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HomeMy WebLinkAboutContracts & Agreements_261-2016W 4N URNARDINO COT 71�7TY • V l�F 1 i Sub Award Grant Agreement County of San Bernardino 385 North Arrowhead Avenue San Bernardino, CA 92401-0120 Grant Award Number: Law and Justice Group 2016 -DJ -BX -0768 Sub Award Number: 2016 -DJ -BX -0768 -Redlands Subrecipient Name and Address: JAG Program Purpose Area: City of Redlands 35 Cajon Street Law Enforcement; Prosecution and Court Program Amount of this award: P.O. Box 3005 Redlands, CA 92373-1505 $14,775 Catalog of Domestic Federal Assistance (CFDA Number): 16.738 - Edward Byrne Memorial Justice Assistance Grant Program Subrecipiem DUNS Number; Project Period: 14-555-6747 From: 1011/2015 To: 09/30/2019 Title of Program: rJ i'2016 Edward Byrne Memorial Justice Assistance Grant Summary Description of Project: The Redlands Police Department plans to utilize the $14,775 to fund a part-time Customer Service Representative to work in the Records Unit of the police department. This position is needed as a result of a high level of demand for data entry and processing, such as the processing of reports for the District Attorney's office, processing subpoenas, and public records requests. Special Conditions: The above sub -award is approved subject to such conditions or limitations as set forth on the attached pages, which include the Sub -Award Continuation Sheets (pages 1-12) and the Subrecipient Monitoring Procedures for the County of San Bernardino Law and Justice Group (4 pages). Approval Subrecipient Acceptance T)Wd Name and Title of Appmving Dtiieio; Typed Nene end Title of Authorized Submcipient Official: Phyllis K. Morris, Chair N. Enrique Martine City Manager San Bernardino County Law and Justice Group City of Redlands x Signnturc of A ro�•in Official Si aturc dApproti'ing fficid Date , '� ., `� Date AWARD CONTINUATION SHEET PAGE 3 OF t2 Grant PROJECTNUMBER 201(NDJ-13X-07U AWARD DATE otic n01G SPECIAL CONDITIONS I . 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 the Department ofJustice (DOJ) in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this 2016 award from the Off= of Justice Programs (OJP). The Part 200 Uniform Requirements were First adopted by DOJ on December 26, 2014. If this 2016 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded in 2014 or earlier years), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whctbcr derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this 2016 award. For more information and resources on the Part 200 Uniform Requirement.; as they relate to OJP awards and subawards ("subgrants"). see the Office ofJustice Programs (OJP) website at htip-,/Iojp.gov/funding/ParL20OUniformRequirements.htm. 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 Pan 200 Uniform Requirements, the subrecipient is to contact OJP promptly for clarification. 2. Compliance with DOJ Grants Financial Guide The subrecipient agrees to comply with the Department ofJustice Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide"), including any updated version that may be posted during the period of performance. 3. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after t1w date of the subrecipicnt's acceptance of the award- Successful completion of such a training on or atter January 1, 2015, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period ofperformance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after — (1) the date of OJP's approval ofthe "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on ar after January 1, 2015, 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 htip://www.ojp.govitraininglfmts,htm, All trainings that satisfy this condition include a session on grant fraud prevention and detection The subrecipient should anticipate that OJP will immediately withhold ("freeze") award funds if the subrecipient fails to comply with this condition. The subrecipienl's failure to comply also may lead OJP to impose additional appropriate conditions on this award. OJP FORM 400012 (REV. 4,89) 11A AWARD CONTINUATION SHEET PAGE OF 12 Grant PROJECT NUMBER 2016-DJ•0X-0768 AWARD DATE ORP -212016 I SPECIAL CONDITIONS 4. Requirements related to "de minimis" indirect cost rate A subrecipient 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(1), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the, Part 200 Uniform Requirements. 5. Requirement to report potentially duplicative funding If the subrecipient currently has other active awards of federal funds, or if the subrecipient receives any other award of federal funds during the period of performance for this award, the subrecipient 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 subrecipient must promptly notify the DOJ awarding agency (OJP or OW, as appropriate) in writing of the potential duplication, and, if so requested by BOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 6. Requirements related to System for Award Management and Unique Entity Identifiers The subrecipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at http;l/www,sam.gov. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The suhrecipient 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 subrecipient) the unique entity identifier required for SAM registration. The details of the subreeipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at http://ojp.gov/ftindingfExplort/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This special 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), 7. All subawards ("subgrants") must have specific federal authorization The subrecipient, 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 http:/lojp.gov/funding/Explore/SubawardAuthorization.him (Award condition: Award Condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. O]P FORM 400012 (REV. 4.88) AWARD CONTINUATION SHEET PAGE of 12 Grant PROXCT NUMBER 2016-DJ.BX41769 AWARD DATE oxJ22n016 SPECIAL CONDITIONS £t. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed S 150,000 Thu subrccipicnt ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that — for purposes of federal grants administrative requirements -- 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 htip://ojp.gov/funding/Explore/NoiicompetitivcProcurement.him (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. 9. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The 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 pan subrecipients (" subgrantecs"), or individuals defined (for purposes of this condition) as "employees" of the subrecipient. The details of the subrecipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at http://ojp.govlfunding/Explore/ProbibitedConduct-Trafficking,btm (Award condition: Prohibited conduct by subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 10. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The 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 terns 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 "2015 DOJ Grants Financial Guide"). 11, Requirement for data on performance and effectiveness under the award The subrecipient must collect and maintain data that measure the performance and effectiveness of activities under this award. The data must be provided to 01P in the manner (including within the timeframes) specified by OJP in the program solicitation or ocher applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws. 12. OJP Training Guiding Principles Any training or training materials that the subrecipient ("subgranice") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantecs, available at http://ojp.gov/fundinglojptrainingguidingprinciples.him. OJP FORM 40GM2 (REV, 4.99) .f AWARD CONTINUATION SHEET PAC,e4 OF 12 Grant PROJECT NUMBER 2016 -DJ -BX -0768 AWARD DATE 08122/2016 SPECIAL CONDITIONS 13. Effect of failure to address audit issues The subrecipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the subrecipient docs 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, 14. The subrecipient 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 subrecipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 15. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 16. Compliance with DQJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Pan 38 The subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R., a DOJ regulation, was amended effective May 4, 2016, Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to subrecipients that arc faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at http://www.ccfr.gov/cgi- bin/ECFR?page-browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under c -CFR 'current' data. 17. Restrictions on "lobbying" Federal funds may not be used by the subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification or adoption ofany law, regulation, or policy, at any level of government. Should any question arise as to whether a particular use of Federal funds subrecipient would or might fall within the scope of this prohibition, the subrecipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. OJP FORM 4WD,2 (REV. 4.88) AWARD CONTINUATION SHEET PAGe5 OF 12 Grant PROJECTNUMBER 201&D1-nX-07L8 AWARD DATE 0Bl22720t6 SPECIAL CONDITIONS 18. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2016) The subrecipient ("subgrantec") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2016, are set out at http;//ojp.govlfunding/Explorc/FY2016- AppropriationsLawRestrictions.him, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a subrecipient would or might fall within the scope of an appropriations -law restriclion, the subrecipicnt is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 19. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The subrecipicnt ("subgrantecs") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has. in connection with funds under this award — (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- (1) mail directed to: Offiec of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; (2) e-mail to: oig.ltotline®usdoj.gov; and/or (3) the DOJ OIG hotline. (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig. OJP FORM 440012 (REV. 448) AWARD CONTINUATION SHEET PAGE6 OF 12 Grant 1 PROJECrNUMBER 2016 -DJ -6X-0769 AWARDDATG 48122!2016 SPECIAL CONDITIONS 20. Restrictions and certifications regarding non -disclosure agreements and related matters No 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 ofclassified information. 1. In accepting this award, the subrecipient-- 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 subrecipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that— (1) it has determined that no other entity that the subrecipicriVs 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. OJP FORM 40nN2 txev. a-sKl A, 41W AWARD CONTINUATION SHEET PAGE? 01" 12 Grant PROJECTNUMBER 2016 -DJ -Ela -0768 AWARD DATE 082212016 1 SPECIAL CONDITIONS 21. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The subrccipient 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 subrccipient 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 subrecipient is to contact the DOJ awarding agency (OJP or OV W, as appropriate) for guidance. 22. 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 subrceipients ("subgranlees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 23. The subrccipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with 8JA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The subrccipient 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 subrccipient 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 subrecipient's DOJ awards, including, but not limited to. withholdings and/or other restrictions on the subrecipicm's access to grant funds: referral to the Office of the Inspector General for audit review; designation of the subrccipient as a DOJ High Risk grantee: or termination of an award(s). 24. The subrccipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the first-tier subrccipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of subrccipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http:/lojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here- This condition, and its reporting requirement, does not apply to grant awards 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). 25. Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. OJP FORM 400012 M—V.4-s8) AWARD CONTINUATION SHEET PAGE x Or 12 Grant PROJECTNUMnER 2016 -Di -UX -0768 AWARD DATE 08122J2016 SPECIAL CONDITIONS 26. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OR requires the subgranice to comply with 1303's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Subgrantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http://wtivw.it.ojp.gov/gsp_grantcondition, Subgrantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 27. 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 subgrantee can demonstrate to the satisfaction of BJA [bat this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 28. The subrecipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, ifOJP determines this regulation to be applicable. Should OJP determine 28 C.F_R. Part 23 to be applicable, OR may, at its discretion, perform audits ofthe system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the subrecipient may be fined as per 42 U.S.C. 3789g(c)-(d). Subrecipient may not satisfy such a fine with federal funds. 29. Subgrantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 30. Subgrantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 37898 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Subgrantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of28 C.F.R. Part 22 and, in particular, section 22.23. 31. Award subrecipicrnts must verify Point of Centact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and c -mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 32. The subgrantee agrees that within 120 days of award acceptance, each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (intcmet-based) task force training. Additionally, all future task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org), This 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. When BJA funding supports a task force, a task force personnel roster should be compiled and maintained, along with course completion certificates, by the grant subrecipient. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctili.org). 33_ The subrecipient agrees to participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BIA's request. OJP FORM 4000.12 (Rt:v_4-98) AWARD CONTINUATION SHEET PAGE9 OF 12 Grant PROJCCTNUMBr;R 2016-DJ�BX-07611, AWARD DATE OV2212016 i SPECIAL CONDITIONS 34. 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 Office of Justice Programs (OJP) program office prior to obligation or expenditure of such funds. 35. The subgrantee agrees to 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 grant funds, either directly by the subgrantee. Accordingly, the subgrantee agrees to first determine ifany 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 grant, the subgrantee agrees to contact BJA. The subgrantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are; a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of n 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 c. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The subgrantee 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 subgrantee further understands and agrees to the requirements for implementation of Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/ncpa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the subgrantees' existing programs or activities that will be funded by these grant funds, the subgrantee, upon speci Fie request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment ofthat funded program or activity. 36. The subrecipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The subrecipient also agrees to obligate the grant funds in the trust fund (including any interest earned) during the period of the grant and expend within 90 days thereafter. Any unobligaied or unexpended funds, including interest earned, must be returned to the Office of Justice Programs at the time of closcout. 37. JAG funds may be used to purchase vests for an agency, but they may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program, ON FORM 4DO&C (REV. 4-99) i6%�! AWARD CONTINUATION SHEET PAGE 10 OF 12 Grant I PROJECT NUMBER 2016-DI.10-0768 AWARD DATE 06!2212016 SPECIAL CONDITIONS 38. 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 (hilp://nij.gov). In addition, ballistic -resistant and stab -resistant body armor purchased must be American- made. The latest NIJ standard information can be found here: blip://wnvw.nij.gov/topics/technology[bady-armor/safety- initiative.lmtm. 39. The subrecipient agrees to submit a signed certification that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on fie for any subrecipienis planning to utilize JAG funds for 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 agency for body armor, There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 40. The subrecipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the DOJ Financial Guide, and to include the applicable conditions ofthis award in any subaward. The subrecipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrceipients. The subrecipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 4L The subrecipient agrees that funds received under this award will not be used to supplant State or 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. 42. Award subreeipicnts must submit quarterly Federal Financial Reports (SF -425) and semi-annual performance reports through GMS (https:llgrants,ojp.tisdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA). P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through 13JA's Performance Measurement Tool (PMT) website (wwtiv.bjuperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing ofgrant funds and future high Risk designation. 43. Any law enforcement agency receiving director 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. 44. BJA strongly encourages the subrecipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to your My BJA account at https:/Iwww.bja.gov/Lcigin.aspx to access the Success Story Submission form. If you do not yet have a My BJA account, please register at htips:/hvww.bja.gov/profile.aspx. Once you register, one of the available areas on your My BJA page wi11 be "My Success Stories". Within this box, you will see an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the new BJA Success Story web page at ltitps://www.bja.gov/Suc=sStoryList.aspx. 45. Subrecipient understands and agrees that award funds may not be used ft5r items that are listed on the Controlled Expenditure List at the time of purchase or 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: haps://www.bja.gov/funding/IAGControltedPurchaseList.pdf OJP FORM 4000!2 (REV.4-88) AWARD CONTINUATION SHEET PAGE: 11 OF t2 Grant PRO)ECT NUMBER 2016 -DJ -DX -0768 AWARD DATE 097222016 I SPECIAL CONDITIONS 46, The subrecipient understands that, pursuant to recommendation 2.1 of Executive Order 13688, law enforcement agencies That acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on (a) Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice Considerations. Upon OJP's request, the subrecipient agrees to provide a copy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols. 47. Subrecipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, with award funds by an agency will trigger a requirement that the agency collect and retain (for at least 3 years) certain information about the use of 1) any federally -acquired Controlled Equipment in the agency's inventory, and 2) any other controlled equipment in the same category as the federally -acquired controlled equipment in the agency's inventory, regardless of source; and make that information available to BJA upon request. Details about what information must be collected and retained may be accessed here: haps://wNv%v.wliitchouse.gov/sites/dcfaull/filcs(docAc_equipment wg_fjnal_report_final.pdf 48. Subrecipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. 49. Subrecipient understands and agrees that award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure list may be accessed here: haps://www.bja.gov/funding/JAGControlledPurchaseList.pdf. 50. Subrecipient understands and agrees that, notwithstanding 2 CFR § 200.313, no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) alter obtaining prior written approval from BJA. Asa condition of that approval, the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non -LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, lite agency must obtain prior written approval from BJA. All law enforcement -related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. Subrecipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such disposal. 51. The subrecipient may not expend or draw down any funds under this award until it has submitted to the Bureau of Justice Assistance (BJA) the required certification related to its body -worn camera policies and procedures and a Grant Adjustment Notice has been issued removing this special condition. ON FORM 4000!2 (REV. 4-99)