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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF CONTRA COSTA
AND PARTICIPATING CONTRA COSTA COUNTY LOCAL GOVERNMENT AGENCIES
FOR THE DISTRIBUTION OF:
REGULAR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) GRANT - 2024
THIS MEMORANDUM OF UNDERSTANDING is made and entered as of this 1st Day of October, 2023, in the County of Contra Costa , State of California, by and between the Undersigned Local Government Agencies acting by and through their respective governing bodies, related to the regular Edward Byrne Memorial Justice Assistance Grant (JAG) Grant – 2023 funds.
WHEREAS, the Federal government has made funds available under the FY24 (BJA – JAG State and JAG Local) Title 1 of Pub. L. No. 90 -351 (generally codified at 34 U.S.C. 10 101- 10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 – 10158); see also 28 U.S.C. 530C(a).
WHEREAS, Contra Costa County has been designated as a disparate jurisdiction, that status requiring the submittal by all the undersigned parties of a single joint application for the total eligible allocation pursuant to a Memorandum of Understanding between all parties; and
WHEREAS, the Contra Costa County Office of the Sheriff will serve as the applicant FISCAL AGENT , and GRANTEE, for the joint funds (hereafter, the “GRANTEE/FISCAL AGENT”), and the other local government signatories shall be subgrantees (hereafter, each a “SUBGRANTEE”, and collectively the “SUBGRANTEES”); and
WHEREAS, by this Memorandum of Understanding (M.O.U.) all parties agree to be bound by its terms; and
WHEREAS, all parties are required to allocate the grant funds among themselves;
NOW, THEREFORE, the parties hereto agree as follows:
1. Duration of Term . The term of this Agreement shall commence on OCTOBER 1, 2023, and shall end on SEPTEMBER 30, 2027, plus any necessary period for reports, audits, and other post -grant compliance, unless extended by mutual agreement in accordance with any extension approved by the U.S. Department of Justice, Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA).
2. Length of Award. Grant award is made the first fiscal year and may be expended during the following three (3) years, for a total of four (4) grant period years.
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3. Allocation Amounts. The GRANTEE/FISCAL AGENT and SUBGRANTEES will receive allocations as listed:
Contra Costa County $23,061
City of Antioch $43,462
City of Concord $41,920
City of Richmond $73,227
TOTAL $181,670
4. Administrative Fee. Notwithstanding the above paragraph ( 3) above, an administrative fee of five percent (5%) will be deducted for each disbursement under this agreement and shall be paid to the GRANTEE/FISCAL AGENT.
5. Use of Funds. SUBGRANTEES agree that they shall only expend these funds for anyone of the purpose listed in the “Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2024 Local Solicitation” as follows:
(a) Use for state and local initiatives, (b) technical assistance, (c) training, (d) personnel, (e) equipment, (f) supplies, (g) contractual support, (h) information systems for criminal justice, and (i) criminal justice-related research and evaluation activities that will improve or enhance:
- 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.
6. Prohibited Uses. Grant funds may not be expended outside of the grant purpose areas as stated above in paragraph (5). Additionally, grant funds may not be used directly or indirectly for security enhancements or equipment for non -governmental entities who are not engaged in criminal justice or public safety.
Furthermore, grant funds may not be used directly or indirectly to provide for any of the following matters unless BJA certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order:
1. Vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters).
2. Luxury items.
3. Real estate.
4. Construction projects (other than penal or correctional institutions)
5. Any similar matters.
7. Additional Requirements: SUBGRANTEES have read , understood, and agree to the rules and requirements as listed in the “Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2024 Local Solicitation .” Including but not limited to compliance with Executive Order 12549, System Award Management Debarment and Suspension (SAM), and all applicable Federal statutes, regulations, guidance, and orders, including previous OMB guidance under OMB Circular A -102 ( Grants and Cooperative Agreements With State and Local Governments), OMB Circular A -87 (Cost Principles for State, Local and Indian Tribal Page of 30 3
Governments), and OMB Circular A -133 (Audits of States, Local Governments and Non -Profit Organizations), which have been combined in 2 CFR 200, effective December 26, 2014. In addition, 2 C.F.R. Part 2867 (Non -Procurement Debarment and Suspension), 28 C.F.R. Part 83 (Drug-Free Workplace Act common rule), 28 C.F.R. Part 69 (Byrd Anti -Lobbying Amendment common rule) specifically apply.
For more information and resources on the Part 200 Uniform Requirements, see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
8. Reporting Requirements. Under this grant, quarterly financial status reports, quarterly performance metrics reports, and an annual progress report must be submitted to the Bureau of Justice Administration.
SUBGRANTEES agree to submit the quarterly reports to the GRANTEE/FISCAL AGENT no later than the following dates, for the term of the grant:
▪ January 15 for the Quarter: October 1 through December 31 ▪ April 15 for the Quarter: January 1 through March 31
▪ July 15 for the Quarter: April 1 through June 30
▪ October 15 for the Quarter: July 1 through September 30
The SUBGRANTEE’s quarterly report shall contain a detailed list of all projects or activities for which grant funds were expended or obligated, including:
a. the name of the project or activity;
b. a description of the project or activity;
c. an evaluation of the completion status of the project or activity, to include the status of performance measures;
d. an estimate of the number of jobs created and the number of jobs retained by the project or activity; and
e. with respect to infrastructure investments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds available through this grant, and name of the person to contract.
SUBGRANTEES are required to submit quarterly reports if no activity occurred during the quarter.
SUBGRANTEES will be required to submit quarterly reports throughout the terms of the grant even if all grant fund allocations have been expended.
9. GRANTEE/FISCAL AGENT Responsibilities. The GRANTEE/FISCAL AGENT shall be responsible for submi ssion of the application, receipt of the funds, and administration of the funds including: distributing the funds; monitoring the award; submitting reports including performance measures and program assessment data; providing ongoing monitoring and oversight of any SUBGRANTEE of the funds, and audit responsibilities.
10. Disbursement. SUBGRANTEES shall submit to the GRANTEE/FISCAL AGENT all documentation that may be reasonably required to support reimbursement of expenditures and audit reviews. The GRANTEE/FISCAL AGENT will submit the reimbursement documentation to OJP through established reporting processes. GRANTEE/FISCAL AGENT will disburse funds upon receipt of the reimbursement funds from OJP. On no occasion will GRANTEE/FISCAL AGENT advance funds. Each disbursement to SUBGRANTEES will have deducted the 5% administration fee.
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11. Record-Keeping and Audits. GRANTEE/FISCAL AGENT and SUBGRANTEES shall establish and maintain accurate files and records of all aspects of the grant projects, property, programmatic and financial records in accordance with the grant record requirements indicated at 2 C.F.R. 200.333 . SUBGRANTEES agree they shall co -operate fully and shall permit the GRANTEE/FISCAL AGENT, its employees and authorized representatives to inspect, audit, examine and make copies, excerpts and transcripts from documents related to the grant, as needed. Failure to do so will allow the GRANTEE/FISCAL AGENT to withhold funds until the compliance by the SUBGRANTEE.
12. Disallowance. SUBGRANTEES agree that if an individual SUBGRANTEE claims or receives reimbursement from the GRANTEE/FISCAL AGENT for an expenditure which is later disallowed by the federal government, th at individual SUBGRANTEE shall promptly refund the disallowed amount to the GRANTEE/FISCAL AGENT upon the GRANTEE/FISCAL AGENT ’s request. At its option, the GRANTEE/FISCAL AGENT may offset all or any portion of the disallowed amount against any other payment due to the individual SUBGRANTEE, hereunder.
Any such offset with respect to a portion of the disallowed amount shall not release the individual SUBGRANTEE from the obligation hereunder to refund the remainder of the disallowed amount.
13. Mutual I ndemnification. GRANTEE/FISCAL AGENT agrees to indemnify and hold harmless SUBGRANTEES for the GRANTEE/FISCAL AGENT’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, arising out of the willful misconduct or the negligent acts, errors or omissions of the GRANTEE/FISCAL AGENT in the performance of this Memorandum of Understanding.
SUBGRANTEE agrees to indemnify and hold harmless the GRANTEE/FISCAL AGENT for the SUBGRANTEE’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, arising out of the willful misconduct or the negligent acts, errors or omissions o f the SUBGRANTEE, its officers or employees.
This Memorandum of Understanding (M.O.U.) may be executed in counterparts including facsimile, and all counterparts, shall constitute one agreement, binding upon all parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this M.O.U. to be duly executed as of the date first specified herein. Each person signing this M.O.U. warrants that he or she has full and complete authority to sign this M.O.U. and binds the governmental agency for which he or she signs.
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Special Conditions
• As allowable under Federal guidelines, procurement of equipment must follow local policies and procedures for competitive purchasing (provided they are not in conflict with Federal regulations which supersede them). If sole source approval is needed, sub -recipient must transmit the request to the Contra Costa County Office of the Sheriff. • Prior to reimbursement, sub grantee must submit an equipment ledger that includes a list of all equipment purchased by JAG funds and the deployed locations. • Subgrantee must submit a signed certification that JAG funds may be used to purchase vests for an agency, but they may not be used as the 50% match for the purposes of the Bulletproof Vest Partnership (BVP) program.
• Ballistic-resistant and stab -resistant body armor purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http://nij.gov). In addition, sub -recipient must show proof to Contra Costa County Office of the Sheriff that ballistic -resistant and stab -resistant body armor purchased must be American-made.
• Subgrantee must submit a signed certification bullet proof vests purchased with JAG funds have a written “mandatory wear” policy in effect. This includes ballistic -resistant and stab - resistant body armor purchases. This policy must be in place for at least all uniformed officers before any JAG funding can be used by the sub -recipient for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
• The subgrantee agrees that JAG funds received will not be used to supplant State o r Local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. • Any law enforcement agency receiving sub -awarded JAG funding must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. • Subgrantee understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase of acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA.
The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions may be accessed here: https://bja.gov/funding/JAGControlledPurchaseList.pdf • Subgrantee must set aside 3% of their JAG funds to NIBRS compliance activities or documentation showing that it has been certified as NIBRS compliant. • Subgrantee must submit a copy of their Fiscal Year -End Single Audit Report including audit findings and corrective action plan to Contra Costa County Office of the Sheriff. • Compliance DOJ Grants Financial Guide. References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the “DOJ Grants Financial Guide” available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
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• Requirements related to System for Award Management and Universal Identifier Requirements. The subgrantee must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding with SAM, as well as maintaining the currency of information in SAM. The subgrantee must comply with applicable restrictions on subawards (“subgrants”) to first tier subrecipients (first -tier “subgrantees), including restrictions on subawards to entities that do acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the subgrantee’s obligations related to SAM and to unique entity identifiers are posted on the OJP website at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. A copy of SAM print-out must be kept on file and submitted to the Sheriff’s Office. • Record retention requirements. Subgrantee shall establish and maintain accurate files and records of all aspects of the grant plant and the matters funded in whole or in part with the grant funds. Without limiting the scope of the foregoing, subgrantee shall establish and maintain accurate financial books and accounting records relating to authorized expenditures and to the grant funds received and expended under this MOU, together with all invoices, documents, payrolls time records and other data related to the matters covered under this MOU, whether funded in whole or in part with grant funds. Subgrantee shall maintain all of the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section in a readily accessible location and condition for a period of not less than three (3) years after expiration of this MOU or until any final audit by US DOJ has been fully completed, whichever is later.
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AWARD CONDITIONS
1. Meaningful access requirement for individuals with limited English proficiency The recipient, and any subrecipient at any tier, must take reasonable steps to ensure that individuals with limited English proficiency (LEP) have meaningful access to their programs and activities to comply with Title Vl of the Civil Rights Act of 1964 (Title Vl), which prohibits discrimination on the basis of national origin, including discrimination against individuals with LEP. Such steps may require providing language assistance services, such as interpretation or translation services. The Department of Justice guidance on compliance with this requirement may be found at “Guidance to Federal Financial Assistance Recipients Regarding Title Vl Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" (67 Fed. Reg. 41455 -41472) (https://www.federalregister.gov/d/02-15207) and is incorporated by reference here.
2. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2024)
The recipient, and any subrecipient (“subgrantee”) at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY24AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
3. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38.
Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the Department to support or engage in any explicitly religious activities except when consistent with the Establishment Clause of the First Amendment and any other applicable requirements. An organization receiving Federal financial assistance also may not, in providing services funded by the Department of Justice, or in their outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. ln addition, Part 38 states that a faith - based organization that participates a Department of Justice funded program retains its independence from the Government and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law.
Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of Page of 30 8
services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-office/partnerships-faith- based-and-other-neighborhood-organizations.
In certain instances, a faith -based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements. For more information, please see
https://www.ojp.gov/funding/explore/legaloverview2024/civilrightsrequirements.
4. Requirements of the award; remedies for non -compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. ln certain special circumstances, the U.S. Department of Justice ('DOJ”) may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ('OJP") webpage entitled "Legal Notices : Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices -AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period – may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and /or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729 -3730 and 3801- 3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.
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5. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or O VW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
6. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this award from OJP.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
7. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (O IG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pe rtaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
8. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that Page of 30 10
elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
9. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
10. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
11. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
12. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28: C.F.R. Par t 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Par t 42 that relate to an equal employment opportunity program.
Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. §
42.505(f) contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.
13. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated - in the application for the award (as approved by DOJ) (or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the Page of 30 11
recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/lnteract-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.
14. Requirements to disclose whether recipient is designated "high risk" by a federal grant - making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
15. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must— A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both— (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings.
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2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E -Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E - Verify visit the E -Verify website (https://www.e -verify.gov/) or email E -Verify at E - [email protected]. E -Verify employer agents can email E -Verify at E - [email protected].
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
16. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg . 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this Page of 30 13
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
17. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1 ,2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.
18. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. ln accepting this award, the recipient—
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both–
a. It represents that—
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(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds )whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) It has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. It certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
19. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and- subgrantees.
20. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that – for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition:
Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.
21. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, Page of 30 15
must seek a budget -modification or change -of-project scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
22. Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1,2021, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or a Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisf y this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on is award.
23. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
24. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as “employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition:
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Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
25. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high -risk" for purposes of the DOJ high-risk grantee list.
26. Requirement to report actual or imminent breach of personally identifiable information (Pll)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M -17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintain, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A -130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
27. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
The condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non -profit organization that he or she may own or operate in his or her name).
28. Compliance with restrictions on the use of federal funds -prohibited and controlled equipment under OJP awards
Consistent with Executive Order 14074, "Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. ln addition, OJP requires the recipient, and any subrecipient ("subgrantee") at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property Page of 30 17
identified on the "controlled equipment" list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited -and-controlled- equipment (Award condition: Compliance with restrictions on the use of federal funds-- prohibited and controlled equipment under OJP awards), and are incorporated by reference here.
29. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352.
Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
30. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements – OJP considers a "subaward" (and therefore does not consider a procurement “contract”).
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ fundng/Explore/SubawardAuthorization.htm (Award condition:
All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
31. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.
32. The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts Page of 30 18
(or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
33. Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e -mail address. If any information is incorrect or has changed, the award recipient's Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/training-entity-management.
34. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first -tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at
https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to -- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non -profit organization that he or she may own or operate in his or her name).
35. Body-worn cameras, policies and procedures
In accepting this award, the recipient agrees not to use award funds for purchases of body-worn cameras or related expenses for any agency unless that agency has policies and procedures in place that reinforce appropriate agency Use of Force policies and training and address technology usage, evidence acquisition, data storage and retention, as well as privacy issues, accountability and discipline.
36. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab -resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. ln addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page:
https://nij.ojp.gov/topics/equipment-and-technologyibody-armor. ln addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
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37. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
38. Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press release , shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Cri me, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities
39. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web -based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.
40. Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
41. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.
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42. Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
43. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.
44. The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.
45. Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R.
Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occ ur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
46. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at:
https://it.ojp.gov/gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.
47. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.
48. In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) uness the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with alI applicable provisions of the U.S. Constitution, including the Fourth Amendment's Page of 30 21
protection against unreasonable searches and seizures and the First Amendment's freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.
49. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.
50. Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet -based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.
The required training is available free of charge online through the BJA -funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
51. Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood Page of 30 22
plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.
52. Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b )(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Me morial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.
53. All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF - 425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants.
Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https://bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
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54. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de -escalation of conflict, and constructive engagement with the public.
55. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non - federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at -risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.
56. If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS.
With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).
57. Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/dl), and must collect and report the metrics identified in Section IX of that document to BJA.
58. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or Page of 30 24
State law) relevant to the National Instant background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS , are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records".
In the event of minor and transitory non -compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.
59. Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
60. Extreme risk protection programs funded by JAG must include, at a minimum: pre - deprivation and post -deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre -deprivation and post - deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.
61. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 1 0152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.
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62. Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds --prohibited and controlled equipment under OJP awards," the requirements for the "Transfer/Sale of Award -Funded Controlled Equipment to Other LEAs" and the requirements for the "Transfer/Sale of Award -Funded Controlled Equipment to NON-LEAs" do not apply to this award.
63. Use of program income
Program income (as Defined in the Part 200 Uniform Requirement) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
64. Initial period of performance; requests for extension.
The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152( f) and in accordance with the program solicitation associated with this award.
Any request for an extension of the period of performance beyond a four -year award period w ill require approval, and the approval (if any) will be at the discretion of the Director of BJA.
65. Withholding of funds for Required certification from the chief executive of the applicant government
The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition.
66. Withholding of Funds for Memorandum of Understanding The recipient may not expend or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and an Award Condition Modification has been issued to remove this condition.
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SCHEDULE 1 TO REQUEST FOR REIMBURSEMENT
The following is an itemized list of Authorized Expenditures for which reimbursement is requested:
The following are attached as part of this Schedule 1 (Please check items that are applicable):
Planning:
☐ Invoice/Payroll Charges
☐ Payroll Register
☐ Cleared Check Payment
☐ Job Description
☐ Functional Timesheets
☐ Deliverables/Progress Reports
Organization:
☐ Invoice/Payroll Charges
☐ Payroll Register
☐ Cleared Check Payment
☐ Job Description
☐ Functional Timesheets
☐ Deliverables/Progress Reports
Equipment:
☐ Invoice
☐ Cleared Check Payment
☐ Purchase Order
☐ Packing Slip
☐ EHP Approval
☐ EOC Approval
☐ Sole Source
☐ Performance Bond
☐ Equipment Ledger (Please submit
electronic copy to Grant Accountant)
☐ System Award Management
Training:
☐ Invoice
☐ Cleared Check Payment
☐ Training Feedback Number
☐ EHP Approval
☐ Certificates/Proof of Participation
☐ Sign In Sheet
☐ Agenda
Exercise:
☐ Invoice
☐ Cleared Check Payment
☐ After Action Report
☐ EHP Approval
☐ Overtime Authorization
For inquiries/questions, please contact: Name: ___________________ Tel: ________________________ me: _________________________
Project
Payee
Amount
Description
If final
claim for
project,
check box
☐
☐
☐
☐
☐
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF CONTRA COSTA
AND PARTICIPATING CONTRA COSTA COUNTY LOCAL GOVERNMENT AGENCIES FOR THE DISTRIBUTION OF:
REGULAR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) GRANT - 2024
lN WTNESS WHEREOF, the parties hereto have caused thrs M.O.U. to be duly executed as of the date first specified herein. Each person signing this M.O.U. warrants that he or she has full and complete authority to sign this ltil.O.U. and binds the governmental agency for which he or she signs.
GRANTEE/FISCAL AGENT
CONTRA COSTA COUNTY
OFFICE OF THE SHERIFF
Jad Keileh
Digitally signed by Jad Keileh
Date: 2026.05.'14 14:16:30
{7',00'
Signature
Jad Keileh
Print Name
Chief of fvlanagement Services
Title
Page of 30 30
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF CONTRA COSTA
AND PARTICIPATING CONTRA COSTA COUNTY LOCAL GOVERNMENT AGENCIES FOR THE DISTRIBUTION OF:
REGULAR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) GRANT – 2024
IN WITNESS WHEREOF, the parties hereto have caused this M.O.U. to be duly executed as of the date first specified herein. Each person signing this M.O.U. warrants that he or she has full and complete authority to sign this M.O.U. and binds the governmental agency for which he or she signs.
SUBGRANTEE
CITY OF RICHMOND
City Manager
Signature Title
Print Name