HomeMy WebLinkAboutInterlocal Agreements - 2018.09.05 - 7039
September 13, 2018
Michigan Department of State
Office of the Great Seal Richard H. Austin Building, 1st Floor
430 W. Allegan Lansing, MI 48918
Dear Office of the Great Seal:
On August 22, 2018 the Board of Commissioners for Oakland County entered into an agreement per MR #18305 –
Sheriff’s Office – 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Subrecipient Agreement and Grant Application.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of
Oakland and the City of Pontiac, and the authorizing Board of Commissioners Resolution are enclosed for filing by your office. Send confirmation of receipt of this agreement to:
Mr. Joseph Rozell, Director of Elections
Oakland County Clerk/Register of Deeds County Service Center, Building #14 East 1200 N. Telegraph Rd. Pontiac, MI 48341
(Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.)
Contact our office at (248) 858-0564 if you have any questions regarding this matter.
Sincerely,
COUNTY OF OAKLAND
Joseph J. Rozell, CERA Director of Elections
Cc: Pat Davis, Corporation Counsel, Oakland County
Donna Dyer, Corporation Counsel, Oakland County Sheila Grandison, Acting City Clerk, City of Pontiac
Katie West, Grant Compliance Administrator, Fiscal Services
Enclosures
MISCELLANEOUS RESOLUTION #18305 August 22, 2018
BY: Bill Dwyer, Chairperson, Public Services Committee
IN RE: SHERIFF'S OFFICE - 2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) PROGRAM SUBRECIPIENT AGREEMENT AND GRANT APPLICATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County, with the City of Pontiac as a disparate jurisdiction, have been jointly
allocated $124,500 from the U.S. Department of Justice, Office of Justice Programs for funding under the
2018 Edward Byrne Memorial Justice Assistance (JAG) Program for the period of October 1, 2017
through September 30, 2021; and
WHEREAS a joint application for Oakland County and the City of Pontiac is required and Oakland County
will serve as fiduciary and lead agency for the entire grant award; and
WHEREAS the funding is based on a federal JAG formula and has been allocated as follows: Oakland
County $26,711 and the City of Pontiac $97,789; and
WHEREAS Oakland County is proposing to use their allocation for the following projects: Sheriff's Office
purchase of lasers $26,711; and
WHEREAS the City of Pontiac (via the Oakland County Sheriff's Office) is proposing to use their
allocation, in the amount of $97,789, for overtime hours worked under the contract for law enforcement
services between Oakland County Sheriff's Office and the City of Pontiac; and
WHEREAS there is no grant match requirement; and
WHEREAS the grant application requires the adoption of a subrecipient agreement between Oakland
County and the City of Pontiac; and
WHEREAS an agreement has been drafted (as attached) by Oakland County Corporation Counsel and
sent to the City of Pontiac for signature; and
WHEREAS State statute (MCL 45.556P) states that the Board of Commissioners has the authority to
enter into agreements with other governmental or quasi-governmental entities; and
WHEREAS the grant application and subrecipient agreement have completed the Grant Review process
in accordance with the Board of Commissioners Grant Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached subrecipient agreement with the City of Pontiac and that the Board Chairperson, on behalf of the
County of Oakland, is authorized to execute said agreement.
BE IT FURTHER RESOLVED that one original subrecipient agreement be filed with the Michigan
Department of State, Office of the Great Seal.
BE IT FURTHER RESOVED that 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.
Chairperson, on behalf of the Public Services Committee, I move adoption of the-fekegoing resolution.
Commissioner Bill Myer, District #14
Chairperson, Public Services Committee
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote with Berman absent.
I HEREBY APPROVE THE FOREGOING RESOLUTION
Re-44.4-
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GRANT REVIEW SIGN OFF — Sheriff's Office
GRANT NAME: 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program
FUNDING AGENCY: U.S. Department of Justice
DEPARTMENT CONTACT PERSON: Katie West (248 858-2384)/ Shannon Lee (248 858-0382)
STATUS: Application
DATE: August 6, 2018
Pursuant to Misc. Resolution #17194, please be advised the captioned grant materials have completed internal
grant review. Below are the returned comments.
The captioned grant materials and grant application package (which should include an application Report from
Fiscal Services to the Chairperson of the Board of Commissioners, the grant application, and this Sign Off email
containing grant review comments) may be submitted to the Chairperson of the Board of Commissioners for
review and signature, with informational copies to the appropriate Board of Commissioners' committee(s).
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (7/30/18)
Department of Human Resources:
HR Approved (No Committee) — Lori Taylor (7/30/18)
Risk Management and Safety:
Application approved by Risk Management. RE. — Robert Erlenbeck (7/30/18)
Corporation Counsel:
Approved by Corporation Counsel with the modifications in the attached interlocal/subrecipient
agreement. — Robert Rottach (8/6/18)
OMB No. 1121-0329
Approval Expires 11/3012020
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
The U.S. Department of Justice (D0J), Office of Justice Programs (OJP), Bureau of Justice
Assistance (BJA) is seeking applications for the Edward Byrne Memorial Justice Assistance
Grant (JAG) Program. This program furthers the Department's mission by assisting state, local,
and tribal efforts to prevent or reduce crime and violence.
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2018 Local Solicitation
Applications Due: August 22, 2018
Eligibility
Only units of local government may apply under this solicitation. By law, for purposes of the
JAG Program, the term "units of local government" includes a town, township, village, parish,
city, county, borough, or other general purpose political subdivision of a state; or, it may be a
federally recognized Indian tribal government that performs law enforcement functions (as
determined by the Secretary of the Interior). A unit of local government also may be any law
enforcement district or judicial enforcement district established under applicable state law with
authority to independently establish a budget and impose taxes; for example, in Louisiana, a
unit of local government means a district attorney or parish sheriff.
A JAG application is not complete, and a unit of local government may not access award funds,
unless the chief executive of the applicant unit of local government (e.g., a mayor) properly
executes, and the unit of local government submits, the "Certifications and Assurances by Chief
Executive of Applicant Government" attached to this solicitation as Appendix A.
In addition, as discussed further below, in order to validly accept a Fiscal Year (FY) 2018 JAG
award, the chief legal officer of the applicant unit of local government must properly execute,
and the unit of local government must submit, the specific certifications regarding compliance
with certain federal laws attached to this solicitation as Appendix B and Appendix C. (Note: this
requirement does not apply to Indian tribal governments.) (The text of the relevant federal laws
appears in Appendix D.)
Eligible allocations under JAG are posted annually on the JAG web page.
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An recipients and subrecipients (including any for-profit organization) must forgo any profit or
management fee.
Deadline
Applicants must register in the OJP Grants Management System (GMS) at
https://qrants.oip.usdoi.gov/ prior to submitting an application under this solicitation. All
applicants must register, even those that previously registered in GMS. Select the "Apply
Online" button associated with the solicitation title. All registrations and applications are due by
5 p.m. eastern time on August 22,2018.
For additional information, see How to Apply in Section D. Application and Submission
Information.
Contact Information
For technical assistance with submitting an application, contact the Grants Management
System Support Hotline at 888-549-9901, option 3, or via email at GMS.HelpDesk@usdoi.gov .
The GMS Support Hotline operates 24 hours a day, 7 days a week, including on federal
holidays.
An applicant that experiences unforeseen GMS technical issues beyond its control that prevent
it from submitting its application by the deadline must email the National Criminal Justice
Reference Service (NCJRS) Response Center at orantsAncirs.gov within 24 hours after the
application deadline in order to request approval to submit its application. Additional
information on reporting technical issues appears under "Experiencing Unforeseen GMS
Technical Issues" in How to Apply in Section D. Application and Submission Information.
For assistance with any other requirement of this solicitation, applicants may contact the
NCJRS Response Center by telephone at 1-800-851-3420; via TTY at 301-240-6310
(hearing impaired only); by email at prantsncirs.qov; by fax to 301-240-5830, or by web chat
at https://webcontact.ncirs.qovincichatichat.isp. The NCJRS Response Center hours of
operation are 10:00 a.m. to 6:00 p.m. eastern time, Monday through Friday, and 10:00 a.m. to
8:00 p.m. eastern time on the solicitation close date. Applicants also may contact the
appropriate BJA State Policy Advisor.
Release date: July 20,2018
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Contents
A. Program Description 5
Overview 5
Program-specific Information 5
Permissible uses of JAG Funds — In general 5
Limitations on the use of JAG funds 6
Requirements specific to "disparate" jurisdictions 10
Required compliance with applicable federal laws 10
BJA Areas of Emphasis 12
Objectives and Deliverables 13
Evidence-based Programs or Practices 13
Information Regarding Potential Evaluation of Programs and Activities 14
B. Federal Award Information 15
Type of Award 15
Financial Management and System of Internal Controls 16
Budget and Financial Information 17
Cost Sharing or Match Requirement 17
Pre-agreement Costs (also known as Pre-award Costs) 17
Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs 17
Costs Associated with Language Assistance (if applicable) 18
C. Eligibility Information 18
D. Application and Submission Information 18
What an Application Should Include 18
How to Apply 31
E. Application Review Information 34
Review Process 34
F. Federal Award Administration Information 35
Federal Award Notices 35
Statutory and Regulatory Requirements; Award Conditions 35
General Information about Post-federal Award Reporting Requirements 37
G. Federal Awarding Agency Contact(s) 38
H. Other Information 38
Freedom of information Act and Privacy Act (5 U.S.C. § 552 and 5 U.S.C. § 552a)..38
Provide Feedback to OJP 38
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Appendix A: Certifications and Assurances by the Chief Executive 40
Appendix B: Certification of Compliance with 8 U.S.C. §§ 1373 and 1644 42
Appendix C: Certification of Compliance with 8 U.S.C. §§ 1226(a) & (c), 1231(a)(4),
1324(a), 1357(a), and 1366(1) & (3) 44
Appendix D: Certain relevant federal laws, as in effect on June 7, 2018 46
Appendix E: Information regarding Communication with the Department of Homeland
Security (DHS) and/or Immigration and Customs Enforcement (ICE) 52
Appendix F: Additional Award Purposes 53
Appendix G: Application Checklist 56
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Edward Byrne Memorial Justice Assistance
(JAG)
Grant Program
FY 2018 Local Solicitation
CFDA #16.738
A. Program Description
Overview
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of
federal criminal justice funding to states and units of local government. BJA will award JAG
Program funds to eligible units of local government under this FY 2018 JAG Program Local
Solicitation. (A separate solicitation will be issued for applications to BJA directly from states.)
Statutory Authority: The JAG Program statute is Subpart I of Part E of Title I of the Omnibus
Crime Control and Safe Streets Act of 1968. Title I of Pub. L. No. 90-351 (generally codified at
34 U.S.C. 10151-10158), including subpart 1 of part E (codified at 34 U.S.C. 10151 -10158);
see also 28 U.S.C. 530C(a).
Program-specific Information
Permissible uses of JAG Funds — In general
In general, JAG funds awarded to a unit of local government under this FY 2018 solicitation may
be used to provide additional personnel, equipment, supplies, contractual support, training,
technical assistance, and information systems for criminal justice, including any one or more
of the following:
• Law enforcement programs
• Prosecution and court programs
• Prevention and education programs
• Corrections and community corrections programs
▪ Drug treatment and enforcement programs
• Planning, evaluation, and technology improvement programs
• Crime victim and witness programs (other than compensation)
• Mental health programs and related law enforcement and corrections programs,
including behavioral programs and crisis intervention teams
Additionally, JAG funds awarded to a unit of local government under this FY 2018 solicitation
may be used for any purpose indicated in Appendix F.
In connection with all of the above purposes (including those indicated in the appendix), it
should be noted that the statute defines "criminal justice" as "activities pertaining to crime
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prevention, control, or reduction, or the enforcement of the criminal law, including, but not
limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including
juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not
limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial
service or release agencies), activities of corrections, probation, or parole authorities and
related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and
programs relating to the prevention, control, or reduction of narcotic addiction and juvenile
delinquency."
Under the JAG Program, units of local government may also use award funds for broadband
deployment and adoption activities as they relate to criminal justice activities.
Limitations on the use of JAG funds
Prohibited uses of funds — JAG funds may not be used (whether directly or indirectly) for any
purpose prohibited by federal statute or regulation, including those purposes specifically
prohibited by the JAG Program statute as set out at 34 U.S.C. § 10152.
JAG funds may not be used (directly or indirectly) for security enhancements or equipment for
nongovernmental entities not engaged in criminal justice or public safety. Additionally, JAG
funds may not be used (directly or indirectly) to pay for any of the following items unless
the BJA Director certifies that extraordinary and exigent circumstances exist, making
them essential to the maintenance of public safety and good order:
• Vehicles, vessels, or aircraft*
• Luxury items
• Real estate
• Construction projects (other than penal or correctional institutions)
• Any similar items
*Police cruisers, police boats, and police helicopters are allowable vehicles under JAG
and do not require BJA certification.
For information related to requesting a waiver to obtain BJA certification for a listed prohibited
item, or for examples of allowable vehicles that do not require BJA certification, refer to the JAG
FAQs.
Cap on use of JAG award funds for administrative costs — Up to 10 percent of a JAG award,
including up to 10 percent of any earned interest, may be used for costs associated with
administering the award.
Prohibition of supplanting; no use of JAG funds as match — JAG funds may not be used to
supplant state or local funds but must be used to increase the amounts of such funds that
would, in the absence of federal funds, be made available for law enforcement activities. See
the JAG FAQs for examples of supplanting.
Although supplanting is prohibited, as discussed under What An Application Should include, the
leveraging of federal funding is encouraged.
Absent specific federal statutory authority to do so, JAG award funds may not be used as a
match for the purposes of other federal awards.
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Other restrictions on use of funds — If a unit of local government chooses to use its FY 2018
JAG funds for particular, defined types of expenditures, it must satisfy certain preconditions:
• Body-Worn Cameras (BWC)
A unit of local government that proposes to use FY 2018 JAG award funds to purchase
BWC equipment, or to implement or enhance BWC programs, must provide OJP with a
certification(s) that each unit of local government law enforcement agency receiving the
equipment or implementing the program has policies and procedures in place related to
BWC equipment usage, data storage and access, privacy considerations, and training.
The certification form related to BWC policies and procedures can be found at:
httos://vvww.bia.00v/Fundinq/BodyWornCameraCert.pdf.
A unit of local government that proposes to use JAG funds for BWC-related expenses
will have funds withheld until the required certification is submitted and approved by
OJP. If the unit of local government proposes to change project activities to utilize JAG
funds for BWC-related expenses after the award is accepted, the unit of local
government must submit the signed certification to OJP at that time.
Further, before making any subaward for BWC-related expenses, the unit of local
government JAG recipient must collect a completed BWC certification from the proposed
subrecipient. Any such certifications must be maintained by the unit of local government
JAG recipient, and made available to OJP upon request.
The BJA BWC Toolkit provides model BWC policies and best practices to assist
departments in implementing BWC programs.
Apart from the JAG Program, BJA provides funds under the Body-Worn Camera Policy
and Implementation Program (BWC Program). The BWC Program allows jurisdictions to
develop and implement policies and practices required for effective program adoption
and address program factors, including the purchase, deployment, and maintenance of
camera systems and equipment; data storage and access; and privacy considerations.
Interested units of local government may wish to refer to the BWC web page for more
information. Units of local government should note, however, that JAG funds may not be
used as any part of the 50 percent match required by the BWC Program.
• Body Armor
Body armor purchased with FY 2018 JAG funds may be purchased at any threat level
designation, make, or model from any distributor or manufacturer, as long as the body
armor has been tested and found to comply with the latest applicable National Institute
of Justice (NU) ballistic or stab standards. Further, body armor purchased with FY 2018
JAG funds must be made in the United States, and must be "uniquely fitted." See 34
U.S.C. § 10202(c)(1)(A). For a definition of "uniquely fitted" and more information about
requirements associated with body armor purchases, see the JAG FAQ&
A unit of local government that proposes to use FY 2018 JAG award funds to purchase
body armor must provide OJP with a certification(s) that each unit of local government
law enforcement agency receiving body armor has a written "mandatory wear" policy in
effect. See 34 U.S.C. § 10202(c). The certification form related to mandatory wear can
be found at: www.bja.qov/Fundind/BodyArrnorMandatoryWearCert.pdf.
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A unit of local government that proposes to use JAG funds to purchase body armor will
have funds withheld until the required certification is submitted and approved by OJP. If
the unit of local government proposes to change project activities to utilize JAG funds to
purchase body armor after the award is accepted, the unit of local government must
submit the signed certification to OJP at that time.
Further, before making any subaward for the purchase of body armor, the unit of local
government JAG recipient must collect a completed mandatory wear certification from
the proposed subrecipient. Any such certifications must be maintained by the unit of
local government JAG recipient, and made available to OJP upon request.
A mandatory wear concept and issues paper and a model policy are available at the
BVP Customer Support Center, at vests@usdoj.gov or toll free at 1-877-758-3787.
Additional information and FAQs related to the mandatory wear policy and certifications
can be found at https://www.bia.00v/Fundind/JAGFAQ.pdf.
Apart from the JAG program, BJA provides funds under the Bulletproof Vest Partnership
(BVP) Program. The BVP Program is designed to provide a critical resource to state and
local law enforcement agencies for the purchase of ballistic-resistant and stab-resistant
body armor. For more information on the BVP Program, including eligibility and
application, refer to the BVP web page. Units of local government should note, however,
that JAG funds may not be used as any part of the 50 percent match required by the
BVP Program. It is also important to note that eligibility for the BVP Program is impacted
by a local jurisdiction's use of funds under a local JAG award to purchase body armor.
For additional information on the BVP Program, and eligibility restrictions related to
receipt of JAG funding, review the BVP FAQs.
Interoperable Communications
Units of local government (and subrecipients) that use FY 2018 JAG funds to support
emergency communications activities (including the purchase of interoperable
communications equipment and technologies such as voice-over-internet protocol
bridging or gateway devices, or equipment to support the build out of wireless
broadband networks in the 700 MHz public safety band under the Federal
Communications Commission Waiver Order) should review FY 2018 SAFECOM
Guidance. The SAFECOM Guidance is updated annually to provide current information
on emergency communications policies, eligible costs, best practices, and technical
standards for state, local, tribal, and territorial grantees investing federal funds in
emergency communications projects. Additionally, emergency communications projects
funded with FY 2018 JAG funds should support the Statewide Communication
Interoperability Plan (SCIP) and be coordinated with the fulltime Statewide
Interoperability Coordinator (SWIG) in the state of the project. As the central
coordination point for their state's interoperability effort, the SWIC plays a critical role,
and can serve as a valuable resource. SWICs are responsible for the implementation of
SCIP through coordination and collaboration with the emergency response community.
The U.S. Department of Homeland Security Office of Emergency Communications
maintains a list of SWICs for each of the states and territories. Contact
OEC@ho.dhs.00v. All communications equipment purchased with FY 2018 JAG
Program funding should be identified during quarterly performance metrics reporting.
Further, information sharing projects funded with FY 2018 JAG funds must comply with
DOJ's Global Justice Information Sharing Initiative guidelines, as applicable, in order to
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promote information sharing and enable interoperabiiity among disparate systems
across the justice and public safety community. Recipients (and subrecipients) must
conform to the Global Standards Package (GSP) and all constituent elements, where
applicable, as described at: https://www.it.olp.govfosp qrantcondition. Recipients (and
subrecipients) will be required to document planned approaches to information sharing
and describe compliance to the GSP and an appropriate privacy policy that protects
shared information, or provide detailed justification for why an alternative approach is
recommended.
For JAG applicants considering implementing communications technology projects, it is
worthwhile to consider the First Responder Network Authority (FirstNet) program. The
Middle Class Tax Relief and Job Creation Act of 2012 (47 US.C. §§ 1401 et seq.)
established FirstNet as an independent authority within the National
Telecommunications and Information Administration. FirstNet's statutory mission is to
take all actions necessary to ensure the establishment of a nationwide public safety
broadband network (NPSBN). The NPSBN will use the 700 MHz D block spectrum to
provide Long-Term Evolution (LTE)-based broadband services and applications to public
safety entities. The network is based on a single, national network architecture that will
evolve with technological advances and initially consist of a core network and radio
access network. While mission critical voice communications will continue to occur on
land mobile radio, in time, FirstNet is expected to provide the public safety entities with
mission critical broadband data capabilities and services including, but not limited to:
messaging; image sharing; video streaming; group text; voice; data storage;
applications; location-based services; and quality of service, priority, and
preemption. This reliable, highly secure, interoperable, and innovative public safety
communications platform will bring 21st century tools to public safety agencies and first
responders, allowing them to get more information quickly and helping them to make
faster and better decisions. For more information on FirstNet services, the unique value
of the FirstNet network to public safety, and how to subscribe for the FirstNet service
once your state or territory opts in, visit www.FirstNet.qov. To learn about FirstNet's
programs and activities, including its consultation and outreach with public safety, the
state plan's process, FirstNet's history and promise, and how it plans to ensure the
FirstNet network meets the needs of public safety—every day and in every emergency—
visit www.FirstNet.00v or contact infofirstnet.gov.
• DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database
If JAG Program funds will be used for DNA testing of evidentiary materials, any resulting
eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS,
the national DNA database operated by the FBI) by a government DNA lab with access
to CODIS. No profiles generated with JAG funding may be entered into any other non-
governmental DNA database without prior express written approval from BJA.
In addition, funds may not be used for purchase of DNA equipment and supplies when
the resulting DNA profiles from such technology are not acceptable for entry into COD IS.
• Entry of Records into State Repositories
As appropriate and to the extent consistent with law, a condition may be imposed that
would require the following: With respect to any "program or activity" that receives
federal financial assistance under this solicitation that is likely to generate or upgrade
court dispositions or other records that are relevant to National Instant Background
Check System (NICS) determinations, a system must be in place to ensure that all such
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NICS-relevant dispositions or records that are generated or upgraded are made
available in timely fashion to state repositories/databases that are accessed by NICS.
Requirements specific to "disparate" jurisdictions
According to the JAG program statute, a "disparity" may exist between the funding eligibility of a
county and its associated municipalities. See 34 U.S.C. § 10156(d)(4). Three different types of
disparities may exist:
• The first type is a zero-county disparity. This situation exists when one or more
municipalities within a county are eligible for a direct award but the county is not; yet the
county is responsible for providing criminal justice services (such as prosecution and
incarceration) for the municipality. In this case, the county is entitled to part of the
municipality's award because it shares the cost of criminal justice operations, although it
may not report crime data to the FBI. This is the most common type of disparity.
• A second type of disparity exists when both a county and a municipality within that
county qualify for a direct award, but the award amount for the municipality exceeds 150
percent of the county's award amount.
• The third type of disparity occurs when a county and multiple municipalities within that
county are all eligible for direct awards, but the sum of the awards for the individual
municipalities exceeds 400 percent of the county's award amount.
Jurisdictions identified by BJA as disparate must identify a fiscal agent that will submit a joint
application for the aggregate eligible allocation to all disparate municipalities. The joint
application must determine and specify the award distribution to each unit of local government
and the purposes for which the funds will be used. A memorandum of understanding (MOU)
that identifies which jurisdiction will serve as the applicant or fiscal agent for joint funds must be
completed and signed by the authorized representative for each participating jurisdiction. The
signed MOU should be attached to the application. For a sample MOU, go to:
wvvw.bia.cov/Fundine/JAGMOU.pdf.
Once an award is made, the fiscal agent will be responsible for distributing award funds to the
other jurisdictions in the disparate group through subawards that include all appropriate award
conditions. Unless specified differently, any reference in this solicitation to "applicant" or
"recipient" includes each fiscal agent applying on behalf of a disparate group. Further,
"subrecipients" includes those disparate jurisdictions that receive award funding from the fiscal
agent, rather than directly from OJP.
Required compliance with applicable federal laws
By law, the chief executive (e.g., the mayor) of each unit of local government that applies for an
FY 2018 JAG award must certify that the unit of local government will "comply with all provisions
of [the JAG Program statute] and all other applicable Federal laws." To satisfy this requirement,
each unit of local government applicant must submit three properly executed certifications using
the forms shown in Appendices A, B, and C.
All applicants should understand that OJP awards, including certifications provided in
connection with such awards, are subject to review by DOJ, including by OJP and by the DOJ
Office of the Inspector General. Applicants also should understand that a materially false,
fictitious, or fraudulent statement (or concealment or omission of a material fact) in a
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certification submitted to OJP in support of an application may be the subject of criminal
prosecution, and also may result in civil penalties and administrative remedies for false claims
or otherwise. Administrative remedies that may be available to OJP with respect to an FY 2018
award include suspension or termination of the award, placement on the DOJ high risk grantee
list, disallowance of costs, and suspension or debarment of the recipient.
National Incident-Based Reporting System (NIBRS) 3 percent set-aside
In FY 2016, the Federal Bureau of Investigation (FBI) formally announced its intention to sunset
the Uniform Crime Reporting (UCR) Program's traditional Summary Reporting System (SRS)
and replace it with the UCR Program's National Incident-Based Reporting System (NIBRS). By
January 1, 2021, the FBI intends for NIBRS to be the law enforcement crime data reporting
standard for the nation.
By statute, JAG Program awards are calculated using summary Part 1 violent crime data from
the FBI's UCR Program. See 34 U.S.C. § 10156. Once SRS has been replaced by NIBRS, JAG
award amounts will be calculated using NIBRS data. In preparation for the FBI's 2021 NIBRS
compliance deadline, beginning in FY 2018, BJA is requiring, through the application of a
special condition, that direct JAG award recipients not certified by their state (or, as applicable,
the FBI) as NIBRS compliant to dedicate 3 percent of their JAG award toward achieving full
compliance with the FBI's NIBRS data submission requirements under the UCR Program. The 3
percent requirement will assist state and local jurisdictions in working toward compliance to
ensure they continue to have critical criminal justice funding available through JAG when SRS is
replaced by N1BRS in FY 2021.
The requirement for a N1BRS set-aside will be applicable to all jurisdictions in a disparate group,
but will not otherwise be applied to subawards. That is, the unit of local government serving as
fiscal agent for a disparate group will be required by special condition to require each of the
other jurisdictions in the disparate group to set aside 3 percent of FY 2018 JAG funds received
by that jurisdiction to be used for NIBRS compliance activities, unless that jurisdiction receives a
waiver from the BJA Director, as described below. Units of local government must clearly
indicate in their application narratives and budgets what projects will be supported with this 3
percent set-aside.
The following are examples of costs and projects that relate to NIBRS implementation at the
state or local level that could be funded under the JAG Program: software, hardware, and labor
that directly support or enhance a state or agency's technical capacity for collecting, processing,
and analyzing data reported by local law enforcement (LE) agencies and then submitting NIBRS
data to the FBI; training personnel responsible for the state's Incident Based Reporting (IBR)
program on receiving, processing, analyzing, and validating incident-based data from local LE
agencies in their state; training local agencies in how to collect and submit NIBRS data; and
technical assistance for LE agency personnel responsible for (1) managing the agency's crime
incident data, (2) processing and validating the data, and (3) extracting and submitting 1BR data
to the state UCR Program, according to the states, and/or directly to the FBI, according to the
NIBRS standard.
Units of local government that have been certified as N1BRS compliant by their state, or directly
by the FBI, may submit a waiver to the BJA Director requesting an exemption from the 3
percent set-aside requirement. The waiver request from an appropriate local official must clearly
state that the unit of local government has been certified as NIBRS compliant by their state, or
directly by the FBI, and should be submitted with the application, or, as appropriate, through
request for a Grant Adjustment Notice after an award is made. In any instance in which a waiver
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request is submitted, the unit of local government must retain documentation on file that
demonstrates the state or FBI certification of NIBRS-compliance. Such documentation must be
made available for BJA review, upon request. The BJA Director will review all requests for
waivers. If approved, states will not be subject to the 3 percent set-aside requirement.
Note: U.S. Territories and tribal jurisdictions will not be subject to the 3 percent set-aside for
NIBRS-compliance until FY 2019. Tribal jurisdictions and the five U.S. territories are strongly
encouraged to dedicate a portion of JAG funding to NIBRS conversion; however, this is not a
requirement for FY 2018 JAG funding. Utilizing this phased-in approach will allow the territories
and tribal jurisdictions to plan for the change in funding direction and provide BJA with time to
coordinate or provide any necessary technical assistance surrounding this topic.
BJA Areas of Emphasis
BJA recognizes that many state and local criminal justice systems currently face challenging
fiscal environments, and that an important, cost-effective way to relieve those pressures is to
share or leverage resources through cooperation between federal, state, and local law
enforcement. BJA intends to focus much of its work on the areas of emphasis described below,
and encourages each recipient of an FY 2018 JAG award to join federal law enforcement
agencies in addressing these challenges.
Reducing Violent Crime – Recognizing that crime problems, including felonious possession and
use of a firearm and/or gang violence, illegal drug sales and distribution, human trafficking, and
other related violent crime, vary from community to community, BJA encourages states to tailor
their programs to the local crime issues, and to be data-informed in their work. States should
consider investing JAG funds in programs to combat gun violence, and to improve the process
for ensuring that persons prohibited from purchasing guns (see, e.g., 18 U.S.C. § 922(g)) are
prevented from doing so, by utilizing technology such as eTrade and NIBIN to analyze evidence
as well as by enhancing complete, accurate, and timely reporting to the FBI's NICS. States are
also encouraged to coordinate with United States Attorneys Offices and Project Safe
Neighborhood (PSN) grantees in order to leverage funding for violence reduction projects, and
to coordinate their law enforcement activities with those of federal law enforcement agencies,
such as the FBI, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug
Enforcement Administration, and the Department of Homeland Security.
Officer Safety and Wellness – The issue of law enforcement safety and wellness is an important
priority for BJA and DOJ. According to the Preliminary 2017 Law Enforcement Officer Fatalities
Report, released by the National Law Enforcement Officers Memorial Fund (NLEOMF), as of
December 28, 2017, there were 128 law enforcement line-of-duty deaths nationwide in 2017.
Firearms-related deaths were the second leading cause of law enforcement deaths (44) in
2017, according to the NLEOMF report. Of those deaths, the leading circumstance was officers
shot while responding to a domestic disturbance (7), followed by traffic enforcement,
investigative activities, and dealing with a suspicious person or vehicle-6 instances in each
circumstance. Additionally, deaths due to circumstances other than firearms- or traffic-related
deaths increased by 61 percent in 2017, with 37 deaths compared to 23 in 2016. Sixteen of
those deaths were due to job-related illnesses, including 10 due to heart attacks.
Based on the latest reports (2016 and 2015) from the FBI's Law Enforcement Officers Killed
and Assaulted (LEOKA) data, there appeared to be a continuing increase in assaults between
2015 and 2016. There were 57,180 assaults in 2016 versus 50,212 in 2015. Of those, 16,535
resulted in officer injuries in 2016 compared to 14,281 in 2015. The 2016 LEOKA reports that
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there were 17 officers killed in ambush situations, which is an increase from 2016 when 4
officers were killed in ambush situations.
BJA sees a vital need to focus not only on tactical officer safety concerns, but also on health
and wellness as they affect officer performance and safety. It is important for law enforcement
to have the tactical skills necessary, and also be physically and mentally well, to perform,
survive, and be resilient in the face of the demanding duties of the profession. EWA encourages
states to use JAG funds to address these needs by providing training, and paying for tuition and
travel expenses related to attending trainings such as those available through the BJA VALOR
Initiative, as well as funding for health and wellness programs for law enforcement officers.
Border Security — Securing U.S. borders (and internationally accessible waterways
and -airports) is critically important to the reduction and prevention of transnational drug-
trafficking networks and combating all forms of human trafficking within the United States
(including sex and labor trafficking of foreign nationals and U.S. citizens of all sexes and ages).
Smuggling and trafficking operations to, from and within the United States contribute to a
significant increase in violent crime and U.S. deaths. BJA encourages units of local government
to enhance border, waterway, and port security by using JAG funds to support law enforcement
hiring, training, and technology enhancement, as well as cooperation and coordination among
federal, state, local, and tribal law enforcement agencies.
Collaborative Prosecution and Law Enforcement — BJA supports strong partnerships
between prosecutors and law enforcement, at all levels of government, in order to help take
violent offenders off the street. BJA strongly encourages state and local law enforcement
agencies to foster strong partnerships with federal law enforcement agencies, and with their
own prosecutors, as well as federal prosecutors, to adopt new, cost-effective, collaborative
strategies to reduce crime, particularly violent crime. (BJA's Innovative Prosecution Solutions
Initiative is a related effort to promote partnerships between prosecutors and researchers to
develop and deliver effective, data-driven, evidence-based strategies to solve chronic problems
and fight crime.)
Objectives and Deliverables
In general, the FY 2018 JAG Program is designed to provide additional personnel, equipment,
supplies, contractual support, training, technical assistance, and information systems for
criminal justice. Although the JAG Program provides assistance directly to states, through pass-
through (and similar) requirements, the JAG Program also is designed to assist units of local
government with respect to criminal justice.
As discussed in more detail in the General Information about Post-federal Award Reporting
Requirements discussion, a state that receives an FY 2018 JAG award will be required to
produce various types of reports and to submit data related to performance measures and
accountability. The objectives and deliverables are directly related to the JAG Program
accountability measures at https://bjapmt.oje.gov/help/jagdocs.html.
Evidence-based Programs or Practices
OJP strongly emphasizes the use of data and evidence in policy making and program
development in criminal justice, juvenile justice, and crime victim services. OJP is committed to:
• Improving the quantity and quality of evidence OJP generates.
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• Integrating evidence into program, practice, and policy decisions within OJP and
the field.
• Improving the translation of evidence into practice.
OJP considers programs and practices to be evidence-based when their effectiveness has been
demonstrated by causal evidence, generally obtained through one or more outcome
evaluations. Causal evidence documents a relationship between an activity or intervention
(including technology) and its intended outcome, including measuring the direction and size of a
change, and the extent to which a change may be attributed to the activity or
intervention. Causal evidence depends on the use of scientific methods to rule out, to the extent
possible, alternative explanations for the documented change. The strength of causal evidence,
based on the factors described above, will influence the degree to which OJP considers a
program or practice to be evidence-based. The OJP CrimeSolutions.gov website at
https://www.crimesolutions.gov/ is one resource that applicants may use to find information
about evidence-based programs in criminal justice, juvenile justice, and crime victim services.
A useful matrix of evidence-based policing programs and strategies is available through BJA's
Matrix Demonstration Project. BJA offers a number of program models designed to effectively
implement promising and evidence-based strategies through the BJA "Innovation Suite" of
programs including Innovations in Policing, Prosecution, Supervision, Reentry, and others (see
httbs://www.bja.gov/Programs/CRPPE/innovationssuite.html). BJA encourages states to use
JAG funds to support these "crime innovation" strategies, including effective partnerships with
universities and research partners and with non-traditional criminal justice partners.
Information Regarding Potential Evaluation of Programs and Activities
The Department of Justice has prioritized the use of evidence-based programming and deems it
critical to continue to build and expand the evidence informing criminal and juvenile justice
programs and crime victim services to reach the highest level of rigor possible. Therefore,
applicants should note that OJP may conduct or support an evaluation of the programs and
activities funded under this solicitation. Recipients and subrecipients will be expected to
cooperate with program-related assessments or evaluation efforts, including through the
collection and provision of information or data requested by OJP (or its designee) for the
assessment or evaluation of any activities and/or outcomes of those activities funded under this
solicitation. The information or data requested may be in addition to any other financial or
performance data already required under this program.
BJA Success Stories
The BJA-sponsored Success Stories web page features projects that have demonstrated
success or shown promise in reducing crime and positively impacting communities. This web
page is a valuable resource for states, localities, territories, tribes, and criminal justice
professionals who seek to identify and learn about JAG and other successful BJA-funded
projects linked to innovation, crime reduction, and evidence-based practices. BJA strongly
encourages the recipient to submit success stories annually (or more frequently).
If a state has a success story it would like to submit, it may be submitted through My BJA
account, using "add a Success Story" and the Success Story Submission form. Register for a My
BJA account using this registration link.
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B. Federal Award Information
BJA estimates that it will make up to 1,147 local awards totaling an estimated $84,500,000.
Awards of at least $25,000 are 4 years in length, and performance periods will be from October
1, 2017 through September 30, 2021. Extensions beyond this period may be made on a case-
by-case basis at the discretion of BJA and must be requested via GMS no fewer than 30 days
prior to the grant end date.
Awards of less than $25,000 are 2 years in length, and performance periods will be from
October 1, 2017 through September 30, 2019. Extensions of up to 2 years can be requested for
these awards via GMS no fewer than 30 days prior to the grant end date, and will be
automatically granted upon request.
All awards are subject to the availability of appropriated funds and to any modifications or
additional requirements that may be imposed by statute.
Type of Award
BJA expects that any award under this solicitation will be in the form of a grant. See Statutory
and Regulatory Requirements; Award Conditions, under Section F. Federal Award
Administration Information, for a brief discussion of important statutes, regulations, and award
conditions that apply to many (or in some cases, all) OJP grants
JAG awards are based on a statutory formula as described below:
Once each fiscal year's overall JAG Program funding level is determined, BJA works with the
Bureau of Justice Statistics (BJS) to begin a four-step grant award calculation process, which, in
general, consists of:
(1) Computing an initial JAG allocation for each state, based on its share of violent crime
and population (weighted equally).
(2) Reviewing the initial JAG allocation amount to determine if the state allocation is less
than the minimum award amount defined in the JAG legislation (0.25 percent of the
total). If this is the case, the state is funded at the minimum level, and the funds required
for this are deducted from the overall pool of JAG funds. Each of the remaining states
receives the minimum award plus an additional amount based on its share of violent
crime and population.
(3) Dividing each state's final award amount (except for the territories and District of
Columbia) between the state and its units of local governments at a rate of 60 and 40
percent, respectively.
(4) Determining unit of local government award allocations, which are based on their
proportion of the state's 3-year violent crime average. If the "eligible award amount" for a
particular unit of local government, as determined on this basis, is $10,000 or more, then
the unit of local government is eligible to apply directly to OJP (under the JAG Local
solicitation) for a JAG award. If the "eligible award amount" to a particular unit of local
government, as determined on this basis, is less than $10,000, however, the funds are
not made available for a direct award to that particular unit of local government, but
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instead are added to the amount that otherwise would have been awarded to the state.
(Additional requirements related to "disparate" jurisdictions are summarized above).
Financial Management and System of Internal Controls
Award recipients and subrecipients (including recipients or subrecipients that are pass-through
entities') must, as described in the Part 200 Uniform Requirements 2 as set out at 2 C.F.R.
200.303:
(a) Establish and maintain effective internal control over the Federal award that
provides reasonable assurance that [the recipient (and any subrecipient)] is
managing the Federal award in compliance with Federal statutes, regulations,
and the terms and conditions of the Federal award. These internal controls
should be in compliance with guidance in "Standards for Internal Control in the
Federal Government" issued by the Comptroller General of the United States
and the "Internal Control Integrated Framework", issued by the Committee of
Sponsoring Organizations of the Treadway Commission (COSO).
(b) Comply with Federal statutes, regulations, and the terms and conditions of the
Federal awards.
(c) Evaluate and monitor [the recipient's (and any subrecipient's)] compliance with
statutes, regulations, and the terms and conditions of Federal awards.
(d) Take prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings.
(e) Take reasonable measures to safeguard protected personally identifiable
information and other information the Federal awarding agency or pass-through
entity designates as sensitive or [the recipient (or any subrecipient)] considers
sensitive consistent with applicable Federal, State, local, and tribal laws
regarding privacy and obligations of confidentiality.
To help ensure that applicants understand the administrative requirements and cost principles,
OJP encourages prospective applicants to enroll, at no charge, in the DOJ Grants Financial
Management Online Training, available at https://ojpfgm.webfirst.com/. (This training is required
for all OJP award recipients.)
Also, applicants should be aware that OJP collects information from applicants on their financial
management and systems of internal controls (among other information) which is used to make
award decisions. Under Section D. Application and Submission information, applicants may
access and review the OJP Financial Management and System of Internal Controls
Questionnaire (https://olosiov/funding/Applv/Resources/FinancialCapability.pdf) that OJP
requires all applicants (other than an individual applying in his/her personal capacity) to
download, complete, and submit as part of the application.
1 For purposes of this solicitation, the phrase "pass-through entity" includes any recipient or subrecipient that provides
a subaward ("subgrant") to carry out part of the funded award or program.
2 The "Part 200 Uniform Requirements" refers to the DOJ regulation at 2 C.F.R Part 2800, which adopts (with certain
modifications) the provisions of 2 C.F.R. Part 200.
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Budget and Financial Information
Trust Fund – Units of local government may draw down JAG funds either in advance or on a
reimbursement basis. Non-federal entities must maintain advance payments of federal awards
in interest-bearing accounts, unless regulatory exclusions apply (2 CFR 200.305(b)(8)).
Subrecipients that draw down JAG funds in advance are subject to the same requirement and
must first establish an interest-bearing account.
Tracking and reporting regarding JAG funds used for administrative costs –As indicated earlier,
up to 10 percent of a JAG award, including up to 10 percent of any earned interest, may be
used for costs associated with administering the award. Administrative costs (when utilized)
must be tracked separately; a recipient must report in separate financial status reports (SF-425)
those expenditures that specifically relate to each particular JAG award during any particular
reporting period.
No commingling – Both the unit of local government recipient and all subrecipients of JAG funds
are prohibited from commingling funds on a program-by-program or project-by-project basis.
For this purpose, use of the administrative JAG funds to perform work across all active
awards in any one year is not considered commingling.
Cost Sharing or Match Requirement
The JAG Program does not require a match. However, if a successful application proposes a
voluntary match amount, and OJP approves the budget, the total match amount incorporated
into the approved budget becomes mandatory and subject to audit.
For additional cost sharing and match information, see the DOJ Grants Financial Guide at
https://oiliwv/financialquide/D0J/index.htm.
Pre-agreement Costs (also known as Pre-award Costs)
Pre-agreement costs are costs incurred by the applicant prior to the start date of the period of
performance of the grant award.
OJP does not typically approve pre-agreement costs. An applicant must request and obtain the
prior written approval of OJP for any such costs. All such costs incurred prior to award and prior
to approval of the costs are incurred at the sole risk of the applicant. (Generally, no applicant
should incur project costs before submitting an application requesting federal funding for those
costs.)
Should there be extenuating circumstances that make it appropriate for OJP to consider
approving pre-agreement costs, the applicant may contact the point of contact listed on the title
page of this solicitation for the requirements concerning written requests for approval. If
approved in advance by OJP, award funds may be used for pre-agreement costs, consistent
with the recipient's approved budget and applicable cost principles. See the section on Costs
Requiring Prior Approval in the DOJ Grants Financial Guide at
https://olp.gov/financialguide/DOJ/index.htm for more information.
Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs
OJP strongly encourages every applicant that proposes to use award funds for any conference-,
meeting-, or training-related activity (or similar event) to review carefully—before submitting an
application—the OJP and DOJ policy and guidance on approval, planning, and reporting of such
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events, available at:
httos://www.ojp.qov/financialquide/DOSPostawardRequirementsichapter3.10a.htm. OJP policy
and guidance (1) encourage minimization of conference, meeting, and training costs; (2) require
prior written approval (which may affect project timelines) of most conference, meeting, and
training costs for cooperative agreement recipients, as well as some conference, meeting, and
training costs for grant recipients; and (3) set cost limits, which include a general prohibition of
all food and beverage costs.
Costs Associated with Language Assistance (if applicable)
If an applicant proposes a program or activity that would deliver services or benefits to
individuals, the costs of taking reasonable steps to provide meaningful access to those services
or benefits for individuals with limited English proficiency may be allowable. Reasonable steps
to provide meaningful access to services or benefits may include interpretation or translation
services, where appropriate.
For additional information, see the "Civil Rights Compliance" section under "Overview of Legal
Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2018
Awards" in the OJP Funding Resource Center at htips://ojp.gov/funding/index.htm.
C. Eligibility Information
For information on eligibility, see the title page.
Note that, as discussed in more detail below, the certifications regarding compliance with certain
federal laws. (See Appendices B and C) must be executed and submitted before a unit of local
government (other than an Indian tribal government) can make a valid award acceptance. Also,
a unit of local government may not access award funds (and its award will include a condition
that withholds funds) until it submits a properly executed "Certifications and Assurances by
Chief Executive of Applicant Government." (See Appendix A).
D. Application and Submission Information
What an Application Should Include
This section describes in detail what an application should include. An applicant should
anticipate that if it fails to submit an application that contains all of the specified elements, it may
negatively affect the review of its application; and, should a decision be made to make an
award, it may result in the inclusion of award conditions that preclude the recipient from
accessing or using award funds until the recipient satisfies the conditions and OJP makes the
funds available.
NOTE: OJP has combined the Budget Detail Worksheet and Budget Narrative in a single
document collectively referred to as the Budget Detail Worksheet. See "Budget Information and
Associated Documentation" below for more information about the Budget Detail Worksheet and
where it can be accessed.
OJP strongly recommends that applicants use appropriately descriptive file names (e.g.,
"Program Narrative," "Budget Detail Worksheet," "Timelines," "Memoranda of Understanding,"
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"Résumés") for all attachments. Also, OJP recommends that applicants include résumés in a
single file.
Please review the "Note on File Names and File Types" under How to Apply to be sure
applications are submitted in permitted formats.
In general, if a unit of local government fails to submit required information or
documents, 0,11) either will return the unit of local government's application in the Grants
Management System (GMS) for submission of the missing information or documents, or
will attach a condition to the award that will withhold award funds until the necessary
information and documents are submitted. (As discussed elsewhere in this solicitation,
the certification regarding compliance with certain federal laws—which are set out at
Appendix B and Appendix C—will be handled differently. Unless and until those
certifications are submitted, the unit of local government (other than an Indian tribal
government) will be unable to make a valid acceptance of the award.)
1. Information to Complete the Application for Federal Assistance (SF-424)
The SF-424 is a required standard form used as a cover sheet for submission of pre-
applications, applications, and related information. GMS takes information from the
applicant's profile to populate the fields on this form.
To avoid processing delays, an applicant must include an accurate legal name on its SF-
424. Current OJP award recipients, when completing the field for "Legal Name," should use
the same legal name that appears on the prior year award document, which is also the legal
name stored in OJP's financial system. On the SF-424, enter the Legal Name in box 5 and
Employer Identification Number (EIN) in box 6 exactly as it appears on the prior year award
document. An applicant with a current, active award(s) must ensure that its GMS profile is
current. If the profile is not current, the applicant should submit a Grant Adjustment Notice
updating the information on its GMS profile prior to applying under this solicitation.
A new applicant entity should enter its official legal name, its address, its EIN, and its Data
Universal Numbering System (DUNS). A new applicant entity should attach official legal
documents to its application (e.g., articles of incorporation, 501(c)(3) status documentation,
organizational letterhead) to confirm the legal name, address, and EIN entered into the SF-
424. OJP will use the System for Award Management (SAM) to confirm the legal name and
DUNS number entered in the SF-424; therefore, an applicant should ensure that the
information entered in the SF-424 matches its current registration in SAM. See the How to
Apply section for more information on SAM and DUNS numbers.
Intergovernmental Review:
This solicitation ("funding opportunity") is subject to Executive Order 12372. An applicant
may find the names and addresses of State Single Points of Contact (SPOCs) at the
following website: httos://wvvw.whitehouse.gov/wp-
content/uploads/2017/11/Interoovernmental -Review- SPOC 01 2018 OFFM.pdf. If the
state appears on the SPOC list, the applicant must contact the state SPOC to find out about,
and comply with, the state's process under E.O. 12372. In completing the SF-424, an
applicant whose state appears on the SPOC list is to make the appropriate selection in
response to question 16 once the applicant has complied with its State E.O. 12372 process.
(An applicant whose state does not appear on the SPOC list should answer question 16 by
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selecting the response that the "Program is subject to E.O. 12372 but has not been selected
by the State for review.")
2. Project Identifiers
Applications should identify at least three and no more than ten project identifiers that would
be associated with proposed project activities. The list of identifiers can be found at
www.bja,qov/fundinq/JAGIdentifiers.pdf.
3. Program Narrative
The following sections should be included as part of the program narrative 3 :
a. Description of the Issues — Identify the unit of local government's strategy/funding
priorities for the FY 2018 JAG funds, the subgrant award process and timeline, and a
description of the programs to be funded over the grant period. Units of local
government are strongly encouraged to prioritize the funding on evidence-based
projects.
b. Project Design and Implementation — Describe the unit of local government's strategic
planning process, if any, that guides its priorities and funding strategy. This should
include a description of how the local community is engaged in the planning process and
the data and analysis utilized to support the plan; it should identify the stakeholders
currently participating in the strategic planning process, the gaps in the needed
resources for criminal justice purposes, and how JAG funds will be coordinated with
state and related justice funds.
c. Capabilities and Competencies — Describe any additional strategic planning/coordination
efforts in which the units of local government participates with other criminal justice
criminal/juvenile justice agencies in the state.
d. Plan for Collecting the Data Required for this Solicitation's Performance Measures —
OJP will require each successful applicant to submit specific performance measures that
demonstrate the results of the work carried out under the award (see "General
Information about Post-Federal Award Reporting Requirements" in Section F. Federal
Award Administration Information). The performance measures data directly relate to the
objectives and deliverables identified under Objectives and Deliverables in Section A.
Program Description.
Applicants should visit °JP's performance measurement page at
www.oip.gov/performance for an overview of performance measurement activities at
OJP.
Post award, recipients will be required to submit quarterly performance metrics through
BJA's Performance Measurement Tool (PMT), located at: https://biapmt.ojp.gov . The
application should describe the applicant's plan for collection of all of the performance
measures data listed in the JAG Program accountability measures at:
https://bjapmt.ojp.gov/help/jagclocs,html.
° For information on subawards (including the details on proposed subawards that should be included in the
application), see "Budget and Associated Documentation" under Section D. Application and Submission Information.
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The application should demonstrate the applicant's understanding of the performance
data reporting requirements for this grant program and detail how the applicant will
gather the required data should it receive funding.
Please note that applicants are not required to submit performance data with the
application. Performance measures information is included as an alert that successful
applicants will be required to submit performance data as part of the reporting
requirements under an award.
Note on Project Evaluations
An applicant that proposes to use award funds through this solicitation to conduct project
evaluations should be aware that certain project evaluations (such as systematic
investigations designed to develop or contribute to generalizable knowledge) may constitute
"research" for purposes of applicable DOJ human subjects protection regulations. However,
project evaluations that are intended only to generate internal improvements to a program or
service, or are conducted only to meet OJP's performance measure data reporting
requirements, likely do not constitute "research." Each applicant should provide sufficient
information for OJP to determine whether the particular project it proposes would either
intentionally or unintentionally collect and/or use information in such a way that it meets the
DOJ regulatory definition of research that appears at 28 a F.R. Part 46 ("Protection of
Human Subjects").
Research, for the purposes of human subjects protection for OJP-funded programs, is
defined as "a systematic investigation, including research development, testing and
evaluation, designed to develop or contribute to generalizable knowledge." 28 C.F.R.
46.102(d).
For additional information on determining whether a proposed activity would constitute
research for purposes of human subjects protection, applicants should consult the decision
tree in the "Research and the Protection of Human Subjects" section of the "Requirements
related to Research" web page of the "Overview of Legal Requirements Generally
Applicable to OJP Grants and Cooperative Agreements - FY 2018 Awards" available
through the OJP Funding Resource Center at https://oip.gov/funding/index.htm . Every
prospective applicant whose application may propose a research or statistical component
also should review the "Data Privacy and Confidentiality Requirements" section on that web
page.
4. Budget and Associated Documentation
The Budget Detail Worksheet and the Budget Narrative are now combined in a single
document collectively referred to as the Budget Detail Worksheet. The Budget Detail
Worksheet is a user-friendly, fillable, Microsoft Excel-based document designed to calculate
totals. Additionally, the Excel workbook contains worksheets for multiple budget years that
can be completed as necessary. All applicants should use the Excel version when
completing the proposed budget in an application, except in cases where the
applicant does not have access to Microsoft Excel or experiences technical
difficulties. If an applicant does not have access to Microsoft Excel or experiences
technical difficulties with the Excel version, then the applicant should use the 508-compliant
accessible Adobe Portable Document Format (PDF) version.
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Both versions of the Budget Detail Worksheet can be accessed at
https://oio.gov/fundino/Applv/Forms/BudoetDetailWorksheet.htm.
a. Budget Detail Worksheet
The Budget Detail Worksheet should provide the detailed computation for each budget
line item, listing the total cost of each and showing how it was calculated by the
applicant. For example, costs for personnel should show the annual salary rate and the
percentage of time devoted to the project for each employee paid with grant funds. The
Budget Detail Worksheet should present a complete itemization of all proposed costs.
For questions pertaining to budget and examples of allowable and unallowable costs,
see the DOJ Grants Financial Guide at httos://olo.00vninancialguide/DOJ/index.htm.
b. Budget Narrative
The budget narrative should thoroughly and clearly describe every category of expense
listed in the proposed budget detail worksheet. OJP expects proposed budgets to be
complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for
project activities). This narrative should include a full description of all costs,
including funds set aside for NIBRS project(s) and administrative costs (if
applicable).
An applicant should demonstrate in its budget narrative how it will maximize cost
effectiveness of award expenditures. Budget narratives should generally describe cost
effectiveness in relation to potential alternatives and the objectives of the project. For
example, a budget narrative should detail why planned in-person meetings are
necessary, or how technology and collaboration with outside organizations could be
used to reduce costs, without compromising quality.
The budget narrative should be mathematically sound and correspond clearly with the
information and figures provided in the Budget Detail Worksheet. The narrative should
explain how the applicant estimated and calculated all costs, and how those costs are
necessary to the completion of the proposed project. The narrative may include tables
for clarification purposes, but need not be in a spreadsheet format. As with the Budget
Detail Worksheet, the budget narrative should describe costs by year
c. Information on Proposed Subawards (if any), as well as on Proposed Procurement
Contracts (if any)
Applicants for OJP awards typically may propose to make "subawards." Applicants also
may propose to enter into procurement "contracts" under the award.
Whether an action—for federal grants administrative purposes—is a subaward or
procurement contract is a critical distinction as significantly different rules apply to
subawards and procurement contracts. If a recipient enters into an agreement that is a
subaward of an OJP award, specific rules apply—many of which are set by federal
statutes and DOJ regulations; others by award conditions. These rules place particular
responsibilities on an OJP recipient for any subawards the OM' recipient may make. The
rules determine much of what the written subaward agreement itself must require or
provide. The rules also determine much of what an OJP recipient must do both before
and after it makes a subaward. If a recipient enters into an agreement that is a
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procurement contract under an OJP award, a substantially different set of federal rules
applies.
OJP has developed the following guidance documents to help clarify the differences
between subawards and procurement contracts under an OJP award and outline the
compliance and reporting requirements for each. This information can be accessed
online at hftps://oip.gov/training/training.htm.
• Subawards under OJP Awards and Procurement Contracts under Awards: A
Toolkit for OJP Recipients.
• Checklist to Determine Subrecipient or Contractor Classification.
• Sole Source Justification Fact Sheet and Sole Source Review Checklist.
In general, the central question is the relationship between what the third-party will do
under its agreement with the recipient and what the recipient has committed (to OJP) to
do under its award to further a public purpose (e.g., services the recipient will provide,
products it will develop or modify, research or evaluation it will conduct). If a third party
will provide some of the services the recipient has committed (to OJP) to provide, will
develop or modify all or part of a product the recipient has committed (to OJP) to
develop or modify, or conduct part of the research or evaluation the recipient has
committed (to OJP) to conduct, OJP will consider the agreement with the third party a
subaward for purposes of federal grants administrative requirements.
This will be true even if the recipient, for internal or other non-federal purposes, labels or
treats its agreement as a procurement, a contract, or a procurement contract. Neither
the title nor the structure of an agreement determines whether the agreement—for
purposes of federal grants administrative requirements—is a "subaward" or is instead a
procurement "contract" under an award. The substance of the relationship should be
given greater consideration than the form of agreement between the recipient and the
outside entity.
1. Information on proposed subawards and required certifications regarding
certain federal laws from certain subrecipients
General requirement for federal authorization of any subaward; statutory
authorizations of subawards under the JAG Program statute. Generally, a recipient
of an OJP award may not make subawards ("subgrants") unless the recipient has
specific federal authorization to do so. Unless an applicable statute or DOJ
regulation specifically authorizes (or requires) particular subawards, a recipient must
have authorization from OJP before it may make a subaward.
JAG subawards that are required or specifically authorized by statute (see 34
U.S.C. §10152(a) and 34 U.S.C. § 10156) do not require prior approval to
authorize subawards. This includes subawards made by units of local
government under the JAG Program.
A particular subaward may be authorized by OJP because the recipient included a
sufficiently detailed description and justification of the proposed subaward in the
application as approved by OJP. If, however, a particular subaward is not authorized
by federal statute or regulation and is not sufficiently described and justified in the
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application as approved by OJP, the recipient will be required, post award, to request
and obtain written authorization from OJP before it may make the subaward.
If an applicant proposes to make one or more subawards to carry out the federal
award and program, and those subawands are not specifically authorized (or
required) by statute or regulation, the applicant should: (1) identify (if known) the
proposed subrecipient(s), (2) describe in detail what each subrecipient will do to
carry out the federal award and federal program, and (3) provide a justification for the
subaward(s), with details on pertinent matters such as special qualifications and
areas of expertise. Pertinent information on subawards should appear not only in the
Program Narrative, but also in the Budget Detail Worksheet and Budget Narrative.
Required certifications, generally relating to various federal statutes, from any
proposed subrecipient that is a state or local government entity. Before a unit of local
government may subaward FY 2018 award funds to another unit of local government
or to a public institution of higher education, it will be required (by specific award
condition, the terms of which will govern) to obtain a properly executed certification,
generally relating to various specific federal laws, from the proposed subrecipient.
(This requirement regarding these federal laws will not apply to subawards to Indian
tribes). The specific certification the unit of local government must require from
another unit of local government will vary somewhat from the specific certification it
must require from a public institution of higher education. The forms will be posted
and available for download at: https://ojp.gov/funding/Explore/SampleCertifications-
8USC1373.htm.
2. Information on proposed procurement contracts (with specific justification
for proposed noncompetitive contracts over $150,000)
Unlike a recipient contemplating a subaward, a recipient of an OJP award generally
does not need specific prior federal authorization to enter into an agreement that—
for purposes of federal grants administrative requirements—is considered a
procurement contract, provided that (1) the recipient uses its own documented
procurement procedures and (2) those procedures conform to applicable federal law,
including the Procurement Standards of the (D0J) Part 200 Uniform Requirements
(as set out at 2 C.F.R. 200317- 200.326). The Budget Detail Worksheet and budget
narrative should identify proposed procurement contracts. (As discussed above,
subawards must be identified and described separately from procurement contracts.)
The Procurement Standards in the Part 200 Uniform Requirements, however, reflect
a general expectation that agreements that (for purposes of federal grants
administrative requirements) constitute procurement "contracts" under awards will be
entered into on the basis of full and open competition. All noncompetitive (sole
source) procurement contracts must meet the OJP requirements outlined at
https://ojp,gov/trainincdsubawards-procurement.htm. lf a proposed procurement
contract would exceed the simplified acquisition threshold—currently, $150,000—a
recipient of an OJP award may not proceed without competition unless and until the
recipient receives specific advance authorization from OJP to use a non-competitive
approach for the procurement. An applicant that (at the time of its application)
intends—without competition—to enter into a procurement contract that would
exceed $150,000 should include a detailed justification that explains to OJP why, in
the particular circumstances, it is appropriate to proceed without competition.
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If the applicant receives an award, sole source procurements that do not exceed the
Simplified Acquisition Threshold (currently $150,000) must have written justification
for the noncompetitive procurement action maintained in the procurement file. If a
procurement file does not have the documentation that meets the criteria outlined in
2 C.F.R. 200, the procurement expenditures may not be allowable. Sole source
procurement over the $150,000 Simplified Acquisition Threshold must have prior
approval from OJP using a Sole Source Grant Adjustment Notice (GAN). Written
documentation justifying the noncompetitive procurement must be submitted with the
GAN and maintained in the procurement file.
d. Pre.Agreement Costs
For information on pre-agreement costs, see Section B. Federal Award Information.
5. Indirect Cost Rate Agreement (if applicable)
Indirect costs may be charged to an award only it
(a) The recipient has a current (unexpired), federally approved indirect cost rate; or
(b) The recipient is eligible to use, and elects to use, the "de minimis" indirect cost rate
described in the (D0J) Part 200 Uniform Requirements, as set out at 2 C.F.R.
200.414(f).
Note: This rule does not eliminate or alter the JAG-specific restriction in federal law that
charges for administrative costs may not exceed 10 percent of the award amount,
regardless of the approved indirect cost rate.
An applicant with a current (unexpired) federally approved indirect cost rate is to attach a
copy of the indirect cost rate agreement to the application. An applicant that does not have a
current federally approved rate may request one through its cognizant federal agency, which
will review all documentation and approve a rate for the applicant entity, or, if the applicant's
accounting system permits, applicants may propose to allocate costs in the direct cost
categories.
For assistance with identifying the appropriate cognizant federal agency for indirect costs,
please contact the ()CFO Customer Service Center at 1-800-458-0786 or at
ask.ocfousdoj.gov . lf DOJ is the cognizant federal agency, applicants may obtain
information needed to submit an indirect cost rate proposal at:
www.oip.00v/funding/Apply/Resources/IndirectCosts.pdf.
Certain OJP recipients have the option of electing to use the "de minimis" indirect cost rate.
An applicant that is eligible to use the "de minim's" rate that wishes to use the "de minimis"
rate should attach written documentation to the application that advises OJP of both-- (1) the
applicant's eligibility to use the "de minimis" rate, and (2) its election to do so. If an eligible
applicant elects the "de minimis" rate, costs must be consistently charged as either indirect
or direct costs, but may not be double charged or inconsistently charged as both. The "de
minimis" rate may no longer be used once an approved federally-negotiated indirect cost
rate is in place. (No entity that ever has had a federally-approved negotiated indirect cost
rate is eligible to use the "de minimis" rate.) For the "de minimis" rate requirements
(including additional information on eligibility to elect to use the rate), see Part 200 Uniform
Requirements, at 2 C.F.R. 200.414(f).
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6. Tribal Authorizing Resolution
A tribe, tribal organization, or third party that proposes to provide direct services or
assistance to residents on tribal lands should include in its application a resolution, letter,
affidavit, or other documentation, as appropriate, that demonstrates (as a legal matter) that
the applicant has the requisite authorization from the tribe(s) to implement the proposed
project on tribal lands. In those instances when an organization or consortium of tribes
applies for an award on behalf of a tribe or multiple specific tribes, the application should
include appropriate legal documentation, as described above, from all tribes that would
receive services or assistance under the award. A consortium of tribes for which existing
consortium bylaws allow action without support from all tribes in the consortium (Le., without
an authorizing resolution or comparable legal documentation from each tribal governing
body) may submit, instead, a copy of its consortium bylaws with the application.
7. Financial Management and System of Internal Controls Questionnaire (including
applicant disclosure of high risk status)
Every OJP applicant is to download, complete, and submit the OJP Financial Management
and System of Internal Controls Questionnaire (Questionnaire) located at
https://oip.cov/fundinc/Apoly/Resources/FinancialCapabilitv.pdf as part of its application.
The Questionnaire helps OJP assess the financial management and internal control
systems, and the associated potential risks of an applicant as part of the pre-award risk
assessment process.
The Questionnaire should only be completed by financial staff most familiar with the
applicant's systems, policies, and procedures in order to ensure that the correct responses
are recorded and submitted to OJP. The responses on the Questionnaire directly impact the
pre-award risk assessment and should accurately reflect the applicant's financial
management and internal control system at the time of the application. The pre-award risk
assessment is only one of multiple factors and criteria used in determining funding.
However, a pre-award risk assessment that indicates that an applicant poses a higher risk to
OJP may affect the funding decision and/or result in additional reporting requirements,
monitoring, special conditions, withholding of award funds, or other additional award
requirements.
Among other things, the form requires each applicant to disclose whether it currently is
designated "high risk" by a federal grant-making agency outside of DOJ. For purposes of
this disclosure, high risk includes any status under which a federal awarding agency
provides additional oversight due to the applicant's past performance, or other programmatic
or financial concerns with the applicant. If an applicant is designated high risk by another
federal awarding agency, the applicant must provide the following information:
• The federal awarding agency that currently designates the applicant high risk.
• The date the applicant was designated high risk.
• The high risk point of contact at that federal awarding agency (name, phone number,
and email address).
• The reasons for the high risk status, as set out by the federal awarding agency.
OJP seeks this information to help ensure appropriate federal oversight of OJP awards. An
applicant that is considered "high risk" by another federal awarding agency is not
automatically disqualified from receiving an OJP award. OJP may, however, consider the
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information in award decisions, and may impose additional OJP oversight of any award
under this solicitation (including through the conditions that accompany the award
document).
8. Disclosure of Lobbying Activities
Each applicant must complete and submit a Disclosure of Lobbying Activities form (SF-LLL).
An applicant that expends any funds for lobbying activities is to provide all of the information
requested on the form. An applicant that does not expend any funds for lobbying activities is
to enter "N/A" in the text boxes for item 10 ("a. Name and Address of Lobbying Registrant"
and "b. Individuals Performing Services").
9, Certifications and Assurances by the Chief Executive of the Applicant Government
A JAG application is not complete, and a unit of local government may not access award
funds, unless the chief executive of the applicant unit of local government (e.g., the mayor)
properly executes, and the unit of local government submits, the "Certifications and
Assurances by the Chief Executive of the Applicant Government" attached to this solicitation
as Appendix A.
OJP will not deny an application for an FY 2018 award for failure to submit these
"Certifications and Assurances by the Chief Executive of the Applicant Government" by the
application deadline, but a unit of local government will not be able to access award funds
(and its award will include a condition that withholds funds) until it submits these
certifications and assurances, properly executed by the chief executive of the unit of local
government (e.g., the mayor).
10. Certifications by the Chief Legal Officer of the Applicant Government
The chief legal officer of an applicant unit of local government (e.g., the City Attorney) is to
carefully review the two certifications attached to this solicitation as Appendix B and
Appendix C. If the chief legal officer determines that he or she may execute the
certifications, the unit of local government is to submit the certification as part of its
application. (Note: this requirement does not apply to Indian tribal governments.)
As discussed further in the Federal Award Notices section, a unit of local government (other
than an Indian tribal government) applicant will be unable to make a valid award
acceptance of an FY 2018 JAG award unless and until both properly executed certifications
by its chief legal officer are received by OJP on or before the day the unit of local
government submits an executed award document.
11. Additional Attachments
a. Information regarding Communication with the Department of Homeland Security
(DHS) and/or Immigration and Customs Enforcement (ICE)
Each applicant must provide responses to the following questions as an attachment to
the application:
(1) Does your jurisdiction have any laws, policies, or practices related to whether, when,
or how employees may communicate with DHS or ICE?
(2) is your jurisdiction subject to any laws from a superior political entity (e.g., a state law
that binds a city) that meet the description in question 1?
(3) If yes to either:
• Please provide a copy of each law or policy;
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• Please describe each practice; and
• Please explain how the law, policy, or practice complies with section 1373.
See Appendix E for a template that applicants may use to prepare this attachment.
Note: Responses to these questions must be provided by the applicant as part of the JAG
application. Further, the requirement to provide this information applies to all tiers of JAG
funding, for all subawards made to state or local government entities, including public
institutions of higher education. All subrecipient responses must be collected and
maintained by the direct recipient of JAG funding 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.
OJP will not deny an application for an FY 2018 award for failure to submit these
required responses by the application deadline, but a unit of local government will not be
able to access award funds (and its award will include a condition that withholds funds)
until it submits these responses.
b. Applicant Disclosure of Pending Applications
Each applicant is to disclose whether it has (or is proposed as a subrecipient under) any
pending applications for federally funded grants or cooperative agreements that (1)
include requests for funding to support the same project being proposed in the
application under this solicitation and (2) would cover identical cost items outlined in the
budget submitted to OJP as part of the application under this solicitation. The applicant
is to disclose applications made directly to federal awarding agencies, and also
applications for subawards of federal funds (e.g., applications to state agencies that will
subaward ("subgrant") federal funds).
OJP seeks this information to help avoid any inappropriate duplication of funding.
Leveraging multiple funding sources in a complementary manner to implement
comprehensive programs or projects is encouraged and is not seen as inappropriate
duplication.
Each applicant that has one or more pending applications as described above is to
provide the following information about pending applications submitted within the last 12
months:
• The federal or state funding agency
• The solicitation name/project name
• The point of contact information at the applicable federal or state funding agency
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Federal or State
Funding Agency
Solicitation
Name/Project
Name
Name/Phone/Email for Point of Contact at
Federal or State Funding Agency
DOJ/Office of
Community
Oriented Policing
Services (COPS)
COPS Hiring ,.
Program
i.lrie -Doe, 2021000-0000; jane.doe@usdoj.gov - . „ . . .,
Health & Human
Services/
Substance Abuse
and Mental Health
Services
Administration
Drug-Free
Communities
Mentoring
Program/ North
County Youth
Mentoring
Program
John Doe, 202/000-0000; john.doe@hhs.gov
Each applicant should include the table as a separate attachment to its application. The
file should be named "Disclosure of Pending Applications." The applicant Legal Name on
the application must match the entity named on the disclosure of pending applications
statement.
Any applicant that does not have any pending applications as described above is to
submit, as a separate attachment, a statement to this effect "[Applicant Name on SF-
424] does not have (and is not proposed as a subrecipient under) any pending
applications submitted within the last 12 months for federally funded grants or
cooperative agreements (or for subawards under federal grants or cooperative
agreements) that request funding to support the same project being proposed in this
application to OJP and that would cover identical cost items outlined in the budget
submitted as part of this application."
c. Research and Evaluation Independence and Integrity (if applicable)
If an application involves research (including research and development) and/or
evaluation, the applicant must demonstrate research/evaluation independence and
integrity, including appropriate safeguards, before it may receive award funds. The
applicant must demonstrate independence and integrity regarding both this proposed
research and/or evaluation, and any current or prior related projects.
Each application should include an attachment that addresses both i. and ii. below.
i. For purposes of this solicitation, each applicant is to document research and
evaluation independence and integrity by including one of the following two
items:
a. A specific assurance that the applicant has reviewed its application to
identify any actual or potential apparent conflicts of interest (including
through review of pertinent information on the principal investigator, any
co-principal investigators, and any subrecipients), and that the applicant
has identified no such conflicts of interest—whether personal or financial
or organizational (including on the part of the applicant entity or on the
part of staff, investigators, or subrecipients)—that could affect the
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independence or integrity of the research, including the design, conduct,
and reporting of the research.
OR
b. A specific description of actual or potential apparent conflicts of interest
that the applicant has identified—including through review of pertinent
information on the principal investigator, any co-principal investigators,
and any subrecipients—that could affect the independence or integrity of
the research, including the design, conduct, or reporting of the research.
These conflicts may be personal (e.g., on the part of investigators or other
staff), financial, or organizational (related to the applicant or any
subrecipient entity). Some examples of potential investigator (or other
personal) conflict situations are those in which an investigator would be in
a position to evaluate a spouse's work product (actual conflict), or an
investigator would be in a position to evaluate the work of a former or
current colleague (potential apparent conflict). With regard to potential
organizational conflicts of interest, as one example, generally an
organization would not be given an award to evaluate a project, if that
organization had itself provided substantial prior technical assistance to
that specific project or a location implementing the project (whether
funded by OJP or other sources), because the organization in such an
instance might appear to be evaluating the effectiveness of its own prior
work. The key is whether a reasonable person understanding all of the
facts would be able to have confidence that the results of any research or
evaluation project are objective and reliable. Any outside personal or
financial interest that casts doubt on that objectivity and reliability of an
evaluation or research product is a problem and must be disclosed.
In addition, for purposes of this solicitation, each applicant is to address possible
mitigation of research integrity concerns by including, at a minimum, one of the
following two items:
a. If an applicant reasonably believes that no actual or potential apparent
conflicts of interest (personal, financial, or organizational) exist, then the
applicant should provide a brief narrative explanation of how and why it
reached that conclusion. The applicant also is to include an explanation of
the specific processes and procedures that the applicant has in place, or
will put in place, to identify and prevent (or, at the very least, mitigate) any
such conflicts of interest pertinent to the funded project during the period
of performance. Documentation that may be helpful in this regard may
include organizational codes of ethics/conduct and policies regarding
organizational, personal, and financial conflicts of interest. There is no
guarantee that the plan, if any, will be accepted as proposed.
OR
b. If the applicant has identified actual or potential apparent conflicts of
interest (personal, financial, or organizational) that could affect the
independence and integrity of the research, including the design, conduct,
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or reporting of the research, the applicant is to provide a specific and
robust mitigation plan to address each of those conflicts. At a minimum,
the applicant is expected to explain the specific processes and
procedures that the applicant has in place, or will put in place, to identify
and eliminate (or, at the very least, mitigate) any such conflicts of interest
pertinent to the funded project during the period of performance.
Documentation that may be helpful in this regard may include
organizational codes of ethics/conduct and policies regarding
organizational, personal, and financial conflicts of interest. There is no
guarantee that the plan, if any, will be accepted as proposed.
OJP will assess research and evaluation independence and integrity based on
considerations such as the adequacy of the applicant's efforts to identify factors that
could affect the objectivity or integrity of the proposed staff and/or the applicant entity
(and any subrecipients) in carrying out the research, development, or evaluation activity;
and the adequacy of the applicant's existing or proposed remedies to control any such
factors.
d. Local Governing Body Review
Applicants must submit information via the Certification and Assurances by the Chief
Executive (See Appendix A) which documents that the JAG application was made
available for review by the governing body of the unit of local government, or by an
organization designated by that governing body, for a period that was not less than 30
days before the application was submitted to BJA. The same Chief Executive
Certification will also specify that an opportunity to comment on this application was
provided to citizens prior to the application submission to the extent applicable law or
established procedures make such opportunity available. In the past, this has been
accomplished via submission of specific review dates; now, OJP will only accept a chief
executive's certification to attest to these facts. Units of local government may continue
to submit actual dates of review, should they wish to do so, in addition to the submission
of the Chief Executive Certification.
How to Apply
An applicant must submit its application through the Grants Management System (GMS), which
provides support for the application, award, and management of awards at OJP. Each applicant
entity must register in GMS for each specific funding opportunity and should register
promptly to meet the GMS registration deadline for this funding opportunity, especially if this is
the first time the applicant is using the system. Find complete instructions on how to register and
submit an application in GMS at www.ojp.gov/gmscbt/. An applicant that experiences technical
difficulties during this process should email GMS.HelpDesk@usdoj.gov or call 888-549-9901
(option 3), available 24 hours a day, 7 days a week, including on federal holidays. OJP
recommends that each applicant register promptly to prevent delays in submitting an
application package by the deadline.
Note on File Types: GMS does not accept executable file types as application
attachments. These disallowed file types include, but are not limited to, the following
extensions: ".com," ".bat," ".exe," ".vbs," ".cfg," ".dat," ".db," ".dbf," ".dII," "" ".log," ".ora,"
and ".zip." GMS may reject applications with files that use these extensions. It is important to
allow time to change the type of file(s) if the application is rejected.
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Unique Entity Identifier (DUNS Number) and System for Award Management (SAM)
Every applicant entity must comply with all applicable System for Award Management (SAM)
and unique entity identifier (currently, a Data Universal Numbering System [DUNS1 number)
requirements. SAM is the repository for certain standard information about federal financial
assistance applicants, recipients, and subrecipients. A DUNS number is a unique nine-digit
identification number provided by the commercial company Dun and Bradstreet. More detailed
information about SAM and the DUNS number is in the numbered sections below.
If an applicant entity has not fully complied with the applicable SAM and unique identifier
requirements by the time OJP makes award decisions, OJP may determine that the applicant is
not qualified to receive an award and may use that determination as a basis for making the
award to a different applicant.
If the applicant entity already has an Employer Identification Number (EIN), the SAM registration
will take up to two weeks to process. If the entity does not have an EIN, then the applicant
should allow two to five weeks for obtaining the information from IRS when requesting
the EIN via phone, fax, mail or Internet. For more information about EIN, visit
https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin.
Registration and Submission Steps
All applicants should complete the following steps:
1. Acquire a unique entity identifier (DUNS number). In general, the Office of Management
and Budget requires every applicant for a federal award (other than an individual) to include
a "unique entity identifier' in each application, including an application for a supplemental
award. Currently, a DUNS number is the required unique entity identifier.
This unique entity identifier is used for tracking purposes, and to validate address and point
of contact information for applicants, recipients, and subrecipients. It will be used throughout
the life cycle of an OJP award. Obtaining a DUNS number is a free, one-time activity. Call
Dun and Bradstreet at 866-705-5711 to obtain a DUNS number or apply online at
vvww.dnb.com/. A DUNS number is usually received within 2 business days.
2. Acquire or maintain registration with SAM. Any applicant for an OJP award creating a
new entity registration (or updating or renewing a registration) in SAM.gov must submit an
original, signed notarized letter appointing the authorized Entity Administrator within thirty
(30) days of the registration activation. Notarized letters must be submitted via U.S.
Postal Service Mail. Read the Alert at www.samsiov to learn more about what is
required in the notarized letter, and read the Frequently Asked Questions (FAQs) at
www.qsa.govisamupdate to learn more about this process change.
All applicants for OJP awards (other than individuals) must maintain current registrations in
the SAM database. Applicants will need the authorizing official of the organization and an
Employer Identification Number (EIN).
Information about SAM registration procedures can be accessed at https://www.sam.dov/.
3. Acquire a GMS username and password. New users must create a GMS profile by
selecting the "First Time User" link under the sign-in box of the GMS home page. For more
information on how to register in GMS, go to www.oip.00v/omscbt. Previously registered
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applicants should ensure, prior to applying, that the user profile information is up-to-date in
GMS (including, but not limited to, address, legal name of agency and authorized
representative) as this information is populated in any new application.
4. Verify the SAM (formerly CCR) registration in GMS. OJP requires each applicant to verify
its SAM registration in GMS. Once logged into GMS, click the "CCR Claim" link on the left
side of the default screen. Click the submit button to verify the SAM (formerly CCR)
registration.
5. Search for the funding opportunity on GMS. After logging into GMS or completing the
GMS profile for username and password, go to the "Funding Opportunities" link on the left
side of the page. Select "BJA" and "FY 18 Edward Byrne Memorial Local Justice
Assistance Grant (JAG) Program."
6. Register by selecting the "Apply Online" button associated with the funding
opportunity title. The search results from step 5 will display the "funding opportunity"
(solicitation) title along with the registration and application deadlines for this solicitation.
Select the "Apply Online" button in the "Action" column to register for this solicitation and
create an application in the system.
7. Follow the directions in GMS to submit an application consistent with this
solicitation. Once the application is submitted, GMS will display a confirmation screen
stating the submission was successful. Important: In some instances, applicants must wait
for GMS approval before submitting an application. OJP urges each applicant to submit its
application at least 72 hours prior to the application due date.
Note: Application Versions
If an applicant submits multiple versions of the same application, OJP will review only the most
recent system-validated version submitted.
Experiencing Unforeseen GMS Technical Issues
An applicant that experiences unforeseen GMS technical issues beyond its control that prevent
it from submitting its application by the deadline may contact the GMS Help Desk or the SAM
Help Desk (Federal Service Desk) at https://www.fsd.qov/fsd-gov/home.do to report the
technical issue and receive a tracking number. The applicant must email the NCJRS Response
Center identified in the Contact Information section on the title page within 24 hours after the
application deadline to request approval to submit its application after the deadline. The
applicant's email must describe the technical difficulties, and must include a timeline of the
applicant's submission efforts, the complete grant application, the applicant's DUNS number,
and any GMS Help Desk or SAM tracking number(s).
Note: OJP does not automatically approve requests to submit a late application. After
OJP reviews the applicant's request, and contacts the GMS Help Desk to verify the reported
technical issues, OJP will inform the applicant whether the request to submit a late application
has been approved or denied. If OJP determines that the untimely application submission was
due to the applicant's failure to follow all required procedures, OJP will deny the applicant's
request to submit its application.
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BJA-2018-13626
The following conditions generally are insufficient to justify late submissions to OJP solicitations:
• Failure to register in SAM or GMS in sufficient time (SAM registration and renewal can
take as long as 10 business days to complete.)
• Failure to follow GMS instructions on how to register and apply as posted on the GMS
website
• Failure to follow each instruction in the OJP solicitation
• Technical issues with the applicant's computer or information technology environment
such as issues with firewalls
E. Application Review Information
Review Process
OJP is committed to ensuring a fair and open process for making awards. BJA reviews the
application to make sure that the information presented is reasonable, understandable,
measurable, and achievable, as well as consistent with the solicitation. BJA will also review
applications to help ensure that JAG program-statute requirements have been met.
Pursuant to the Part 200 Uniform Requirements, before award decisions are made, OJP also
reviews information related to the degree of risk posed by applicants. Among other things, to
help assess whether an applicant that has one or more prior federal awards has a satisfactory
record with respect to performance, integrity, and business ethics, OJP checks whether the
applicant is listed in SAM as excluded from receiving a federal award.
In addition, if OJP anticipates that an award will exceed $150,000 in federal funds, OJP also
must review and consider any information about the applicant that appears in the non-public
segment of the integrity and performance system accessible through SAM (currently, the
Federal Awardee Performance and Integrity Information System; "FAPIIS").
Important note on FAPIIS: An applicant, at its option, may review and comment on any
information about itself that currently appears in FAPIIS and was entered by a federal awarding
agency. OJP will consider any such comments by the applicant, in addition to the other
information in FAPIIS, in its assessment of the risk posed by the applicant. The evaluation of
risks goes beyond information in SAM, however. OJP itself has in place a framework for
evaluating risks posed by applicants. OJP takes into account information pertinent to matters
such as:
(1) Applicant financial stability and fiscal integrity
(2) Quality of the management systems of the applicant, and the applicant's ability to meet
prescribed management standards, including those outlined in the DOJ Grants Financial
Guide
(3) Applicant's history of performance under OJP and other DOJ awards (including
compliance with reporting requirements and award conditions), as well as awards from
other federal agencies
(4) Reports and findings from audits of the applicant, including audits under the (D0J) Part
200 Uniform Requirements
(5) Applicant's ability to comply with statutory and regulatory requirements, and to effectively
implement other award requirements
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BJA-2018-13626
Absent explicit statutory authorization or written delegation of authority to the contrary, the
Assistant Attorney General will make all final award decisions.
F. Federal Award Administration Information
Federal Award Notices
Award notifications are expected to be made by September 30, 2018. OJP sends award
notifications by email through GMS to the individuals listed in the application as the point of
contact and the authorizing official. The email notification includes detailed instructions on how
to access and view the award documents, and steps to take in GMS to start the award
acceptance process. GMS automatically issues the notifications at 9:00 p.m. eastern time on
the award date.
NOTE: In order to validly accept an award under the FY 2018 JAG Program, a unit of local
government (other than an Indian tribal government) must submit to GMS the certification by its
chief legal officer regarding compliance with certain federal laws, executed using the forms that
appear in Appendices B and C. (The forms also may be downloaded at
https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm.) Unless the executed
certifications either (1) are submitted to OJP together with the signed award document or (2) are
uploaded in GMS no later than the day the signed award document is submitted, OJP will
reject as invalid any submission by a unit of local government (other than an Indian tribal
government) that purports to accept an award under this solicitation.
Rejection of an initial submission as an invalid award acceptance is not a denial of the award.
Consistent with award requirements, once the unit of local government does submit the
necessary certification regarding compliance with certain federal laws, the unit of local
government will be permitted to submit an award document executed by the unit of local
government on or after the date of those certifications.
Also, in order for an applicant validly to accept an award under the FY 2018 JAG program, an
individual with the necessary authority to bind the applicant will be required to log in; execute a
set of legal certifications and a set of legal assurances; designate a financial point of contact;
thoroughly review the award, including all award conditions; and sign and accept the award.
The award acceptance process requires physical signature of the award document by the
authorized representative and the scanning of the fully-executed award document (along with
the required certifications regarding compliance with certain federal laws, if not already
uploaded in GMS) to OJP.
Statutory and Regulatory Requirements; Award Conditions
if selected for funding, in addition to implementing the funded project consistent with the OJP-
approved application, the recipient must comply with award conditions, as well as all applicable
requirements of federal statutes and regulations (including applicable requirements referred to
in the assurances and certifications executed at the time of award acceptance). OJP strongly
encourages prospective applicants to review information on post-award legal requirements and
common OJP award conditions prior to submitting an application.
Applicants should consult the "Overview of Legal Requirements Generally Applicable to OJP
Grants and Cooperative Agreements - FY 2018 Awards," available in the OJP Funding
Resource Center at https://oip.gov/funding/index.htm . In addition, applicants should examine the
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8JA-2018-13626
following two legal documents, as each successful applicant must execute both documents in
GMS before it may receive any award funds. (An applicant is not required to submit these
documents as part of an application.)
• Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility
Matters; and Drug-Free Workplace Requirements
• Certified Standard Assurances
The web pages accessible through the "Overview of Legal Requirements Generally Applicable
to OJP Grants and Cooperative Agreements - FY 2018 Awards" are intended to give applicants
for OJP awards a general overview of important statutes, regulations, and award conditions that
apply to many (or in some cases, all) OJP grants and cooperative agreements awarded in FY
2018. Individual OJP awards typically also will include additional award conditions. Those
additional conditions may relate to the particular statute, program, or solicitation under which the
award is made; to the substance of the funded application; to the recipient's performance under
other federal awards; to the recipient's legal status (e.g., as a for-profit entity); or to other
pertinent considerations.
Individual FY 2018 awards made pursuant to this solicitation will, as appropriate and to the
extent consistent with law, include conditions that will require the recipient (and any
subrecipient) that accepts the award to do various things, with respect to the "program or
activity" that would receive federal financial assistance thereunder. Although the specific
terms of each of those conditions are what will govern the awards, included among such
conditions will be some that, generally speaking, will require the recipient (and any
subrecipient) that accepts the award to do some or all of the following:
• Not to violate 8 U.S.C. § 1373 (prohibiting restrictions on—
(1) communication to/from the Department of Homeland Security ("DHS") of information
regarding the citizenship or immigration status of any individual; and
(2) maintaining, or exchanging with any government entity, information regarding the
immigration status of any individual),
• Not to violate 8 U.S.C. § 1644 (prohibiting restrictions on communication to/from DHS of
information regarding the immigration status of an alien).
• Not to violate, or aid or abet any violation of, 8 U.S.C. § 1324(a) (forbidding any "person," in
"knowing or in reckless disregard of the fact that an alien has come to, entered, or remains
in the United States in violation of law," to "conceal, harbor, or shield from detection, or
attempt to conceal, harbor, or shield from detection, such alien in any place, including any
building or any means of transportation" or to "engage in any conspiracy to commit any of
the preceding acts "or aid or abet the commission of any of the preceding acts").
• Not to impede the exercise of the authority of the federal government under 8 U.S.C.
6 1266(a) & (c) (authorizing arrest and detention of certain aliens and providing that the
federal government "shall take into custody" certain criminal aliens "when the alien is
released") and 8 U.S.C. § 1231(a)(4) (relating to removal from the United States of aliens after
detention/confinement at the federal, state, and local level), specifically by requiring such
recipients to provide (where feasible) at least 48 hours' advance notice to DHS regarding the
36
MA-2018-13626
scheduled release date and time of an alien in the recipient's custody when DHS requests
such notice in order to take custody of the alien pursuant to the immigration and Nationality
Act.
• Not to impede the exercise by DHS agents, "anywhere in or outside the United States" (8
C.F.R. § 287.5(a)(1)), of their authority under 8 U.S.C. § 1357(a)(1) to "interrogate any alien or
person believed to be an alien as to his right to be or to remain in the United States,"
specifically by requiring such recipients to permit DHS agents to have access to any
correctional facility in order to meet with an alien (or an individual believed to be an alien) and
inquire as to his right to be or remain in the United States.
The reasonable costs (to the extent not reimbursed under any other federal program) of
complying with these conditions, including honoring any duly authorized requests from DHS that
is encompassed by these conditions, will be allowable costs under the award.
General Information about Post-federal Award Reporting Requirements
In addition to the deliverables described in Section A. Program Description, any recipient of an
award under this solicitation will be required to submit the following reports and data.
Required reports. Recipients typically must submit quarterly financial status reports, semi-
annual progress reports, final financial and progress reports, and, if applicable, an annual audit
report in accordance with the Part 200 Uniform Requirements or specific award conditions.
Future awards and fund drawdowns may be withheld if reports are delinquent. (In appropriate
cases, OJP may require additional reports.)
Awards that exceed $500,000 will include an additional condition that, under specific
circumstances, will require the recipient to report (to FAPIIS) information on civil, criminal, and
administrative proceedings connected with (or connected to the performance of) either the OJP
award or any other grant, cooperative agreement, or procurement contract from the federal
government. Additional information on this reporting requirement appears in the text of the
award condition posted on the OJP website at: https://oip.00v/funclino/FAP1IS.htm.
Data on performance measures. In addition to required reports, each award recipient also must
provide data that measure the results of the work done under the award. To demonstrate
program progress and success, as well as to assist DOJ with fulfilling its responsibilities under
the Government Performance and Results Act of 1993 (GPRA), Public Law 103-62, and the
GPRA Modernization Act of 2010, Public Law 111-352, OJP will require any award recipient,
post award, to provide accountability metrics data as part of regular progress reporting.
Accountability metrics data must be submitted through BJA's Performance Measurement Tool
(PMT), available at https://bjapmt.ojp.gov. The accountability measures are available at:
https://biapmt.oip.qov/help/iagdocs.html . (Note: if a law enforcement agency receives JAG funds
from a state, the state must submit quarterly accountability metrics data related to training that
officers have received on use of force, racial and ethnic bias, de-escalation of conflict, and
constructive engagement with the public.) Successful applicants will be required to access
OJP's performance measurement page at www.oip.qov/performance for an overview of
performance measurement activities at OJP.
OJP may restrict access to award funds if a recipient of an OJP award fails to report the
required accountability metrics data in a timely manner.
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BA-2018-13626
G. Federal Awarding Agency Contact(s)
For OJP contact(s), see the title page.
For contact information for GMS, see the title page.
H. Other Information
Freedom of Information Act and Privacy Act (5 U.S.C. § 552 and 5 U.S.C. § 552a)
All applications submitted to OJP (including all attachments to applications) are subject to the
federal Freedom of Information Act (FOIA) and to the Privacy Act. By law, DOJ may withhold
information that is responsive to a request pursuant to FOIA if DOJ determines that the
responsive information either is protected under the Privacy Act or falls within the scope of one
of nine statutory exemptions under FOIA. DOJ cannot agree in advance of a request pursuant
to FOIA not to release some or all portions of an application.
In its review of records that are responsive to a FOIA request, OJP will withhold information in
those records that plainly falls within the scope of the Privacy Act or one of the statutory
exemptions under FOIA. (Some examples include certain types of information in budgets, and
names and contact information for project staff other than certain key personnel.) In appropriate
circumstances, OJP will request the views of the applicant/recipient that submitted a responsive
document.
For example, if OJP receives a request pursuant to FOIA for an application submitted by a
nonprofit or for-profit organization or an institution of higher education, or for an application that
involves research, OJP typically will contact the applicant/recipient that submitted the
application and ask it to identify—quite precisely—any particular information in the application
that applicant/recipient believes falls under a FOIA exemption, the specific exemption it believes
applies, and why. After considering the submission by the applicant/recipient, OJP makes an
independent assessment regarding withholding information. OJP generally follows a similar
process for requests pursuant to FOIA for applications that may contain law-enforcement
sensitive information.
Provide Feedback to OJP
To assist OJP in improving its application and award processes, OJP encourages applicants to
provide feedback on this solicitation, the application submission process, and/or the application
review process. Provide feedback to OJPSolicitationFeeclbackusdol.qov.
IMPORTANT: This email is for feedback and suggestions only. OJP does not reply to
messages it receives in this mailbox. A prospective applicant that has specific questions on any
program or technical aspect of the solicitation must use the appropriate telephone number or
email listed on the front of this solicitation document to obtain information. These contacts are
provided to help ensure that prospective applicants can directly reach an individual who can
address specific questions in a timely manner.
If you are interested in being a reviewer for other OJP grant applications, please email your
résumé to oloprsupporausdoi.qov. (Do not send your résumé to the OJP Solicitation Feedback
email account.) Note: Neither you nor anyone else from your organization or entity can be a
38
BJA-2018-13626
peer reviewer in a competition in which you or your organization/entity has submitted an
application.
39
BJA-2018-13626
Appendix A
Certifications and Assurances by the Chief Executive of the Applicant Government
Template for use by chief executive of the unit of local government (e.g., the mayor)
Visit httos://olp.eov/fundine/Explore/SampleCertifications-8USC1373.htm to download the most
up-to-date version.
Note: By law, for purposes of the JAG Program, the term "unit of local government" includes a
town, township, village, parish, city, county, borough, or other general purpose political
subdivision of a state; or, it may be a federally recognized Indian tribal government that
performs law enforcement functions (as determined by the Secretary of the Interior). A unit of
local government may be any law enforcement district or judicial enforcement district
established under applicable state law with authority to independently establish a budget and
impose taxes; for example, in Louisiana, a unit of local government means a district attorney or
parish sheriff.
40
BJA-2018-13626
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROORAMS
Edward Byrne Justice Assistance Grant Program FY 2018 Local Solicitation
Certifications and Assurances by the Chief Executive Of the Applicant Government
On fc&""tialf of the applicant unit of local government halted below, in supped of that lodaliys application for an award
under the FY 2018 Edward Byrne Justice Assistance Grant CMG") Program, and further to 34 U.S,C, § 10153(a), I
certify tinder penalty Of penury to the Offiee Of JOstice Programs (OJP"),.U.S. Department of Justice ("USDOJ), that
all of the following are tRie arid correcr
1. I am the. chief executive of the applicant unit of locai gOVernment named below, and I have the authority to make
the following representations on ray own behalf and on behalf of the applicant unit of local govern/tent, I
understand that these representations will be relied upon as material in any QJP decision to make an award, under
the application described above, to the applicant unit of local government;
2.. certify that no federal funds made available by the award (if any) thatOJP makes based on the application
described above will be Used to supplant local folds,. hut will be tised to increase the amounts of sUch fuoth
that would, ri the absence of federal funds, be made avei::able for raw enforcement activities,
3. I assure that tr.e application clescribod above (and any amendmoot to thatopplication) was submated or review
to the governing body of the unit or focal government (e g„ city council or county commission), or to an
organization designated bythat goVerning body, not iesS than 30 days before the date Ofthiscerlifidatlen,
4. ;assure that, before the date of this certification— (a) the application described above (and any amendment to
that application) was made public: and (b) an epponunity to comment on that application (or amendment) was
provided to citizens and to neighborhood or crarnrauility-based organizations, to the.Went applicable law or
established procedure made such an opportunity avaiiable.
5. [assure that, for each fiscal year Of the award (if any) that QJP makes beaecton the application described
above, the applicant unit of local government will maintain and report such data records, and information
(programmatic and finandial), as 0..IP may reasonably require,
a I certify that— (a) the programs to be funded by the award (If any) that OJP makes baser,' on the application
described above meet all the requirements of the JAG Program statute (34 U,S,C, §§ 10151-10168); (b).all the
information contained in that application is correct; (c) in connection with thatapplication, there has been
appropriate Coordination with affected agencies; and (d) in connection with that award Or!y),:the. applicant unit
of local government will comply with all provisions of the JAG Program statute and all other ;applicable federal
laws.
7. I have examined certification entitled 'State or Local Government FY 2018 COMficatIon of Compliance with 8
U,S,C, §§ 1373 a 1844'. executed by the chief legal offidpr of the applicant government with respect to the FY
2018 JAG program and Submitted in 6401 of the application described above, and I heieby adopt that
certification as my own on behalf of that government. (This provision is not applicable to Indian tribal
government applicants.)
8. I have examined certification entitled "'State or Local Government: FY 201e pE.rtir:1;oticli Re)atiDg to 8
US,O. §§ 12'26(a) & (o), 1.231(a)(4), 1357(a), & 1366(1) & (3)" executed by the chief legal officer of the applicant
government with respect to the FY 2018 JAG pi cgram arid submitted In support of the. application described
above, and. I hereby adopt that certification as my own on behalf of that government. (This provision is not
applicable to Indian tribal government applicants.)
acknowledge that a materially felse, fictitious, or fraudulent statement (or concealnielif Or otnission of a material fact)
in this cedificatioii, or in the application that it supports, may be the subject of criminal Fraser:16ln (inc-flurling under 18
US.C. §§ 1001 and/or 1621, and/or 34 U.S.G. §§ 10271-10273), and also may subject me. and the oppkiant unit of
local government to civil p2.na flies and administrative remedies for false claims or otherwise (iricluding under 31
§§ 3729-3730 and §§.3801 -3814 I also aeknowiedge that OJP awards, including ceitiftiatiens provided in
connection with such awards, are. subject to review by USDOJ, Including by QJP and by the USDQJ Office of the
Inspector General.
Signature of Chief e olive of the Applicant Unit of Date of CertlfI ation
Local Government
Printed Name of Chief Executive Title of Chief Executive
Name of Applicant Unit of Local Government
41
B3A-2018-13626
Appendix B
State or Local Government:
Certification of Compliance with 8 U.S.C. §§ 1373 and 1644
Template for use by the chief legal officer of the unit of local government (e.g., the city attorney)
Visit httbs://ojp.00v/fundinq/Exolore/SamoleCertifications-8USC1373.htnn to download the most
up-to-date version.
Note: This Certification is not required by Indian tribal government applicants.
42
BJA-2018-13626
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Local Government: FY 2018 Certification of Compliance with 8 U.S.C. §§ 1373 & 1644
On behalf of the applicant government entity named below, and in support of its application, I certify under penalty of perjury to
the Office of Justice Programs ("OJP"), U.S. Department of Justice ("USCOJ"), that all of the following are true and correct:
(1) I am the chief legal officer of the State or local government of which the applicant entity named below is a part (the
jurisdiction"), and I have the authority to make this certification on behalf of the jurisdiction and the applicant entity (that
is, the entity applying directly to OJP), understand that CJP will rely upon this certification as a material
representation in any decision to make an award to the applicant entity.
(2) I have carefully reviewed 8 U.S.C. §§ 1373(a) & (b), and 1644, including the prohibitions on certain actions by State
and local government entities, -agencies, and -officials regarding information on citizenship and immigration status. I
also have reviewed the provisions set out at (or referenced in) 8 U.S.C. § 1551 note (Abolition ... and Transfer of
Functions"), pursuant to which references to the "Immigration and Naturalization Service" in 8 U.S.C. §§ 1373 & 1644
are to be read, as a legal matter, as references to particular components of the U.S. Department of Homeland Security.
(3) I (and also the applicant entity) understand that the U.S. Department of Justice will require States and local
governments (and agencies or other entities thereof) to comply with 8 U.S.C. §§ 1373 & 1644, with respect to any
"program or activity" funded in whole or in part with the federal financial assistance provided through the FY 2018 OJP
program under which this certification is being submitted (the "FY 2018 OJP Program" identified below), specifically
including any such "program or activity" of a governmental entity or -agency that is a subrecipient (at any tier) of funds
under the FY 2018 OJP Program.
(4) 1 (and also the applicant entity) understand that, for purposes of this certification, "program or activity" means what it
means under title Vi of the Civil Rights Act of 1964 (see 42 U.S.C. § 2000d-4a), and that terms used in this certification
that are defined in 8 U.S.C. § 1101 mean what they mean under that section 1101, except that the term "State" also
shall include American Samoa (cf. 34 U.S.C. §10251(a)(2)). Also, I understand that, for purposes of this certification,
neither a "public" institution of higher education (i.e., one that is owned, controlled, or directly funded by a State or local
government) nor an Indian tribe is considered a State or local government entity or -agency.
(5) I have conducted (or caused to be conducted for me) a diligent inquiry and review concerning both—
(a) the "program or activity" to be funded (in whole or in part) with the federal financial assistance sought
by the applicant entity under this FY 2018 OJP Program; and
(b) any prohibitions or restrictions potentially applicable to the "program or activity" sought to be funded
under the FY 2018 OJP Program that deal with sending to, requesting or receiving from,
maintaining, or exchanging information of the types described in 8 U.S.C. §§ 1373(a) & (b), and
1644, whether imposed by a State or local government entity, -agency, or-official.
(5) As of the date of this certification, neither the jurisdiction nor any entity, agency, or official of the
jurisdiction has in effect, purports to have in effect, or is subject to or bound by, any prohibition or any
restriction that would apply to the "program or activity" to be funded in whole or in part under the FY 2018 OJP
Program (which, for the specific purpose of this paragraph 6, shall not be understood to include any such
"program or activity" of any subrecipient at any tier), and that deals with either— (1) a government entity or
-official sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. §§ 1373(a)
& 1644; or (2) a government entity or -agency sending to, requesting or receiving from, maintaining, or exchanging
information of the types (and with respect to the entities) described in 8 U.S.C. §1373(b).
acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this
certification, or in the application that it supports, 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 entity to civil penalties and
administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and §§ 0601 -381 2), I also
acknowledge that OJP awards, including certifications provided in connection with such awards, are subject to review by
USDOJ, including by OJP and by the USDCJ Office of the Inspector General.
Signature of Chief Legal Officer of the Jurisdiction Printed Name of Chief Legal Officer
Date of Certification Title of Chief Legal Officer of the Jurisdiction
Name of Applicant Government Entity (i.e. the applicant to the FY 2018 OJP Program identified below)
FY 2018 OW Program: Byrne Justice Assistance Grant (JAG) Program: Local
BJA-2018-13626
43
Appendix C
State or Local Government:
Certification of Compliance with 8 U.S.C. §§ 1226(a) & (c), 1231(a)(4), 1324(a), 1357(a),
and 1366(1) & (3)
Template for use by chief legal officer of the unit of local government (e.g., the city attorney)
Visit httbs://ojp.govifunding/Explore/SamoleCertifications-8USC1373.htm to download the most
up-to-date version.
Note: This Certification is not required by Indian tribal government applicants.
44
BJA-2018-13626
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Local Government: FY 2018 Certification Relating to
§§ 1226(a)& (4 1231(04), 1324(a), 1357(a), & 1366(1) & (3)
On behalf of the applicant government entity named below, and in support Of its application, I certify under penalty of perjury to the Office of
Justice Programs ("CJP'), U.S. Department of Justice ("USDOJ"), that all of the following are true and correct;
1. I am the chief legal officer of the unit of local government ot which the applicant entity named below is a part ("the jurisdiction'), and I
have the authority to make this certification on behalf of the jurisdiction and the applicant entity (that is, the entity applying directly to OJP),
I understand that OJP Will rely upon this certification as a material representation in any decision to make an award to the applicant entity.
2. I have carefully reviewed each of the following sections of title 8, United States Code:
a. § 1226(a) & (c) (authorizing arrest and detention of certain aliens and providing that the federal government 'shall take into custody'
certain criminal aliens "when the alien is released");
b. § 1231(a)(4) federal government May not "remove an alien who is sentenced to IMPrisOrlment until the alien IS released from
imprisonment');
c, § 1324(a) (forbidding any "person," in 'knovving or in reckless disregard of the fact that an alien has come to, entered, or remains in
the United States in violation of law," to "conceal, harboe or shield() from detection, or attempt p to conceal, harbor, or shield from
detection, such alien in any place, including any building Or any means of transportation" or to 'engage in any conspiracy to commit
any of the preceding acts .„ or 04 or abetp the commission of any of the preceding acts"):
d, § 1357(a) (authorizing immigration officers, 'anywhere in Or outside the United stew (see 8 C.F.R. 52875(a)) to 'Interrogate any
alien or person believed to be an alien sate his right to be Otto remain in the United S;ates"); and
e. § 1366(1) & (3) (requiring the Attorney -General annually to submit to Congress 'a report detailing .„ (1) the number of illegal aliens
incarcerated in Federal and State prisons for having committed felonies, stating the number incarcerated for each type of offense;
(and (3) programs and plans underway in the Department of Justice to ensure the prompt removal from the United States of
criminal aliens subject: to removal"),
3, 1 (and also the applicant entity) und.er$tand that LISQ0,1*Ill require States and local governments (including state and local
government entitie$, .agencies, and -OffieialS), with reSpeetto any 'program or activity' fV11(104 in whole or in part with the federal financial
assistance provided through the FY 2018 OJP program under which this certification is being submitted (the 'FY 2016 OJP Program"
identified below), specifically including any such 'program or activity' of a governmental entity or -agency that Is a subreelpient (at any tier)
of funds under the FY 2018 OP Program, not to violate, or to aid or abet any violation of, § 1324(a), a rid not to impede the
exercise by federal officers of authority under 8 U.S.C. § 1357(a) or relating to 8 U.S.C. § 1366(1) & (3) or 8IJ.S.C, § 1226(a) & (c),
4, 1 (and also the applicant entity) understand that, for purposes of this certification, "program or activity" means what it means under title
VI of the Civil Rights Act of 1964 (see 42 U.S.C. 5 2000c1-4a), and that terms used in this certification that are defined in 6 U.S.C. § 1101
mean what they mean under that section 1101, except that the term "State" also shall include American Samoa (of, 34 U.S.C.
§10251(a)(2)). Also, I understand that, for purposes of this certification, neither a 'public" institution of higher education (i.e., one that is
owned, controlled, or directly funded by a State or local government) nor an Indian tribe is considered a State or local government entity or
-agency.
5. I have conducted (or caused to be conducted tor me) a diligent inquiry and review concerning both—
a. the "program or activity' to be funded (in whole or in part) with the federal financial assistance sought by the applicant entity under
this FY 2018 OJP Program; and
b, any laws, rules, policies, or practices potentially applicable to the "program or activity' sought to be funded under the PI, 2018 OP
Program that implicate any of the requirements relating to -a U.S.C. 0 1225(a) & (o), 1824(a), 1357(a), & 1368(1) .2, (3) that are
described in 1 3 of this certification, whether Imposed by a State or local government entity, -agency, or
6. As of the date of this certification, neither the jurisdiction nor any entity, agency, or official of the jurisdiction has in effect, purports to
have in effect, or is subject to or bound by, any law, rule, policy, or practice that would apply to the "program or activity to be funded in
whole or in part under the FY 2018 OP Program (which, for the specific purpose of this paragraph 6, shall not be understood to include
any such 'program or activity' of any subreoipient at any tier), and that would or does— (I) violate, or aid or abet any violation of, 81...1,$,C,
§ 1n40); Impede the exercise by federal officers Of a.iitoilty under a 1.1,5,C, § 1357(a); (3) Impede the exercise by federal officers of
authority relating to a U.S.C. § 1366(1) & (3); or (4) impede the eXereiSe by federal OffiCer$ Of authority relating to 3 U.S.C. §146(a) & (c),
I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment cc omission of a material tact) in this certification, or in
the application that it supports, may be the subject of criminal prosecution (including under 18 !lac. 55 1001 and/or 1621, and/or 34 U.S.C.
§510271.10273), and also may subject me and the applicant entity to civil penalties and administrative remedies for false claims or otherwise
(including under 31 U.S.C. §53729-3730 and §53801-3512), 1 also acknowledge that OP awards, including associated certifications, are
subject to review by USDOJ i including by OJP and the usixo Office of the Inspector General.
Signature of Chief Legal Officer of the Jurisdiction Printed Name of Chief Legal Officer
Date of Certification Title of Chief Legal Officer of the Jurisdiction
Name of Applicant Government Entity (i.e., the applicant to the FY 2018 OJP Program identified below
FY 2018 OW Program: Byrne Justice Assistance Grant (JAG) Program: Local
45
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Appendix')
Certain relevant federal laws, as in effect on June 7, 2018
8 U.S.C. § 1373
Communication between government agencies and the Immigration and Naturalization
Service
(a) In general
Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local
government entity or official may not prohibit, or in any way restrict, any government entity or
official from sending to, or receiving from, the Immigration and Naturalization Service
information regarding the citizenship or immigration status, lawful or unlawful, of any
individual.
(b) Additional authority of government entities
Notwithstanding any other provision of Federal, State, or local law, no person or agency may
prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of
the following with respect to information regarding the immigration status, lawful or unlawful,
of any individual:
(1) Sending such information to, or requesting or receiving such information from, the
Immigration and Naturalization Service.
(2) Maintaining such information.
(3) Exchanging such information with any other Federal, State, or local government entity.
(c) Obligation to respond to inquiries
The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or
local government agency, seeking to verify or ascertain the citizenship or immigration status
of any individual within the jurisdiction of the agency for any purpose authorized by law, by
providing the requested verification or status information.
8 U.S.C. § 1644
Communication between State and local government agencies and Immigration and
Naturalization Service
Notwithstanding any other provision of Federal, State, or local law, no State or local government
entity may be prohibited, or in any way restricted, from sending to or receiving from the
Immigration and Naturalization Service information regarding the immigration status, lawful or
unlawful, of an alien in the United States.
8 U.S.0 § 1226(a) & (c)
Apprehension and detention of aliens
(a) Arrest, detention, and release
On a warrant issued by the Attorney General, an alien may be arrested and detained pending a
decision on whether the alien is to be removed from the United States. Except as provided in
subsection (c) and pending such decision, the Attorney General--
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(1) may continue to detain the arrested alien; and
(2) may release the alien on--
(A) bond of at least $1,500 with security approved by, and containing conditions
prescribed by, the Attorney General; or
(B) conditional parole; but
(3) may not provide the alien with work authorization (including an "employment
authorized" endorsement or other appropriate work permit), unless the alien is
lawfully admitted for permanent residence or otherwise would (without regard to
removal proceedings) be provided such authorization.
Detention of criminal aliens
(1) Custody
The Attorney General shall take into custody any alien who--
(A) is inadmissible by reason of having committed any offense covered in section
1182(a)(2) of this title,
(B) is deportable by reason of having committed any offense covered in section
1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title,
(C) is deportable under section 1227(a)(2)(A)(i) of this title on the basis of an
offense for which the alien has been sentence1 to a term of imprisonment of at
least 1 year, or
(D) is inadmissible under section 1182(a)(3)(B) of this title or deportable under
section 1227(a)(4)(B) of this title,
when the alien is released, without regard to whether the alien is released on parole,
supervised release, or probation, and without regard to whether the alien may be arrested
or imprisoned again for the same offense.
(2) Release
The Attorney General may release an alien described in paragraph (1) only if the Attorney
General decides pursuant to section 3521 of Title 18 that release of the alien from custody
is necessary to provide protection to a witness, a potential witness, a person cooperating
with an investigation into major criminal activity, or an immediate family member or close
associate of a witness, potential witness, or person cooperating with such an investigation,
and the alien satisfies the Attorney General that the alien will not pose a danger to the
safety of other persons or of property and is likely to appear for any scheduled proceeding.
A decision relating to such release shall take place in accordance with a procedure that
considers the severity of the offense committed by the alien.
8 U.S.C. § 1231(a)(4)
(a) Detention, release, and removal of aliens ordered removed
***
4) Aliens imprisoned, arrested, or on parole, supervised release, or probation
(A) In general
Except as provided in section 259(a) of title 42 and paragraph (2), the Attorney General
may not remove an alien who is sentenced to imprisonment until the alien is released
from imprisonment. Parole, supervised release, probation, or possibility of arrest or
further imprisonment is not a reason to defer removal.
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BJA-2018-13626
***
(c)
(B) Exception for removal of nonviolent offenders prior to completion of sentence of
imprisonment
The Attorney General is authorized to remove an alien in accordance with applicable
procedures under this chapter before the alien has completed a sentence of
imprisonment-
i. in the case of an alien in the custody of the Attorney General, if the Attorney
General determines that (I) the alien is confined pursuant to a final conviction for a
nonviolent offense (other than an offense related to smuggling or harboring of
aliens or an offense described in section 1101(a)(43)(B), (C), (E), (I), or (L) of this
title and (11) the removal of the alien is appropriate and in the best interest of the
United States; or
ii. in the case of an alien in the custody of a State (or a political subdivision of a
State), if the chief State official exercising authority with respect to the
incarceration of the alien determines that (I) the alien is confined pursuant to a
final conviction for a nonviolent offense (other than an offense described in section
1101(a)(43)(C) or (E) of this title), (II) the removal is appropriate and in the best
interest of the State, and (III) submits a written request to the Attorney General
that such alien be so removed.
(C) Notice
Any alien removed pursuant to this paragraph shall be notified of the penalties under the
laws of the United States relating to the reentry of deported aliens, particularly the
expanded penalties for aliens removed under subparagraph (B).
(D) No private right
No cause or claim may be asserted under this paragraph against any official of the
United States or of any State to compel the release, removal, or consideration for
release or removal of any alien.
8 U.S.C. § 1324(a)
Bringing in and harboring certain aliens
(a) Criminal penalties
(1)(A) Any person who-
i. knowing that a person is an alien, brings to or attempts to bring to the United
States in any manner whatsoever such person at a place other than a designated
port of entry or place other than as designated by the Commissioner, regardless
of whether such alien has received prior official authorization to come to, enter,
or reside in the United States and regardless of any future official action which
may be taken with respect to such alien;
ii. knowing or in reckless disregard of the fact that an alien has come to, entered, or
remains in the United States in violation of law, transports, or moves or attempts
to transport or move such alien within the United States by means of
transportation or otherwise, in furtherance of such violation of law;
knowing or in reckless disregard of the fact that an alien has come to, entered, or
remains in the United States in violation of law, conceals, harbors, or shields
from detection, or attempts to conceal, harbor, or shield from detection, such
alien in any place, including any building or any means of transportation;
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BJA-2018-13626
iv. encourages or induces an alien to come to, enter, or reside in the United States,
knowing or in reckless disregard of the fact that such coming to, entry, or
residence is or will be in violation of law; or
v. (v)(I) engages in any conspiracy to commit any of the preceding acts, or
vi. (II) aids or abets the commission of any of the preceding acts, shall be punished
as provided in subparagraph (B).
(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a
violation occurs-
!. in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a
violation of subparagraph (A)(11), (iii), or (iv) in which the offense was done for the
purpose of commercial advantage or private financial gain, be fined under title
18, imprisoned not more than 10 years, or both;
II. in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under
title 18, imprisoned not more than 5 years, or both;
III. in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in
relation to which the person causes serious bodily injury (as defined in section
1365 of title 18) to, or places in jeopardy the life of, any person, be fined under
title 18, imprisoned not more than 20 years, or both; and
IV. in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the
death of any person, be punished by death or imprisoned for any term of years or
for life, fined under title 18, or both.
(C) It is not a violation of clauses (ii) or (iii) of subparagraph (A), or of clause (iv) of
subparagraph (A) except where a person encourages or induces an alien to come to
or enter the United States, for a religious denomination having a bona fide nonprofit,
religious organization in the United States, or the agents or officers of such
denomination or organization, to encourage, invite, call, allow, or enable an alien who
is present in the United States to perform the vocation of a minister or missionary for
the denomination or organization in the United States as a volunteer who is not
compensated as an employee, notwithstanding the provision of room, board, travel,
medical assistance, and other basic living expenses, provided the minister or
missionary has been a member of the denomination for at least one year.
(2) Any person who, knowing or in reckless disregard of the fact that an alien has not
received prior official authorization to come to, enter, or reside in the United States, brings to or
attempts to bring to the United States in any manner whatsoever, such alien, regardless of any
official action which may later be taken with respect to such alien shall, for each alien in respect
to whom a violation of this paragraph occurs-
(A) be fined in accordance with title 18 or imprisoned not more than one year, or
both; or
(B) in the case of-
(i) an offense committed with the intent or with reason to believe that the alien
unlawfully brought into the United States will commit an offense against the United
States or any State punishable by imprisonment for more than 1 year,
(ii) an offense done for the purpose of commercial advantage or private financial
gain, or
(iii) an offense in which the alien is not upon arrival immediately brought and
presented to an appropriate immigration officer at a designated port of entry,
be fined under title 18 and shall be imprisoned, in the case of a first or second violation of
subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of
49
BA-2018-13626
subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other
violation, not less than 5 nor more than 15 years.
(3)(A) Any person who, during any 12-month period, knowingly hires for employment at least
10 individuals with actual knowledge that the individuals are aliens described in subparagraph
(B) shall be fined under title 18 or imprisoned for not more than 5 years, or both.
(B) An alien described in this subparagraph is an alien who-
(i) is an unauthorized alien (as defined in section 1324a(h)(3) of this title), and
(ii) has been brought into the United States in violation of this subsection.
(4) In the case of a person who has brought aliens into the United States in violation of this
subsection, the sentence otherwise provided for may be increased by up to 10 years if-
(A) the offense was part of an ongoing commercial organization or enterprise;
(B) aliens were transported in groups of 10 or more; and
(C)(i) aliens were transported in a manner that endangered their lives; or
(ii) the aliens presented a life-threatening health risk to people in the United States.
8 U.S.C. § 1357(a)
Powers of immigration officers and employees
(a) Any officer or employee of the Service authorized under regulations prescribed by the
Attorney General shall have power without warrant—
(1) to interrogate any alien or person believed to be an alien as to his right to be or to remain
in the United States;
(2) to arrest any alien who in his presence or view is entering or attempting to enter the
United States in violation of any law or regulation made in pursuance of law regulating the
admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United
States, if he has reason to believe that the alien so arrested is in the United States in
violation of any such law or regulation and is likely to escape before a warrant can be
obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for
examination before an officer of the Service having authority to examine aliens as to their
right to enter or remain in the United States;
(3) within a reasonable distance from any external boundary of the United States, to board
and search for aliens any vessel within the territorial waters of the United States and any
railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles
from any such external boundary to have access to private lands, but not dwellings, for
the purpose of patrolling the border to prevent the illegal entry of aliens into the United
States;
(4) to make arrests for felonies which have been committed and which are cognizable under
any law of the United States regulating the admission, exclusion, expulsion, or removal of
aliens, if he has reason to believe that the person so arrested is guilty of such felony and
if there is likelihood of the person escaping before a warrant can be obtained for his
arrest, but the person arrested shall be taken without unnecessary delay before the
nearest available officer empowered to commit persons charged with offenses against the
laws of the United States; and
(5) to make arrests-
(6) for any offense against the United States, if the offense is committed in the officer's or
employee's presence, or
50
B3A-2018-13626
(7) for any felony cognizable under the laws of the United States, if the officer or employee
has reasonable grounds to believe that the person to be arrested has committed or is
committing such a felony,
(8) if the officer or employee is performing duties relating to the enforcement of the
immigration laws at the time of the arrest and if there is a likelihood of the person
escaping before a warrant can be obtained for his arrest.
Under regulations prescribed by the Attorney General, an officer or employee of the Service
may carry a firearm and may execute and serve any order, warrant, subpoena, summons, or
other process issued under the authority of the United States. The authority to make arrests
under paragraph (5)(B) shall only be effective on and after the date on which the Attorney
General publishes final regulations which (I) prescribe the categories of officers and
employees of the Service who may use force (including deadly force) and the circumstances
under which such force may be used, (ii) establish standards with respect to enforcement
activities of the Service, (iii) require that any officer or employee of the Service is not
authorized to make arrests under paragraph (5)(B) unless the officer or employee has
received certification as having completed a training program which covers such arrests and
standards described in clause (ii), and (iv) establish an expedited, internal review process for
violations of such standards, which process is consistent with standard agency procedure
regarding confidentiality of matters related to internal investigations.
8 U.S.C. § 1366(1) & (3)
Annual report on criminal aliens
Not later than 12 months after September 30, 1996, and annually thereafter, the Attorney
General shall submit to the Committees on the Judiciary of the House of Representatives and of
the Senate a report detailing—
(1) the number of illegal aliens incarcerated in Federal and State prisons for having committed
felonies, stating the number incarcerated for each type of offense;
***
(3) programs and plans underway in the Department of Justice to ensure the prompt removal
from the United States of criminal aliens subject to removal;
***
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Appendix E
Information regarding Communication with the Department of Homeland Security (DEIS)
and/or Immigration and Customs Enforcement (ICE)
Each applicant must provide responses to the following questions as an attachment to the
application:
(1) Does your jurisdiction have any laws, policies, or practices related to whether, when,
or how employees may communicate with DHS or ICE?
(2) Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law
that binds a city) that meet the description in question 1?
(3) if yes to either:
• Please provide a copy of each law or policy;
• Please describe each practice; and
• Please explain how the law, policy, or practice complies with section 1373.
Note: Responses to these questions must be provided by the applicant to BJA as part of the
JAG application. Further, the requirement to provide this information applies to all tiers of JAG
funding, for all subawards made to state or local government entities, including public
institutions of higher education. All subrecipient responses must be collected and maintained by
the direct recipient of JAG funding 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.
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BJA-2018-13626
Appendix F
Additional purposes for which JAG funds awarded to a state under this FY 2018
solicitation may be used:
(a) To enforce state and local laws that establish offenses similar to offenses
established in 21 U.S.C. § 801 et seq., to improve the functioning of the criminal justice
system, with emphasis on violent crime and serious offenders, by means including
providing additional personnel, equipment, training, technical assistance, and
information systems for the more widespread apprehension, prosecution, adjudication,
detention, and rehabilitation of persons who violate these laws, and to assist the victims
of such crimes (other than compensation), including—
(1) demand-reduction education programs in which law enforcement
officers participate;
(2) multi-jurisdictional task-force programs that integrate federal,
state, and local drug-law-enforcement agencies and prosecutors for the purpose
of enhancing inter-agency co-ordination and intelligence, and facilitating multi-
jurisdictional investigations;
(3) programs designed to target the domestic sources of controlled
and illegal substances, such as precursor chemicals, diverted pharmaceuticals,
clandestine laboratories, and cannabis cultivations;
(4) providing community and neighborhood programs that assist
citizens in preventing and controlling crime, including special programs that
address the problems of crimes committed against the elderly and special
programs for rural jurisdictions;
(5) disrupting illicit commerce in stolen goods and property;
(6) improving the investigation and prosecution of white-collar crime,
organized crime, public-corruption crimes, and fraud against the government,
with priority attention to cases involving drug-related official corruption;
(7)(A) improving the operational effectiveness of law enforcement
through the use of crime-analysis techniques, street-sales enforcement,
schoolyard-violator programs, and gang-related and low-income-housing drug-
control programs; and
(B) developing and implementing anti-terrorism plans for deep-
draft ports, international airports, and other important facilities;
(8) career-criminal prosecution programs, including the development
of proposed model drug-control legislation;
(9) financial investigative programs that target the identification of
money-laundering operations and assets obtained through illegal drug trafficking,
including the development of proposed model legislation, financial investigative
training, and financial information-sharing systems;
(10) improving the operational effectiveness of the court process, by
expanding prosecutorial, defender, and judicial resources, and implementing
court-delay-reduction programs;'
(11) programs designed to provide additional public correctional
resources and improve the corrections system, including treatment in prisons and
jails, intensive-supervision programs, and long-range corrections and sentencing
strategies;
(12) providing prison-industry projects designed to place inmates in a
realistic working and training environment that will enable them to acquire
53
BJA-2018-13626
marketable skills and to make financial payments for restitution to their victims,
for support of their own families, and for support of themselves in the institution;
(13) providing programs that identify and meet the treatment needs of
adult and juvenile drug-dependent and alcohol-dependent offenders;
(14) developing and implementing programs that provide assistance to
jurors and witnesses, and assistance (other than compensation) to victims of
crimes;
(15)(A) developing programs to improve drug-control technology, such as
pretrial drug-testing programs, programs that provide for the identification,
assessment, referral to treatment, case-management and monitoring of drug-
dependent offenders, and enhancement of state and local forensic laboratories;
and
(B) developing programs to improve criminal justice
information systems (including automated fingerprint identification
systems) to assist law enforcement, prosecution, courts, and corrections
organizations;
(16) innovative programs that demonstrate new and different
approaches to enforcement, prosecution, and adjudication of drug offenses and
other serious crimes;
(17) addressing the problems of drug trafficking and the illegal
manufacture of controlled substances in public housing;
(18) improving the criminal and juvenile justice system's response to
domestic and family violence, including spouse abuse, child abuse, and abuse of
the elderly;
(19) drug-control evaluation programs that the state and units of local
government may utilize to evaluate programs and projects directed at state drug-
control activities;
(20) providing alternatives to prevent detention, jail, and prison for
persons who pose no danger to the community;
(21) programs of which the primary goal is to strengthen urban
enforcement and prosecution efforts targeted at street drug sales;
(22) programs for the prosecution of driving while intoxicated charges
and the enforcement of other laws relating to alcohol use and the operation of
motor vehicles;
(23) programs that address the need for effective bindover systems for
the prosecution of violent 16- and 17-year-old juveniles, in courts with jurisdiction
over adults, for the crimes of—
(A) murder in the first degree;
(B) murder in the second degree;
(C) attempted murder;
(D) armed robbery when armed with a firearm;
(E) aggravated battery or assault when armed with a firearm;
(F) criminal sexual penetration when armed with a firearm; and
(G) drive-by shootings as described 18 U.S.C. § 36;
(24) law-enforcement and prevention programs relating to gangs or to
youth who are involved or at risk of involvement in gangs;
(25) developing or improving, in a forensic laboratory, a capability to
analyze DNA for identification purposes; and
(26) developing and implementing anti-terrorism training programs and
procuring equipment for use by local law-enforcement authorities; and
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BJA-2018-13626
(b) To reduce crime and improve public safety, including but not limited to,
the following:
(1)(A) hiring, training, and employing on a continuing basis new,
additional law enforcement officers and necessary support personnel;
(B) paying overtime to presently-employed law enforcement
officers and necessary support personnel for the purpose of increasing
the number of hours worked by such personnel; and
(C) procuring equipment, technology, and other material
directly related to basic law-enforcement functions;
(2) enhancing security measures—
(A) in and around schools; and
(B) in and around any other facility or location that is
considered by the unit of local government to have a special risk for
incidents of crime;
(3) establishing crime-prevention programs that may, though not
exclusively, involve law-enforcement officials and that are intended to
discourage, disrupt, or interfere with the commission of criminal activity, including
neighborhood-watch and citizen-patrol programs, sexual-assault and domestic-
violence programs, and programs intended to prevent juvenile crime;
(4) establishing or supporting drug courts;
(5) establishing early-intervention and -prevention programs for
juveniles, in order to reduce or eliminate crime;
(6) enhancing the adjudication process of cases involving violent
offenders, including violent juvenile offenders;
(7) enhancing programs under (a), above;
(8) establishing co-operative task forces between adjoining units of
local government to work co-operatively to prevent and combat criminal activity,
particularly criminal activity that is exacerbated by drug- or gang-related
involvement; and
(9) establishing a multi-jurisdictional task force, particularly in rural
areas, composed of law-enforcement officials representing units of local
government, that works with Federal law-enforcement officials to prevent and
control crime.
55
BJA-2018-13626
Appendix G
Application Checklist
Edward Byrne Memorial Justice Assistance Grant (JAG) Program:
FY 2018 Local Solicitation
This application checklist has been created as an aid in developing an application.
What an Applicant Should Do:
Prior to Registering in GMS:
Acquire a DUNS Number (see page 31)
Acquire or renew registration with SAM (see page 32)
To Register with GMS:
For new users, acquire a GMS username and password* (see page 32)
For existing users, check GMS username and password* to ensure account access
(see page 32)
Verify SAM registration in GMS (see page 32)
Search for correct funding opportunity in GMS (see page 32)
Select correct funding opportunity in GMS (see page 32)
Register by selecting the "Apply Online" button associated with the funding opportunity
title (see page 32)
Read OJP policy and guidance on conference approval, planning, and reporting
available at oip.gov/financialquide/D0J/PostawardRequirements/chapter3.10a.htm
(see page 17)
If experiencing technical difficulties in GMS, contact the NCJRS Response Center
(see pages 2 and 33)
*Password Reset Notice — GMS users are reminded that while password reset capabilities exist,
this function is only associated with points of contact designated within GMS at the time the
account was established. Neither OJP nor the GMS Help Desk will initiate a password reset
unless requested by the authorized official or a designated point of contact associated with an
award or application.
Overview of Post-Award Legal Requirements:
Review the "Overview of Legal Requirements Generally Applicable to OJP Grants and
Cooperative Agreements - FY 2018 Awards" in the OJP Funding Resource Center at
https://ojp.gov/funding/index.htm.
Scope Requirement:
The federal amount requested is within the allowable limit(s) of the FY 2018 JAG
Allocations List as listed on BJA's JAG web page.
Eligibility Requirement: Only units of local government may apply under this solicitation. By
law, for purposes of the JAG Program, the term "units of local government" includes a town,
township, village, parish, city, county, borough, or other general purpose political subdivision of
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BA-2018-13626
a state; or, it may be a federally recognized Indian tribal government that performs law
enforcement functions (as determined by the Secretary of the Interior). A unit of local
government also may be any law enforcement district or judicial enforcement district established
under applicable state law with authority to independently establish a budget and impose taxes.
What an Application Should Include:
Application for Federal Assistance (SF-424) (see page 19)
Intergovernmental Review (see page 19)
Project Identifiers (see page 19)
Program Narrative (see page 20)
Budget Detail Worksheet (see page 21)
Budget Narrative (see page 22)
Indirect Cost Rate Agreement (if applicable) (see page 25)
Tribal Authorizing Resolution (if applicable) (see page 26)
Financial Management and System of Internal Controls Questionnaire (see page 26)
Disclosure of Lobbying Activities (SF-LLL) (if applicable) (see page 27)
Certifications and Assurances by Chief Executive (see page 27)
Certification of Compliance with 8 U.S.C. § 1373 by Chief Legal Officer (Note: this
requirement does not apply to Indian tribal governments.) (see page 27)
OJP Certified Standard Assurances (see pages 39-44)
Additional Attachments
Applicant Disclosure of Pending Applications (see page 28)
Research and Evaluation Independence and Integrity (if applicable) (see page 29)
57
BJA-201843626
From:
To;
Subject:
Date:
Importance;
pr., Gala V
Inn Shannon L
DM FY2018 JAG Grant Additional Mfurination needed
Thursday, July 25 2018 4:18123 PM
High
Hi Shannon,
Here is the information regarding communicator with DHS and ICE. Pleaw let me know if you have any questions.
Than
Gala V. Plir
Sheriff Fiscal Officer
1200 N. Telegraph Rd., Bldg. 38E I Pontiac, MI 48341
Office: 2484358-5512 Fax 2484Se-2099
Email: pi iriAcak(lowcom
Web: www,oaldandsherlitcom
ahland County Sheriffis Office
-
From: Schneider, Steven E
Sent: Thursday, July 26, 2018 1:59 PM
To: Pk Gala V; Wundrach, Christopher W; Yelser, Russell hi; Coleman, Uzbeth Seaman, Loretta M; Feole, Tammy S
Cc: Cunningham, Dale A Subject: RE: FY2018 JAG Grant - Additional information needed
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The N-DEx system is an unclassified national information sharing system that enables criminal justice agencies to search, link, anal yze, and
share local, state, tribal, and federal records, N-DEx is also a strate gic investigative information sharing system that fills informational gaps and
provides situational awareness.
• No fee
• Available 24/7
• Easy web-based access
• N-DEx contains incident, arrest, and booking reports; pretrial investigations; supervised released reports; calls for service; photos ; and
field contact/identification records. _ ............ ......... ........ ..........................
lil rflitirOniCno speed c pot gies or.bioc edures';„ howevof et: ce tout ric!
addition - file rub sat aK1' si lit on ad il ha is ta ICF is sn ajton stic r'rport trIm sfu a' tiIsaOJ hooLo iwo the tail uni IPU lent chat
Rtnt Ro it patrol othc,_ra 'i I u t.t'vO Itch.. itsd tonal that a -Jm il' ed .ia potci hI' enit u onipl ICDLC will ledr4' hlmi5r4tion La a ctrntav
to:ptCk.
If you need anything else, let me know.
Steven Schneider, NSA. CFP, cliPF
Administrative Lieutenant I 11' Liaison !Records Unit
Emergency Response 21 Preparedness Division
1200 N. Telegraph Rd. Bidg.38E 'Pontiac, MI 48341
Celli 248-431-1538 I Office:248-858-1084
Email: c1uteldens0.3toakgov.com
I Web: ww-w.oakiandsbeniff.coin
CaLto 45-heriff s 0 ice
niloen
ovirFush-yit4,4F ,,s3daddejide day tP..77:,',g, MIV-1/4740.
From: Plir, Gala V
Sent: Wednesday, July 25, 2018 16:27
To: Schneider, Steven E; Wundrach, Christopher W; Yeiser, Russell M; Coleman, Uzbeth 3; Seaman, Loretta M; Feole, Tammy S
Cc: Cunningham, Dale A
Subject: 8E: FY2018 JAG Grant - Additional information needed
RICK SNYDER
GOVERNOR
STATE OF MICHIGAN
DEPARTMENT OF STATE POLICE
LANSING
COL. KRISTE KIBBEY ETUE
DIRECTOR
July 25, 2018
Sheriff Michael J. Bouchard
Oakland County Sheriff's Office
1200 North Telegraph Road
Building 38E
Pontiac, Michigan 48341
Subject: National Incident Based Reporting System
Dear Sheriff Bouchard:
Please accept this letter as verification that your agency, Oakland County Sheriff's Office, has submitted
a complete twelve months of crime data for 2017 to the Michigan Incident Crime Reporting (MICR)
program, per Public Act 319 of 1968, as amended.
The data received within the MICR program is submitted monthly, from the Michigan State Police, to the
National Incident Based Reporting System (NIBRS) at the Federal Bureau of Investigation (FBI). The
Oakland County Sheriff's Office crime statistics were published in the FBI's 2016 Crime in the US. and
are expected to be published in the 2017 Crime in the U.S.
As Michigan's Uniform Crime Reporting Program Manager, I verify that this is accurate.
If you have questions, please feel free to contact me at 517-284-3316 or at JenkinsM9@michigan.gov .
Sincerely,
dilowx‘S
Monica Jenkins, Manager
Michigan Incident Crime Reporting Unit
Criminal Justice Information Center
MICHIGAN STATE POLICE HEADQUARTERS • 7150 HARRIS DRIVE • D4MONDALE, MICHIGAN 48821
MAILING ADDRESS • P.O. BOX 30634 • LANSING, MICHIGAN 48909
www.michigan.govirrisp • 517-332-2521
ApprisTed: ON.03 No_ 112132c.,
ar=:e_ 77 7`
S,DEPARES,IENT OE JUSTICE
IFF1, E -c T1 "-
Bach ground
Repben:s+:.firiancial r.7-ige.Fient sy..E er al .cor f --1st meoat oeairi
set out in the 'Part 20D Uniform: Requirements- (2..C.F..R. Fart 2804
triCIU ding at.a minimum, the financial management system .of each CUP award re.cipient must proOde
for the following:
(1)Identification,ir its accounts, of all Federal awards received and expended and the Federal programs under
which they were 'received, Federal :program and Federal award ident ,fica.fon must include, as applioable, the
CF.IDA title and number, Federal award identific,aifon intirnbar and yeas, and the name of the Federal agency.
(2)Accurate, current, and complete discieSUra of the :5:nail:Dial results:ofeach Federal award or program.
ruk`) Records that identify a.dequately the source and application of funds for Federally-funded acbvirtes. These
records m•ust contain information pertaining to Federal. aw.ards-, authonzations, obli.gations, unongated
.batances, assets, EXpenclitures, income, and interest, and besupported by source documentait:on...
(.4)Effective control over, and accountability for. ail funds, property, and other assets. The recipient must,
adequately safeg-uand 20 assets and assure that they are used solely - For authorized purposes ,.
Comparison of expenditures with budget amounts tor-es:oh Federal award,
(5)Written procedures to document the receipt and disbursemeniof Fed funds including procedures to
mrnize the time elapsing between the transfer -of funds from the United States Treasury and the disbursement
by the CUP recipient.
7)Wrillen procedures for determining the allowability:of costs. in accordance with both the _!-e
the Federal award and the cost principles to apply to the Federal award.
Siether-impoita..mt requirements related to retention requirements for records, use of open and machine readable .
form a:s in records, and certain Federal :lig its.of access to award-re::a.i.ed records anci recipieM personnel.
• • • • • • • • • •
Its, lue.ng t1705.e
a and conditions- of
1, Name of Organ:tathon and A.ddrek:s-:
-Organization Name.:Call hr./ of Oat iar16
Streett: 1210G Pontiac Lake PA1
Street2:
City:
lioll.cHAGAN:.•
Zip Code: """ •
2_ Authorized Reveser:tati've's Name and Title:
vrtn Middle Name:
Last Nan-1 Suffix: ..• on kiss-
Title' rtgitai•ervice$::Offfeer:
3. Fhort 4.. Fax:: . t,248):
5, Email: .1y.../rthistifrnak0GY.00-111
ff. Year Estansne• Employer ;dontifcation I 8. 7:113,d Nu•mber.
1820 1362003E2 336004876
L a) 15 the app,:i ,carti. emilty a nonprofit orga.nization (including a nonprofit institution of nigher a
described in 25 U.S..C.E.G1(c)(3) and e.xernpt from .tasation under 25 1(a? 0 yea
CM,
No
if R)' skip to Question HI,
if 'Yee, complete Questions g, b) an:
. ..........
El None I none,, :Skip to question
Disclaimer, Grdrig Concern
or Adverse OplinIons
El :silt-A: No audits as -
described above
DEPARD,wrr OF JUSTICE
OFFICE OF 31151ICE PROOK:VviS
Approved; OMB- No., 1.3.21-0379
Expires I ll0:202,3
b) Does the applicant nonprofit organization maintain offshore accounts for
The purpo:se of a.volding paying the -tax -des.cribed in 25 U.S.C. 51•li (a)?
9, cyiNith respect -to the :most necent year ii which the , applicant noripret
ongariza.tion was required to .file a tax return, does the applicant non: rot"it
organization believe (or asser4that it satistes the requirements of 25 C.F.P..
(which relate to the reason,ablen.ess of compensation -of certain
individuals)?-
-"lies", refer to "Additional Atta:chinents" under I'Vhat.An Application Should
'Include' in the OJP solicitationl,arapplication guidance) under witioh the
applicant is submitting its application, if the solichatiordguidarice describes the
'Disclosure of Process related to Executive Compensation, the applicant
nonprofit organi:zaton must provide — as an attachment to its appllcation — a
.disclo.sure. that salistes the -minimum requirements as describb.d by 0,JP,
For :purposes of this questionnaire, an 'audit" is conducted by an independent, external auditor using generally
oz-epted auditing standards (GAA.a.) or Generally Governmental Auditing Standards (GAGA.S)„, and results in an
audit report will an opinion..
1 D. 1-has the applicant entity undergone any Of the following types of atiditis)(Flease &heck all thatapply):
T'Llingle Audit' under .0M:B or Subpart F of 2 C.F.R. Part.20D
FManclal Statement Audit
DeerIZAa C,Drigrac4 Agenr4 Audit (.0.C.AA)
(ii-s.t type o:.audi:t):
AUDITOR'S OPINION
On the most recent au.dit, what was the au
Unqualified Opinion Qualified Opinion
:ter the number of findings if none, enter'D'::.:
:ter the dcflar amount of questioned costa i none enter Di: $J :
Were material Weakr'e55ES noted in the repOrt or -
-d?i-the fclilo,V;ng best de-scr L.:.?3. :he applicant entity's accounting system:
Manual E Automated Jrnbination of manual and autom.ated
14. Does the applicant entity's ,accounting: system have the capability to
identify the receipt and expenditure. of -award funds separately for each
Federal a="0i ard?-
=1--. Yes El No El Not Sure
r's opinion?
: Yes El No
Yes 1. I No 11 Not Sure
Does the applicant entty's accounting -system have the -capability -to
ecord ekperiditures for each Federal award by the budget co-st categories-
s-hown in the aopFoved budget?
15. Does .the applicant entity's accouribng system have- the capability to
record cost sharing ("match') separalety for each Federal award, and
maintain documentatio.n to support recorded match or cost share,?
, Yes E E Not Sure
s El No Not Sure
U. DET,(ARTME,IT OF MS=
OFFICE OF FUSTICE. PROGRAMS
Apprcri.ted, DNS- :321-a;IP
Eripires 11]..3-0217 .20
Ei Not Sure 17_ Does the applicant e.nthy's accounting system have the capability to
locurate.ly .track empiioyees actual tithe spent perfClifnitlg work thr each federal
award, and to accuratey allocate charges .thr -employee sa(aries and wages .
for each: federal award, and maintain_ records to supportthe actual time -spent
and :specific allortation of charges associated with ea:ch applicant employee?
IS. Coes. the applicant entity's accounthg system include budgetary controls
to preclude the applicant entity from incurring: obligations or costs that exceed
the amount of funds available under a federal award (the total amount of the
award, as well as the amount available in each :budge• cost categoryr
Is applicant entity familiar with .the "cost principles" that apply to recen
rd future federal awards, including the general and speciffc principles set dui
in 2 OFR _Fart 2g0?
:
1:1 Not Sure
PROPERTY STANDARDS AND -PROCLI REMENT STANDARDS
2g. Does .the t-•ppcart entity's property management sy iis maintain :he
.thilawing information cI7 properOf purchased wth. federal award funds (1).a
description of the property; (2), an :idtentic,ation -number; (3) the source of
funding far the property, including the award number; ,(4)who holds title; (5)
acquisition date; (D) acquisition cost; (7) fe.i.-teital share of the acquisidon , post
0} iodation. and condition of the popery; t , ultimate disposition information?
2t Does the applicant. enti4 maintain written policies and procedwres for
procurem-em transactions that — Mare designed to avoid iunniacess.ary -or
duplicative -purchases; l',2) provide for analysis of lease versus purchase
alternatives, (.3) set out a process for soliciting: goods arid services„ and -(4)
include standards of conduct that address coniTcits of interest?
22. a) Are the applicant entity's procurement policies and proc edures
designed to ensure that procurements are cionducted in a _manner that
provides full and open competition to the extent practicable, and to avoid
practees. that restrict competition?
22. Li) Do the applicant entity's procurernenl. policies and procedures require
documentation of the history of a procurement, iicoluding the rationale for the
method of procurement, selection of contract type, selection on -ejection of
contractors, and basis for the contract price?
t Yes Not _Sure
Sure
23. Does the applicant entity have writen poll -pie:5 and procedures designed
to prevent the applicant .entity from entering- into a procurement .contract.
under a federal award with any entity or Indlit,,idual .that Is suspe.nded or
debarred from 5tich; contracts, including, provisions for check ,ing the 'Excluded
Parties List" system (www.sarn.gov5for suspended or debarred sub-grantees.
and contractors, prior to iire; ?
No E Not:Sure
TRAVEL P L ICY
24, Does the applicant_ entity:
-(a) maintain a standard travel policy?
Yes
(b) adhere to the. Federal Travel Fegulation (FIR)? Yes
SUBR ECIPIENTNANAGEMENT.A11DM ON ITO RING.- .
25. Does the :applicant entity have writer policies, prou-ted tires., andthr
guidance designed toensure -that any subzwards made by the applicant
Lentity under a federal award -- (1)..clearly document applicable federal
requirements, (2) are appropriately monitored by the applicant, and (3)
comply with the requirements in 2 CFR Fart MD- (see 2 CFR 2DiD.331)?
Yes Li
0 A - .k.oplioant does not .make
.subawards under any DJP
avitards-
Yes ri Not Sure
If n'es', pcovAe the follong:
{a) Narnefs) of the federal awarding agency:
(t.) Datel,s:., the agenc citified Inc aop•licart entity of the "higth risk" deskrhationt
Ki Contact inffcriratio
Name:
Phone.:
high risk for the point of contact :at the federa— e ncy
.o.Qt by the federal agency: (dr Reason for "hi. ;:sk:•"- status, as
ILyrviSpaf8s....
e.cutive Director hief Finanoial Officer
Date:: 2018-07;25
Chaiman
:Ffstal 'Services Offir
Phorte:1(24: 4.85BA)940
u. DEPARINENT OF TM-EKE
FFiCE OF 31r:ICE PROGRAMS
ApprovedoOMS.No.
apires- ,S11-:::,132CT
: ••
Z5. .1s. the :applic•nt entity aware of the differende.• between subawards under
5a-rietal- ayfards and pnocurernent contra.ots under .federaI awards.., including
orient roles and responsibilities associate:A*1n each?
.27. aDe5 the applicant entity haye written piallcies and procedures designed
to prevent the applicant entity -from maki-ng subawa..rd under a .federal
-award •to..any entity or i:nrclividual is. skJspendecl or ciebarred .from such
isdbatfarcis?
Not &ire
- Applicant does not rna..ke
.subawards .under .any CUP
awards
Yes. El No Not Sure-
NJA - Applicant does not make
subawards under any -0.4R
awards
DESIGNATION AS 'HIGH-RISK BY OTHER FEDERAL AGENCIES
26_ is the applicar.itentity designated 'high Tisk-' by a %der-al. grant-rnaking
agency outside of 1:10J? (High risk includes any status under Which a •federat
awarding agency .provides additional! oversight .due to the applicant's past
p.edomance, or other prograimmatio or financiaf concerns with the applicant...)
...CERTIFICATION .011:BEHALF OF THE APPLICAtIT :ENTITt.
traust be.trade..bY tinechielexer_Vtive,..executive:director,•ichlet .rma.ncial:officerL deSig:nyled 7auit9brized
• • • .representathieV'AOR."):,.o:r.other offiCial -with •the re.r.luisite:knowbe&ge....and aulhority;
On behalf of the applicant certify to the US.. De.,pa.rtment CiT justice that title inforntation proi.,r1ded aboye
compfate and correct to the best of my knowiledge. Inave the red:u:Site. authority .and lrformalion to make ths
ceriffication on behalf of the applicant entity.
Catalog of Federal Domestic Assistance (CFDA) # 16,738
Program: Edward Byrne Memorial Justice Assistance Grant Program
Federal Awarding Agency: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance
Application Number: 2018-P12855-MI-DJ
Fiscal Year 2018 Interlocal/Subrecipient Agreement between
the County of Oakland and the City of Pontiac
Data Universal Numbering System (DUNS) #:831471144
This Interlocal/Subrecipient Agreement (this "Agreement") is made between the Governmental
Entities, Constitutional and Municipal Corporations in the State of Michigan, whose names are
listed in Exhibit A.
In consideration of the mutual promises, obligations, representations and assurances in this
Agreement, the Parties agree as follows:
1. Purpose of Agreement
The Parties to this Agreement, the County of Oakland and the City of Pontiac, are
Governmental Entities. They have been, are, or may be certified as disparate by the
Bureau of Justice Assistance (BJA) Edward Byrne Justice Assistance Grant (JAG)
Program. As required by BJA, the Parties enter into this Agreement to acknowledge their
intention to submit a joint application for the aggregate JAG Program funds that may be
available to them in FY 2018.
2. Additional Background and Naming Conventions
2.1. Pursuant to an intergovernmental law enforcement services agreement, Oakland
County ("County"), through its Sheriff's Department, provides law enforcement
services for the City of Pontiac ("Pontiac"). The intergovernmental law
enforcement services agreement sets forth the duties of the County and Pontiac
and the fees Pontiac shall pay for such services.
2.2. In addition, by this Agreement, Pontiac authorizes, and the County agrees to
assume responsibility for making application for the JAG grant on behalf of
Pontiac, The County shall be solely responsible for identifying how JAG grant
funds allocated to Pontiac should be used for Pontiac law enforcement purposes
and complying with grant reporting and other requirements. Oakland County,
through its Sheriff's Department, assumes responsibility for accepting and using
JAG grant funds on behalf of the City of Pontiac.
2.3. In this Agreement, reference to a "Party" is reference to each and every
Governmental Entity identified in Exhibit A. A reference to "Parties" is a
reference to all the Governmental Entities listed in Exhibit A. Use of a
Governmental Entity's proper name shall mean that Governmental Entity
specifically. Use of the term "Pontiac Delegee" shall mean the County of
Subrecipient Agreement
JAG Grant Application 2018-H2855-MI-DJ 1
Oakland, acting on behalf of the City of Pontiac, for purposes of this Agreement.
3. Definitions
3.1. Agreement means the terms and conditions of this Agreement, any Exhibits to
this Agreement, and any other mutually agreed upon written modification,
amendment, or addendum signed by the Parties to this Agreement.
3.2. Bureau of Justice Assistance (BJA) Edward Byrne Justice Assistance Grant
(JAG) Program means the Grant program of the U.S. Department of Justice,
Office of Justice Programs, Bureau of Justice Assistance, by which Federal finds
are made available to support all components of the criminal justice system,
including any one or more of the following:
• Law enforcement programs, prosecution and court programs
• Prevention and education programs
• Corrections and community correction programs
• Drug treatment and enforcement programs
• Planning, evaluation, and technology improvement programs
• Crime victim and witness programs (other than compensation)
• Mental health programs and related law enforcement and corrections
programs, including behavioral programs and crisis intervention teams
3.3. The Grant or Grant means the funds awarded to the Governmental Entities
pursuant to BJA Grant Application number 2018-H2855-MI-DJ submitted to the
Edward Byrne Justice Assistance Grant (JAG) Program by the County of Oakland
on behalf of itself and the Governmental Entities identified in Exhibit A.
3.4. Disparate Certification
For the purposes of this Agreement, a disparate allocation occurs when both a
county and a municipality within that county qualify for a direct award, but the
award amount for the municipality exceeds 150 percent of the county's award
amount. As used in this Agreement, "certified as disparate" means that the
Parties to this Agreement fit the criteria described in this section.
3.5. Claim means any alleged loss, claim, complaint, demand for relief or damages,
cause of action, proceeding, judgment, deficiency, liability, penalty, fine,
litigation, costs, and/or expenses, including, but not limited to, reimbursement for
attorney fees, witness fees, court costs, investigation expenses, litigation
expenses, and amounts paid in settlement, which are imposed on, incurred by, or
asserted against the Fiscal Agent or Governmental Entity, as defined herein,
whether such claim is brought in law, equity, tort, contract, or otherwise.
3.6. Fiscal Agent means the County of Oakland, a constitutional Corporation more
fully described below.
Subrecipient Agreement
JAG Grant Application 2018-H2855-MI-DJ 2
3.7. County of Oakland ("County") includes any and all departments, divisions,
commissioners, elected and appointed officials, boards, councils, directors, board
members, council members, authorities, committees, employees, agents,
subcontractors, volunteers and/or any such persons' successors("Agents").
3.8. City of Pontiac ("Pontiac") includes any and all departments, divisions,
commissioners, elected and appointed officials, boards, councils, directors, board
members, council members, authorities, committees, employees, agents,
subcontractors, volunteers and/or any such persons successors ("Agents"), and
includes an emergency manager, if any.
3.9. Pontiac Delegee means the County of Oakland ("County"), through its Sheriffs
Office, which has agreed to provide law enforcement services for the City of
Pontiac (Pontiac) pursuant to an intergovernmental law enforcement services
agreement which sets forth the duties of Pontiac and the County and the fees
Pontiac shall pay for such services. The Pontiac Delegee is authorized by this
Agreement to apply for, accept, and administer JAG grant funds on behalf of
Pontiac. All decisions regarding the identification of law enforcement needs for
the purposes of making JAG grant application shall be made exclusively by the
Pontiac Delegee.
4. Exhibits
4.1 Exhibit A: Governmental Entities Certified as Disparate by the Bureau of Justice
Assistance for Purposes of Applying for Edward Byrne Justice Assistance Grant
Funds.
4.2 Exhibit B: Grant Fund Allocations.
4.3 Exhibit C: Edward Byrne Memorial Justice Assistance Grant Program FY 2018
Local Solicitation.
5. Terms
5.1. Pontiac Delegee Authorization. The Pontiac Delegee is authorized by this
Agreement to apply for, accept, and administer JAG grant funds on behalf of
Pontiac. All decisions regarding the identification of law enforcement needs for
the purposes of making JAG grant application shall be made exclusively by the
Pontiac Delegee.
5.2. Grant Compliance. The County (either on its own behalf or in its capacity as
Pontiac Delegee) and Pontiac agree that any and all funds granted to them
pursuant to the joint Grant application to the Bureau of Justice Assistance (BJA)
Edward Byrne Justice Assistance Grant (JAG) Program shall be used by them
only as described in the Grant application, only according to the provisions in the
Grant agreement and its amendments, if any, in accordance with all Federal
statutes and regulations applicable to the Grant, in accordance with the Office of
Subrecipient Agreement
JAG Grant Application 20184-12855-MI-DJ 3
Management and Budget (OMB) Guidance in 2 C.F.R. Part 200 (the "Part 200
Uniform Requirements"), as adopted and implemented by the Department of
Justice ("DOI") in 2 C.F.R. Part 2800, in accordance with the DOJ Grants
Financial Guide, in accordance with the Edward Byrne Memorial Justice
Assistance Grant Program FY 2018 Local Solicitation (Exhibit C), and only in a
manner that will serve the purposes defined in the Grant.
The County (either on its own behalf or in its capacity as Pontiac Delegee) and
Pontiac must, as set out at 2 C.F.R. 200.303:
(a) Establish and maintain effective internal control over the Federal award that
provides reasonable assurance that the County (either on its own behalf or in
its capacity as Pontiac Delegee) and Pontiac are managing the Federal award
in compliance with Federal statutes, regulations, and the terms and conditions
of the Federal award. These internal controls should be in compliance with
guidance in "Standards for Internal Control in the Federal Government"
issued by the Comptroller General of the United States and the "Internal
Control Integrated Framework", issued by the Committee of Sponsoring
Organizations of the Treadway Commission (COSO);
Comply with Federal statutes, regulations, and the terms and conditions of the
Federal awards;
Evaluate and monitor compliance with statutes, regulations, and the terms and
conditions of Federal awards;
Take prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings;
Take reasonable measures to safeguard protected personally identifiable
information and other information the Federal awarding agency, the County
(either on its own behalf or in its capacity as Pontiac Delegee), or Pontiac
considers sensitive consistent with applicable Federal, State, local, and tribal
laws regarding privacy and obligations of confidentiality.
5.3. Grant Assurances, Certifications and Audit Requirements. The County
(either on its own behalf or in its capacity as Pontiac Delegee) and Pontiac agree
that each of them will comply with any and all standard assurances set forth in the
grant application and grant contract; will conform their behavior to the
requirements set forth in the relevant United States Office of Management and
Budget (OMB) circulars, the federal statutes and regulations identified in the
Edward Byrne Memorial Justice Assistance Grant Program FY 2018 Local
Solicitation (Exhibit C), the grant application and grant contract, and will remain
in compliance with the Federal requirements regarding lobbying, debarment,
responsibility, drug free environment, and non-discrimination; and, will conduct
such audits as may be required by the grant application, contract and award of
grant funds.
5.3.1 The Chief Legal Officer of Pontiac shall sign the "Local Government: FY
2018 Certification of Compliance with 8 U.S.C. §§ 1373 & 1644" and the
Subrecipient Agreement
JAG Grant Application 2018-}12855-MI-DJ 4
"Local Government: FY 2018 Certification Relating to 8 U.S.C. §§ 1226
(a) & (c), 1231(a)(4), 1324(a), 1357(a), & 1366(1) & (3) on behalf of
Pontiac, which is attached to this Agreement as Appendix B and Appendix
C to Exhibit C.
5.3.2 The Chief Executive of Pontiac shall sign the "Certifications and
Assurances by the Chief Executive of the Applicant Government" on
behalf of Pontiac, which is attached to this Agreement as Appendix A to
Exhibit C.
5.3.3 The Chief Executive or Financial Officer of Pontiac shall complete and
sign the "OW Financial Management and System of Internal Controls
Questionnaire," which is referenced and hyperlinked on page 16 of
Exhibit C.
5.3.4 Pontiac shall provide responses to the questions in Appendix E
("Information regarding Communication with the Department of
Homeland Security (DHS) and/or Immigration and Customs Enforcement
(ICE)") to Exhibit C.
5.3.5 Pontiac shall complete and sign the "Disclosure of Lobbying Activities
form (SF-LLL)," which is referenced and hyperlinked on page 27 of
Exhibit C.
5.3.6 Pontiac shall complete the Disclosure of Pending Applications that is
described on pages 28-29 of Exhibit C.
5.4. Subreeipient Agreement Requirement. The County and Pontiac acknowledge
that in order to be eligible for the JAG funds, the Federal Government requires
them to enter into this Agreement setting forth their obligations regarding the
management and oversight of Grant funds.
5,5. Subrecipient Agreement Compliance. The County (either on its own behalf or
in its capacity as Pontiac Delegee) and Pontiac agree to abide by the terms and
conditions set forth in this Agreement relating to any and all aspects of the Grant
and management of Grant funds, including but not limited to: receipt of Grant
funds; use of Grant funds; reporting on the use of Grant funds and the
effectiveness of Grant funds in achieving the purposes for which they were
granted. The County (either on its own behalf or in its capacity as Pontiac
Delegee) and Pontiac shall comply with all other requirements established now, or
in the future, by the BJA and as may be required by the BJA or the Fiscal Agent
to achieve the smooth and efficient administration of the Grant, including, but not
limited to, the timely filing of reports as required by the BJA and management of
property and assets acquired with Grant funds.
5.6. Allocation and Obligation of Grant Funds. Any funds granted to the Parties by
Subrecipient Agreement
JAG Grant Application 2018-1-12855-MI-DJ 5
the Department of Justice under the JAG Grant shall be allocated and expended
only as prescribed and permitted by the JAG Grant. Funds allocated for Pontiac
and administered by the Pontiac Delegee shall be directed to and used for law
enforcement goals and objectives within Pontiac. For the grant period October 1,
2017 through September 30, 2021, the total Federal Grant obligation and
allocation for Pontiac and administered by the Pontiac Delegee is ninety seven
thousand, seven hundred eighty-nine ($97,789.00). The sum obligated and
allocated to each Party is set forth in Exhibit B which is fully incorporated herein
by reference. The sum allocated for each Party may be expended over the four (4)
year grant period which extends through 2021. Any interest earned on funds shall
inure to the benefit of the County (either on its own behalf or in its capacity as
Pontiac Delegee).
5.7. Dispersal of Grant Funds. The County agrees to act as Fiscal Agent for any
funds granted to the County (either on its own behalf or in its capacity as Pontiac
Delegee) pursuant to their joint Grant application, including initial acceptance of
funds from the BJA and the dispersal of Grant funds up to the amounts
established by BJA. The County will not charge an administrative fee for acting
as Fiscal Agent pursuant to this Agreement.
5.8. Reporting Obligations.
a. The County (either on its own behalf or in its capacity as Pontiac Delegee)
shall be fully responsible for timely completing any and all compliance
reports required by BJA or timely providing information, in the agreed-upon
format, necessary to complete any and all BJA compliance reports that are or
may be required under the Grant.
b. The County, when acting as Fiscal Agent, agrees that, provided it has received
the required reporting information, it shall be responsible for submitting to
BJA any and all reports and information that may be required in order to
fulfill the conditions of the Grant in a timely manner that fully comports with
the requirements of the Grant. The County will produce reports on the
individual and collective expenditure of Grant funds and remaining balance at
least annually.
c. The County, acting as Fiscal Agent, shall notify Pontiac, at the end of the
County's fiscal year, of the dollar amount of Grant Program funds released to
or for the benefit of Pontiac for that fiscal year. This amount shall include the
dollar amount for equipment purchased with Grant Program funds by the
County on behalf of Pontiac.
d. Pontiac shall comply with 2 CFR Part 200.501 Audit Requirements.
e. Pontiac shall acquire registration with the System for Award Management
(SAM). SAM is the repository for standard information about federal
financial assistance applicants, recipients, and subrecipients. The Office of
Justice Program (OJP) requires that all applicants (other than individuals) for
federal financial assistance maintain current registrations in the SAM
database. Applicants must update or renew their SAM registration annually to
maintain an active status. Information about SAM registration procedures can
Subrecipient Agreement
JAG Grant Application 2018-H2855-MI-DJ 6
be accessed at www.sam.gov .
5.9. Communication. The County (either On its own behalf or in its capacity as
Pontiac Delegee) agrees, upon request, to provide summary information on its
compliance with Grant requirements to Pontiac and to provide other information
that may be required to ensure that the County, as original recipient of the Grant
funds, is able to perform all tasks and activities necessary to satisfy its obligations
as Fiscal Agent under the Grant.
5.10. Equipment and Property Acquisition.
5.10.1 If Grant funds are provided to the County (either on its own behalf or in its
capacity as Pontiac Delegee) to purchase equipment or property, the
County shall be responsible for procuring and paying for the equipment
according to the County's procurement policies or as otherwise required
by the Grant agreement.
5.10.2 If the County is acting on its own behalf, it shall accept title to the
equipment at delivery. If the County is acting as Pontiac Delegee, the
County shall accept and retain title to the equipment for as long as the
County is providing law enforcement services for Pontiac.
5.10.3 The County (either on its own behalf or in its capacity as Pontiac Delegee)
shall be responsible for creating, maintaining and updating a list/inventory
of all equipment purchased with Grant funds, beginning on the date on
which title to the property is transferred to the County (either on its own
behalf or in its capacity as Pontiac Delegee) and ending three (3) years
after the Grant has expired.
5.11. Hiring Employees. The County (either on its own behalf or in its capacity as
Pontiac Delegee) shall complete such reporting requirements regarding hiring as
may be set forth in the grant agreement that will be executed by the County and is
the subject of this Agreement. The County (either on its own behalf or in its
capacity as Pontiac Delegee) agrees to provide, as required by the Grant
agreement, salary certifications and any other detail that may be required for each
and every position.
5.12. Research and Development. No JAG funds will be used for Research and
Development.
5.13. Indirect Costs. No indirect costs shall be charged or reimbursed under
performance of this Agreement.
5.14. Methods for collection, transmission and storage of information. Pontiac
should, whenever practicable, collect, transmit, and store Federal award-related
information in open and machine readable formats rather than in closed formats or
Subrecipient Agreement
JAG Grant Application 2018-H2855-MT-DJ 7
on paper in accordance with 2 CFR 200.335 - Methods for collection,
transmission and storage of information.
5.15. Retention Requirements for Records. Financial records, supporting documents,
statistical records, and all other records of Pontiac pertinent to this Agreement
must be retained for a period of three years from the date of submission of the
final expenditure report. If any litigation, claim, or audit is started before the
expiration of the 3-year period, the records must be retained until all litigation,
claims, or audit findings involving the records have been resolved and final action
taken.
5.16. Access to Records. The Federal awarding agency, Inspectors General, the
Comptroller General of the United States, and the County, or any of their
authorized representatives, shall have the right of access to any documents,
papers, or other records of Pontiac which are pertinent to this Agreement or the
Grant, in order to make audits, examinations, excerpts, and transcripts. The right
also includes timely and reasonable access to Pontiac's personnel for the purpose
of interview and discussion related to such documents. The right of access to
Pontiac's records is not limited to the required retention period but last as long as
the records are retained.
Pontiac shall permit the County and auditors to have access to Pontiac' s records
and fmancial statements as necessary for the Grantee to complete program
monitoring and to meet the requirements in 2 CFR 200.331, 200.300 - 200.309,
and Subpart F of 2 CFR Part 200.
5.17. Remedies for Noncompliance. If Pontiac fails to comply with federal
statutes, regulations or the terms and conditions of this Agreement, the County
may impose additional conditions, as described in 2 CFR §200.207 Specific
Conditions. If the County determines that noncompliance cannot be remedied by
imposing additional conditions, the County may take one or more of the following
actions, as appropriate in the circumstances:
(a) disallow (that is, deny both use of funds and any applicable matching
credit for) all or part of the cost of the activity or action not in compliance;
(b) wholly or partly suspend or terminate the Agreement;
(c) recommend that the Federal awarding agency initiate suspension or
debarment proceedings as authorized under 2 CFR Part 180 and Federal
awarding agency regulations;
(d) withhold farther funds for the project or program;
(e) take other remedies that may be legally available.
5.18. Closeout. The County shall close-out this Agreement when it determines that all
applicable administrative actions and all required work under this Agreement
have been completed by Pontiac. Pontiac shall comply with the closeout
provisions of 2 C.F.R. 200.343 (Closeout).
Subrecipient Agreement
JAG Grant Application 2018-H2855-M1-DJ 8
5.19. Duration. Unless terminated according to the provisions of Sections 5.17 or 5.21
or extended by a signed Amendment to this Agreement, this Agreement shall
expire by its own terms at 11:59:59 on September 30, 2021.
5.20. Office of the Great Seal. The County will file a copy of this Agreement with the
Clerk of the County of Oakland and the Office of the Great Seal of the State of
Michigan, as required by MCL 124.510, after it has been approved pursuant to
resolution of the authorized legislative body of the County and Pontiac and signed
by its authorized representative. Authorization may also be granted by the
signature of an emergency manager, if any.
5.21. Termination for Convenience.
a. The County, acting on its own behalf, may terminate this Agreement on 30
days written notice provided it fully and completely withdraws from
participation in the BJA Grant. Termination does not release the County from
complying with the terms and conditions of the Grant until the date of
termination or for any other period specifically required by BJA.
b. Termination of this Agreement does not release the County (either on its own
behalf or in its capacity as Pontiac Delegee) or Pontiac from any obligations
they may have to the Grantor under the Grant application or Grant agreement
or as otherwise required by the BJA.
5.22. Assumption of Liability. A Party who is non-compliant with the Grant
requirements assumes sole risk and liability for its non-compliance including
liability for any penalties that may be imposed by the BJA or other department or
agency of the Federal Government because of its alleged non-compliance. A non-
compliant Party agrees that it will refrain from any actions to shift or assign
liability or responsibility for its non-compliance onto other Parties to this
Agreement.
The County shall not be responsible or liable to Pontiac if any of the JAG funds
obligated or allocated to Pontiac, as provided in this Agreement, are not awarded,
are disallowed, are ineligible, or are required to be refunded or returned to the
BJA, for any reason. Any ineligible Grant obligations or disallowed costs incurred
by Pontiac shall be the sole responsibility of Pontiac.
5.23. Non-Supplanting. The County (either on its own behalf or in its capacity as
Pontiac Delegee) and Pontiac, by entering into this Agreement, warrant and
represent that the funds for which the County will apply on their behalf will not
supplant or replace other state or local funding allocated to cover the identified
services.
5.24. Other Grant Warranties. The County (either on its own behalf or in its capacity
as Pontiac Delegee) and Pontiac warrant and certify that they are in compliance
with the warranties and certifications required in the Grant application. Pontiac
authorizes the County to make such warranties and certifications on its behalf.
Subrecipient Agreement
JAG Grant Application 2018-H2855-MI-DJ 9
The County (either on its own behalf or in its capacity as Pontiac Delegee) and
Pontiac will fully comply with the warranties and certifications throughout the
term of the Grant and this Agreement. Notwithstanding the above, Pontiac and its
Chief Legal Officer are solely responsible for certifying and warranting that
Pontiac will comply with 8 U.S.C. §§ 1373, 1644, 1226(a) & (c), 1231(a)(4),
1324(a), 1357(a), & 1366(1) & (3).
5.25. No Employee-Employer Relationship. Nothing in this Agreement shall be
construed as creating an employer-employee relationship between any Party
(including any of its Agents or delegees) and any other Party (including any of its
Agents or delegees).
5.26. No Indemnification. The County, on its own behalf, shall be responsible for its
own acts and/or omissions and the acts and/or omissions of its Agents.
Indemnification between Pontiac and the County is as set forth in the law
enforcement services agreement between them. Nothing in this Agreement shall
be construed as creating an obligation to indemnify or defend any other Party or
Parties for any Claim, damage or liability arising out of or stemming from any act
or action of a Party or delegee.
5.27. No Third Party Beneficiaries. Except as provided for the benefit of the County
(either on its own behalf or in its capacity as Pontiac Delegee) and Pontiac, this
Agreement does not and is not intended to create any obligation, duty, promise,
contractual right or benefit, right to indemnification, right to subrogation and/or
any other right in favor of any other person or entity.
5.28. Reservation of Rights. This Agreement does not, and is not intended to impair,
divest, delegate, or contravene any constitutional, statutory, and/or other legal
right, privilege, power, obligation, duty or immunity of the County (either on its
own behalf or in its capacity as Pontiac Delegee) and Pontiac. Nothing in this
Agreement shall be construed as a waiver of governmental immunity.
5.29. Agreement Modifications or Amendments. Any modifications, amendments,
rescissions, waivers, or releases to this Agreement must be in writing and signed
by the County (either on its own behalf or in its capacity as Pontiac Delegee) and
Pontiac.
5.30. No Implied Waiver. Absent a written waiver, no act, failure, or delay to pursue
or enforce any rights or remedies under this Agreement shall constitute a waiver
of those rights with regard to any existing or subsequent breach of this
Agreement. No waiver of any term, condition, or provision of this Agreement,
whether by conduct or otherwise, in one or more instances, shall be deemed or
construed as a continuing waiver of any term, condition, or provision of this
Agreement. No wavier by any Party shall subsequently affect its right to require
strict performance of this Agreement.
Subrecipient Agreement
JAG Grant Application 2018-H2855-MI-DJ 10
5.31. Severability. If a court of competent jurisdiction finds a term or condition of this
Agreement to be illegal or invalid, then the term or condition shall be deemed
severed from this Agreement. All other terms, conditions, and provisions of this
Agreement shall remain in full force and effect.
5.32. Discrimination. The County (either on its own behalf or in its capacity as
Pontiac Delegee) and Pontiac shall not discriminate against their employees,
agents, applicants for employment, or another person or entities with respect to
hire, tenure, terms, conditions, and privileges of employment, or any matter
directly or indirectly related to employment in violation of any federal, state or
local law.
5.33. Permits and Licenses. The County (either on its own behalf or in its capacity as
Pontiac Delegee) and Pontiac shall be responsible for obtaining and maintaining,
throughout the term of this Agreement, all licenses, permits, certificates, and
governmental authorizations necessary to carry out its obligations and duties
pursuant to this Agreement.
5.34. Delegation/Subcontract/Assignment. The County (either on its own behalf or in
its capacity as Pontiac Delegee) and Pontiac shall not delegate, subcontract,
and/or assign any obligations or rights under this Agreement without the prior
written consent of the BJA Edward Byrne Justice Assistance Grant (JAG)
Program and notice of such consent to the County acting as Fiscal Agent.
5.35. Survival of Terms. The following sections shall survive termination of this
Agreement: Grant Compliance; Reporting Obligations; Retention Requirements
for Records; Access to Records; Reservation of Rights; Governing Law;
Severability; No Indemnification; Equipment and Property Acquisition; Closeout;
and Survival of Terms.
5.36. Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original and all of which shall constitute but one and the same
instrument.
5.37. Knowledge of Terms and Conditions. The County (either on its own behalf or
in its capacity as Pontiac Delegee) and Pontiac have fully reviewed the terms,
conditions and requirements of the Grant and this Agreement and accept that the
obligations set forth in those terms, conditions and requirements apply fully and
completely to them regardless of the amount of each individual Grant or
percentage of the full dollar amount granted by BJA. The County (either on its
own behalf or in its capacity as Pontiac Delegee) and Pontiac each acknowledges
its obligation to fulfill those conditions, requirements, and obligations in order to
comply with Grant requirements.
5.38. Notice. Notices given under this Agreement shall be in writing and shall be
personally delivered, sent by express delivery service, certified mail, or first class
Subrecipient Agreement
JAG Grant Application 2018-H2855-MI-DJ 11
U.S. mail, postage prepaid and addressed to the contact persons listed in Exhibit
A. Notice will be deemed given on the date when one of the following first
occurs: 1) the date of actual receipt; 2) the next business day when notice is sent
express delivery service or personal delivery; or 3) three days after mailing first
class or certified U.S. mail. A Party may change the contact person by notifying
the other Party in writing.
5.39. Governing Law. This Agreement shall be governed, interpreted, and enforced by
the laws of the State of Michigan, without regard to Michigan's conflict of laws
provisions.
5.40. The County (either on its own behalf or in its capacity as Pontiac Delegee) and
Pontiac have taken all actions and secured all approvals necessary to authorize
and complete this Agreement. The persons signing this Agreement on behalf of
The County (either on its own behalf or in its capacity as Pontiac Delegee) and
Pontiac have legal authority to sign this Agreement and bind the Parties to the
terms and conditions it contains.
5.41. Entire Agreement. This Agreement represents the entire Agreement between the
Parties for JAG grant applications for fiscal year 2018 and supersedes all other
Agreements between The County (either on its own behalf or in its capacity as
Pontiac Delegee) and Pontiac governing the matters described here, limited to
JAG Grant Application Number 2018-H2855-MI-DJ for fiscal year 2018. The
language of this Agreement shall be construed as a whole according to its fair
meaning, and not construed strictly for or against any Party.
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, pursuant to the requirements of the Edward Byrne Justice Assistance Grant (JAG)
Program that, in order to make application for Grant funds that may be available, the Parties
enter into this Agreement.
For the City of Pontiac
(print name) Date
For the County of Oakland:
(print name)
Date
Subrecipient Agreement
JAG Grant Application 2018-H2855-MI-DJ 12
Exhibit A
List of Governmental Entities Certified as Disparate by the Bureau of Justice Assistance
for Purposes of Applying for Edward Byrne Justice Assistance Grant Funds
State Jurisdiction Name
MI OAKLAND COUNTY
MI PONTIAC CITY
Subrecipient Agreement
JAG Grant Application 2018-H2855-MI-DJ 13
Exhibit B
Grant Fund Allocations
Jurisdiction Name
Allocation
OAKLAND COUNTY
$26,711
PONTIAC CITY $97,789
TOTAL $124,500
Subrecipient Agreement
JAG Grant Application 2018412855-MI-DJ 14
Exhibit C
Edward Byrne Memorial Justice Assistance Grant Program
FY 2018 Local Solicitation
Subrecipient Agreement
JAG Grant Application 2018-H2855-MI-DJ 15
FISCAL NOTE , (MISC. #18305) August 22, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: SHERIFF'S OFFICE - 2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) PROGRAM SUBRECIPIENT AGREEMENT AND GRANT APPLICATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Oakland County, along with the City of Pontiac classified as a disparate jurisdiction, has been
allocated $124,500 from the U.S. Department of Justice, Office of Justice Programs for funding
under the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program.
2. The grant funding period is October 1, 2017 through September 30, 2021.
3. The grant application requires the adoption of a subrecipient agreement between Oakland County
and the City of Pontiac which is included as part of the application packet.
4. The funding is based on Federal allocation and will be distributed as follows: Oakland County
Sheriff's Office $26,711 and the City of Pontiac (via contract with the Sheriff's Office) $97,789.
5. The requested grant funding will be used to purchase TASERs for the Sheriff's Office and Sheriff
overtime hours for the City of Pontiac.
6. There is no grant match requirement.
7. Oakland County will serve as fiduciary and lead agency for the entire award.
8. A budget amendment is not required at this time as this is the application phase for the grant.
Cdmmissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Zack and Long absent.
Resolution #18305 August 22, 2018
Moved by Long supported by Zack the resolutions (with fiscal notes attached) on the amended Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Bowman, Crawford, Dwyer, Fleming, Gershenson, Hoffman, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Berman. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on August 22,
2018, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 22nd day of August, 2018.