;3)prevention and education programs;4)corrections and community corrections programs;
5)drug treatment and enforcement programs;6)planning,evaluation,and technology improvement programs;7)crime victim and witness programs(other than
compensation);and 8)mental health programs and related law enforcement and corrections programs,including behavioral programs and crisis intervention teams.
OW FORM 4000/2(REV.4-88)
This Local JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above.Any equipment
purchases or funded initiatives such as overtime,task forces,drug programs or information sharing,will be aimed at reducing crime and enhancing public and
officer safety.
NCA/NCF
IN WITNESS WHEREOF,the CITY OF BOYNTON BEACH has caused these presents to be executed
in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have
hereunto set its hand and seal the day and year first above written.
„ATTEST: CITY OF •Y►TO O;
Y.ark 41 'rrr,, By: i,%" 4(
tN , O
• CO 6.'s Print Name:aC�Lr\
F: 2 Title: \" `oz- c.-‘---
•
o. C:
r .. (SEALely.;
,'111/1_i co .. .
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that in this day before me, an officer duly qualified to take
acknowledgements, personally, appeared—7AC?_Qe_ , as
of the City of Boynton Beach who is personally known to be the person described in, or who
produced as identification, and who executed the foregoing and
acknowledged before me that he executed the same.
WITNESS my hand and seal in the Count and State aforesaid on this eday of
cn "2018.
q1P. ' je2;(2_
NOTARY PUBLIC
7
My Commission Expires:3 615/5
TAMMY L OE8
MY COMMISSIONSTAN21#FF21368N3
' .'., EXPIRES March 25.2019
(4C7t 398-0'53 rloridallota7Survwx con.
ATTEST:
By:
Print Name:
Title:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgements, personally, appeared , as
of who is personally known to be the person described in, or who
produced as identification, and who executed the foregoing and
acknowledged before me that he executed the same.
WITNESS my hand and seal in the Count and State aforesaid on this day of
, 2018.
NOTARY PUBLIC
My Commission Expires:
Exhibit"A"
Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to
the Event any time December 1, 2018 from 8:00 a.m.to 12:00 a.m.