HomeMy WebLinkAboutResolutions - 2024.12.12 - 41770
AGENDA ITEM: Grant Acceptance from the U.S. Department of Justice of the FY 2024 Edward
Byrne Memorial Justice Assistance Program
DEPARTMENT: Sheriff’s Office
MEETING: Board of Commissioners
DATE: Thursday, December 12, 2024 11:11 AM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-4814
Motion to accept the 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program funding
from the U.S. Department of Justice in the amount of $70,469 for the period of October 1, 2024,
through September 30, 2028; further, authorize the Chair of the Board of Commissioners to execute
the grant agreement after final review by Risk Management and Corporation Counsel; further,
amend the FY 2025 budget as detailed in the attached Schedule A.
ITEM CATEGORY SPONSORED BY
Grant Penny Luebs
INTRODUCTION AND BACKGROUND
Oakland County applied for the FY2024 Edward Byrne Memorial Justice Assistance Grant (JAG)
Program funding for $70,469 from the U.S. Department of Justice (DOJ), Office of Justice Programs
(OJP), Bureau of Justice Assistance (BJA). The grant period is October 1, 2024, through September
30, 2028. The funding is based on a federal JAG formula. There is no required grant match.
Sheriff’s Office allocation of $46,924 will be used to purchase one (2) Humminbird APEX 19 SI+
Chartplotter w/ accessories at $5,800 each, (2) Aqua Eve at $5,000 each, (10) Luna 2.0 Wrist Dive
Computer $365 each, (10) Scuba Pro Hydros X BCD at $1,300 each, (50) Personal Flotation
Devices at $90 each, (1) Honda EB6500 Generator at $3,074, and (1)Honda EU22ooi Generator at
$1,100: and 8, and Forty-Five (45) Seagate Exos hard drives at $235 each total amount $10,575.
Prosecutor’s Office allocation of $19,989 will be used to purchase (10) Apple iPad Pro 11-inch at
$999 each and (100) ScanDisk Extreme Portable 1TB USB 3.1 External Solid-State Drive at $99
each.
Children’s Village allocation of $3,556 will be used to purchase (63) Books at $20 each, (63) Audio
Book Downloads at $20 each, and (4) Library Book carts at $259 each.
POLICY ANALYSIS
Acceptance of this grant does not obligate the County to any future commitment and continuation of
this program is contingent upon continued future levels of grant funding.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at
248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional
information.
CONTACT
Gaia Piir, Fiscal Officer
Christopher Wundrach, Major Deputy Chief of Staff
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 12/12/2024
AGENDA DEADLINE: 12/12/2024 7:00 PM
ATTACHMENTS
1. FY2024 JAG Schedule A
2. Award_Package_FAW-187043
COMMITTEE TRACKING
2024-12-03 Public Health and Safety - Recommend to Board
2024-12-12 Full Board - Adopt
Motioned by: Commissioner Linnie Taylor
Seconded by: Commissioner Penny Luebs
Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Christine Long, Robert
Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III,
Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann Erickson Gault, Linnie Taylor
(16)
No: None (0)
Abstain: None (0)
Absent: Michael Gingell, Kristen Nelson, Ajay Raman (3)
Passed
Oakland County, Michigan
FY2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Schedule "A"
R/E Fund Name Division Name
Fund #
(FND)
Cost Center
(CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID
(GRN) #
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2023
Amendment
R Multi Organizational Grants Sheriff Patrol Services - Marine Division FND11003 CCN4030601 RC610313 PRG116200 GRN-1004599 610000 Federal Operating Grant $46,924
R Multi Organizational Grants Children's Village FND11003 CCN1070701 RC610313 PRG112090 GRN-1004599 610000 Federal Operating Grant 3,556
R Multi Organizational Grants PA - Administration FND11003 CCN4010101 RC610313 PRG122000 GRN-1004599 610000 Federal Operating Grant 19,989
Total Revenue $70,469
E Multi Organizational Grants Sheriff Patrol Services - Marine Division FND11003 CCN4030601 SC760126 PRG116200 GRN-1004599 750000 Capital Outlay Miscellaneous $21,600
E Multi Organizational Grants Sheriff Patrol Services - Marine Division FND11003 CCN4030601 SC750070 PRG116200 GRN-1004599 750000 Deputy Supplies $21,150
E Multi Organizational Grants Sheriff Patrol Services - Marine Division FND11003 CCN4030601 SC750154 PRG116200 GRN-1004599 750000 Expendable Equipment $4,174
E Multi Organizational Grants Children's Village FND11003 CCN1070701 SC750567 PRG112090 GRN-1004599 730000 Training-Educational Supplies 3,556
E Multi Organizational Grants PA - Administration FND11003 CCN4010101 SC774646 PRG122000 GRN-1004599 750000 Info Tech Operations 19,989
Total Expenditures $70,469
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
Name and Address of Recipient: COUNTY OF OAKLAND
1200 N TELEGRAPH RD
City, State and Zip:PONTIAC, MI 48341
Recipient UEI:HZ4EUKDD7AB4
Project Title: Children’s Village Division –
Improving reading skills of incarcerated
juveniles. Sheriff Office Marine/Search and
Rescue Team equipment. Prosecutor Office -
Case management technology equipment
Award Number: 15PBJA-24-GG-05164-JAGX
Solicitation Title: BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation
Federal Award Amount: $70,469.00 Federal Award Date: 12/5/24
Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Funding Instrument Type:Grant
Opportunity Category: O
Assistance Listing:
16.738 - Edward Byrne Memorial Justice Assistance Grant Program
Project Period Start Date: 10/1/23 Project Period End Date: 9/30/27
Budget Period Start Date: 10/1/23 Budget Period End Date : 9/30/27
Project Description:
Project: Oakland County Sheriff’s Office (OCSO)Marine/Search and Rescue Team EquipmentThe Oakland County
Sheriff’s Office Search and Rescue Team is requesting grant funding to purchase essential equipment to facilitate the
rescue or recovery of drowning victims. Technology plays a crucial role in successful search and recovery operations.
Sonar equipment is critical to quickly enable the rescue of drowning victims when every second counts. The equipment
can also aid in locating potential evidence and objects underwater. Although a side scan sonar is the best option for
search and rescue operations because it allows large areas to be searched quickly, the cost is prohibitive and not
within the constraints of the available grant funding.The AquaEye and Humminbird APEX are good alternatives to the
side scan sonar but scan smaller areas. The Humminbird APEX provides a clear sonar image on a multifunction
display. The AquaEye is a handheld sonar device that offers advanced underwater scanning to quickly locate and
identify human-shaped objects using the latest ultrasound and artificial intelligence technologies to search nearly an
acre of water in under a minute.Divers use wrist dive computers during underwater search/rescue/recovery operations.
However, the existing devices are reaching the end of their life cycle.The current buoyancy control devices (BCDs) and
personal floatation devices (PFDs) are reaching the end of their life cycle and require replacement.Emergency/Search
and Rescue operations frequently occur during inclement weather conditions and at night. The generators will power
rescue equipment and emergency lighting, as well as rescue trailers with heaters to keep personnel warm during cold
weather operations. Project: County of Oakland – Children’s Village Division– Project Identifiers: – Improving reading
skills of incarcerated juveniles by increasing access and diversifying choices of books and audio books.85 percent of
all juveniles who interface with the juvenile court system are functionally low literate. Low literacy rates are associated
with higher rates of crime, but they also make it difficult for individuals to break the cycle of poverty and dependence on
welfare. Illiteracy and crime are connected. The Department of Justice states, The link between academic failure and
delinquency, violence, and crime is welded to reading failure. Children’s Village is working to break that trend amongst
those detained by offering tutoring programs and increasing reading opportunities by providing expanded resources.
Enlarging the selection and variety of books in the detention library at Children’s Village will assist in the goal of
Page: 1 of 24
improving literacy. Book library carts are also needed to support the additional book request. As part of the literacy
program, Children’s Village currently has an audio book program that plays downloaded books, approved by a
Librarian, on an intercom system, so residents can listen to books nightly. Children’s Village would also like to increase
the audio book library to include a more diverse selection. Children that read and/or listen to audio books at least 20
minutes each day get exposure to just under 2 million words each year. Students who read 20 minutes each day are
more likely to score better on standardized tests than 90 percent of peers who are not reading. Reading fictional books
are shown to increase better decision making by 50 – 100 percent.Project: County of Oakland – Prosecuting Attorney’s
Office – Case ManagementThe Oakland County Prosecuting Attorney’s Office continues to implement change toward
a paperless case management system. This process includes the processing and storage of digital evidence. We are
requesting grant funding to allow our Assistant Prosecutor’s to access their digital case files and evidence remotely via
tablet. This will allow for the consistent and effective organization of files. Additionally, we are requesting grant funding
to store and disseminate discovery including reports, documents, photographs, videos and the like via external drives.
Page: 2 of 24
Award Letter
December 5, 2024
Dear David Woodward,
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 COUNTY OF OAKLAND for an award under the funding opportunity
entitled 2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The
approved award amount is $70,469.
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.
Brent J. Cohen
Acting Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal
civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP,
the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW).
Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of
1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those
laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of
services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in
the provision of services on the bases of age.
Some recipients of DOJ financial assistance have additional obligations to comply with other applicable
nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits
discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have
related requirements regarding the development and implementation of equal employment opportunity programs.
Page: 3 of 24
OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations.
Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ
recipients that are the subject of discrimination complaints. In addition, OCR conducts compliance reviews of DOJ
recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether
DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory
manner .
For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees
or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical
assistance, training, and other resources, please visit www.ojp.gov/program/civil-rights-office/outreach. If you would
like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCR@o
jp.usdoj.gov or www.ojp.gov/program/civil-rights-office/about#ocr-contacts .
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages
NEPA Letter
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system, some
of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with
NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether
the funds are used directly by the grantee or by a subgrantee or third party.? Accordingly,?prior to
obligating?funds for any of the specified activities, the grantee must first determine if any of the specified
activities will be?funded by the grant. ?
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a
property listed on or eligible for listing on the National Register of Historic Places;
c.? A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its
basic prior use or (b) significantly change its size;
d.? Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact
Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the
preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements,
please see https://www.bja.gov/Funding/nepa.html .
NEPA Coordinator
First Name
Orbin
Middle Name
no value
Last Name
Terry
Award Information
Page: 4 of 24
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
COUNTY OF OAKLAND
UEI
HZ4EUKDD7AB4
Street 1
1200 N TELEGRAPH RD Street 2
City
PONTIAC
State/U.S. Territory
Michigan
Zip/Postal Code
48341
Country
United States
County/Parish
no value
Province
no value
Award Details
Federal Award Date
12/5/24
Award Type
Initial
Award Number
15PBJA-24-GG-05164-JAGX
Supplement Number
00
Federal Award Amount
$70,469.00
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title
16.738 Edward Byrne Memorial Justice Assistance Grant Program
Statutory Authority
Pub. L. No. 90-351, Title I, Part E, subpart 1 (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a).
[ ] I have read and understand the information presented in this section of the Federal Award Instrument .
Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Solicitation Title Awarding Agency
Page: 5 of 24
2024 BJA FY 24 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program - Local Solicitation
Application Number
GRANT14261704
OJP
Program Office
BJA
Grant Manager
Andre Murray
Phone Number
202-598-9802
E-mail Address
Andre.Murray@usdoj.gov
Project Title
Children’s Village Division – Improving reading skills of incarcerated juveniles. Sheriff Office Marine/Search and
Rescue Team equipment. Prosecutor Office - Case management technology equipment
Performance Period Start
Date
10/01/2023
Performance Period End Date
09/30/2027
Budget Period Start Date
10/01/2023
Budget Period End Date
09/30/2027
Project Description
Project: Oakland County Sheriff’s Office (OCSO)Marine/Search and Rescue Team EquipmentThe Oakland County
Sheriff’s Office Search and Rescue Team is requesting grant funding to purchase essential equipment to facilitate the
rescue or recovery of drowning victims. Technology plays a crucial role in successful search and recovery operations.
Sonar equipment is critical to quickly enable the rescue of drowning victims when every second counts. The equipment
can also aid in locating potential evidence and objects underwater. Although a side scan sonar is the best option for
search and rescue operations because it allows large areas to be searched quickly, the cost is prohibitive and not
within the constraints of the available grant funding.The AquaEye and Humminbird APEX are good alternatives to the
side scan sonar but scan smaller areas. The Humminbird APEX provides a clear sonar image on a multifunction
display. The AquaEye is a handheld sonar device that offers advanced underwater scanning to quickly locate and
identify human-shaped objects using the latest ultrasound and artificial intelligence technologies to search nearly an
acre of water in under a minute.Divers use wrist dive computers during underwater search/rescue/recovery operations.
However, the existing devices are reaching the end of their life cycle.The current buoyancy control devices (BCDs) and
personal floatation devices (PFDs) are reaching the end of their life cycle and require replacement.Emergency/Search
and Rescue operations frequently occur during inclement weather conditions and at night. The generators will power
rescue equipment and emergency lighting, as well as rescue trailers with heaters to keep personnel warm during cold
weather operations. Project: County of Oakland – Children’s Village Division– Project Identifiers: – Improving reading
skills of incarcerated juveniles by increasing access and diversifying choices of books and audio books.85 percent of
all juveniles who interface with the juvenile court system are functionally low literate. Low literacy rates are associated
with higher rates of crime, but they also make it difficult for individuals to break the cycle of poverty and dependence on
welfare. Illiteracy and crime are connected. The Department of Justice states, The link between academic failure and
delinquency, violence, and crime is welded to reading failure. Children’s Village is working to break that trend amongst
those detained by offering tutoring programs and increasing reading opportunities by providing expanded resources.
Enlarging the selection and variety of books in the detention library at Children’s Village will assist in the goal of
improving literacy. Book library carts are also needed to support the additional book request. As part of the literacy
program, Children’s Village currently has an audio book program that plays downloaded books, approved by a
Librarian, on an intercom system, so residents can listen to books nightly. Children’s Village would also like to increase
the audio book library to include a more diverse selection. Children that read and/or listen to audio books at least 20
minutes each day get exposure to just under 2 million words each year. Students who read 20 minutes each day are
more likely to score better on standardized tests than 90 percent of peers who are not reading. Reading fictional books
are shown to increase better decision making by 50 – 100 percent.Project: County of Oakland – Prosecuting Attorney’s
Office – Case ManagementThe Oakland County Prosecuting Attorney’s Office continues to implement change toward
a paperless case management system. This process includes the processing and storage of digital evidence. We are
requesting grant funding to allow our Assistant Prosecutor’s to access their digital case files and evidence remotely via
tablet. This will allow for the consistent and effective organization of files. Additionally, we are requesting grant funding
Page: 6 of 24
to store and disseminate discovery including reports, documents, photographs, videos and the like via external drives.
[ ] I have read and understand the information presented in this section of the Federal Award Instrument .
Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
[ ] I have read and understand the information presented in this section of the Federal Award Instrument .
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Condition 1
Meaningful access requirement for individuals with limited English proficiency
The recipient, and any subrecipient at any tier, must take reasonable steps to ensure that individuals with limited
English proficiency (LEP) have meaningful access to their programs and activities to comply with Title VI of the Civil
Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of national origin, including discrimination
against individuals with LEP. Such steps may require providing language assistance services, such as interpretation or
translation services. The Department of Justice guidance on compliance with this requirement may be found at
"Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons" (67 Fed. Reg. 41455-41472) (https://
www.federalregister.gov/d/02-15207) and is incorporated by reference here.
Condition 2
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2024)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable
appropriations acts are indicated at https://ojp.gov/funding/Explore/FY24AppropriationsRestrictions.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.
Condition 3
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.
Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the
Department to support or engage in any explicitly religious activities except when consistent with the Establishment
Clause of the First Amendment and any other applicable requirements. An organization receiving Federal financial
assistance also may not, in providing services funded by the Department of Justice, or in their outreach activities
related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of
religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that
engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and
Page: 7 of 24
subrecipients that are faith-based or religious organizations. In addition, Part 38 states that a faith-based organization
that participates a Department of Justice funded program retains its independence from the Government and may
continue to carry out its mission consistent with religious freedom and conscience protections in Federal law.
Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and
prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially
similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found
at https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-and-other-neighborhood-organizations.
In certain instances, a faith-based or religious organization may be able to take religion into account when making
hiring decisions, provided it satisfies certain requirements. For more information, please see https://www.ojp.gov/
funding/explore/legaloverview2024/civilrightsrequirements.
Condition 4
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.
Condition 5
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold
award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
Condition 6
Page: 8 of 24
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 award
from OJP.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and
subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/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
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
Condition 7
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.
Condition 8
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.
Condition 9
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").
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Condition 10
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.
Condition 11
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.
Condition 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.
Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f) contain notice
requirements that covered recipients must follow regarding the dissemination of information regarding federal
nondiscrimination requirements.
Condition 13
Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or
in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal
statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a
subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may
interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm
(Award condition: Determination of suitability required, in advance, for certain individuals who may interact with
participating minors), and are incorporated by reference here.
Condition 14
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.
Condition 15
Employment eligibility verification for hiring under the award
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1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole
or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the
individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under
this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to
hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award
requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain
records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with
Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for
the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes
(without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the
hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient
(or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate
person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify
procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm
employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with
award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient
at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website
(https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-
VerifyEmployerAgent@dhs.gov.
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Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
Condition 16
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
Condition 17
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially
reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The
reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and
cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified
to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in
material incorporated by reference through award conditions, and references set out in other award requirements.
Condition 18
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
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requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that
prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it
will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
Condition 19
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.
Condition 20
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of
federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed $250,000)), and are incorporated by reference here.
Condition 21
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal
funds during the period of performance for this award, the recipient promptly must determine whether funds from any of
those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical
cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding
agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding
agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any
inappropriate duplication of funding.
Condition 22
Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP
financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the
award. Successful completion of such a training on or after January 1, 2021, 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
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such a training on or after January 1, 2021, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply
with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on
this award.
Condition 23
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.
Condition 24
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.
Condition 25
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.
Condition 26
Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an
actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores,
maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the
scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB
Circular A-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.
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Condition 27
Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently
accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as
maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-
tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the
unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal
Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated
to any business or non-profit organization that he or she may own or operate in his or her name).
Condition 28
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.
Condition 29
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may
be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by
law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or
cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing,
extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an
exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might
fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the
express prior written approval of OJP.
Condition 30
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").
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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.
Condition 31
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."
Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the
dissemination of information regarding federal nondiscrimination requirements.
Condition 32
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.
Condition 33
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.
Condition 34
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).
Condition 35
Body-worn cameras, policies and procedures
In accepting this award, the recipient agrees not to use award funds for purchases of body-worn cameras or related
expenses for any agency unless that agency has policies and procedures in place that reinforce appropriate agency
Use of Force policies and training and address technology usage, evidence acquisition, data storage and retention, as
well as privacy issues, accountability and discipline.
Condition 36
Body armor - compliance with NIJ standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level,
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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. 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 and the NIJ
Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/
topics/equipment-and-technology/body-armor. In addition, if recipient uses funds under this award to purchase body
armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. 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.
Condition 37
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with
BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic
desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to
complete monitoring tasks, including documentation related to any subawards made under this award. Further, the
recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ
awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds;
referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee;
or termination of an award(s).
Condition 38
Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press
releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER>
awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of
Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of
Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART
Office. 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." The current edition of the DOJ Grants Financial Guide provides
guidance on allowable printing and publication activities.
Condition 39
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.
Condition 40
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.
Condition 41
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection
requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any
activities within this project.
Condition 42
Protection of human research subjects
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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.
Condition 43
Justification of consultant rate
Approval 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.
Condition 44
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.
Condition 45
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.
Condition 46
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.
Condition 47
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.
Condition 48
In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT)
unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and
responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with
all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable
searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and
regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.
Condition 49
Avoidance of duplication of networks
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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.
Condition 50
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds
who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank,
must complete required online (internet-based) task force training. Additionally, all future task force members must
complete this training once during the period of performance for this award, or once every four years if multiple OJP
awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and
Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including
privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight
and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task
force personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity
and Leadership (www.ctfli.org).
Condition 51
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
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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.
Condition 52
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.
Condition 53
All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG
and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and
Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent
with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA
Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must
submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https://
bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting
requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by
established deadlines may result in the freezing of grant funds and future High Risk designation.
Condition 54
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.
Condition 55
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022
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, 2022), however, the recipient may choose to incur
project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-
- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by
OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that
precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the
condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-
risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds
to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs
incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those
project costs otherwise are allowable costs under the award.
Condition 56
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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).
Condition 57
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.
Condition 58
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.
Condition 59
Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
Condition 60
Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-deprivation due
process rights that prevent any violation or infringement of the Constitution of the United States, including but not
limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and
Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State
courts and United States courts (including the Supreme Court of the United States). Such programs must include, at
the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person
hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to
confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation
and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to
a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the
full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the
substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the
Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts
(including the Supreme Court of the United States). The heightened evidentiary standards and proof under such
programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent
reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague,
speculative, and lacking a foundation; and penalties for abuse of the program.
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Condition 61
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.
Condition 62
Exceptions regarding Prohibited and Controlled Equipment under OJP awards
Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition
regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP
awards," the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs” and the
requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs” do not apply to this award.
Condition 63
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.
Condition 64
Initial period of performance; requests for extension.
The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of
performance of the award is two years. The recipient further understands that any requests for an extension of the
period of performance for an award of less than $25,000 will be approved automatically for up to a total of two
additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this
award.
Any request for an extension of the period of performance beyond a four-year award period will require approval, and
the approval (if any) will be at the discretion of the Director of BJA.
Condition 65
Withholding of funds for Required certification from the chief executive of the applicant government
The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and
Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and an
Award Condition Modification has been issued to remove this condition.
[ ] 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
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(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
Acting Assistant Attorney General
Name of Approving Official
Brent J. Cohen
Signed Date And Time
12/1/24 7:11 PM
Authorized Representative
[ ] no value
Entity Acceptance
Title of Authorized Entity Official
no value
Signed Date And Time
no value
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