2023/03/28 City Council Resolution 2023-023 RESOLUTION NO. 2023-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING A GRANT IN THE AMOUNT OF $19,656 FROM THE DEPARTMENT
OF JUSTICE (DOJ) EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) PROGRAM FOR PURCHASE OF BALLISTIC HELMETS AND AUTHORIZING
THE FINANCE DIRECTOR OR THEIR DESIGNEE TO INCREASE FY 2022/23
BUDGET APPROPRIATIONS BY $19,656
WHEREAS; the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP),
Bureau of Justice Assistance (BJA) invited applications for criminal justice funding through the
Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and
WHEREAS, the City of Rohnert Park Public Safety Department submitted a request for
JAG Program funds to provide Public Safety Officers with ballistic helmets, to reduce the threat
to officers engaged in high-risk situations in the community; and
WHEREAS, the City of Rohnert Park was granted funding and desires to accept the JAG
grant from the US Department of Justice;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and accept a$19,656 grant from the Department of Justice
(DOJ) Edward Byrne Memorial Justice Assistance Grant (JAG) Program, attached hereto as
Exhibit A, for purchase of ballistic helmets.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to
execute documents pertaining to same for and on behalf of the City of Rohnert Park, and the
Director of Finance or their designee is authorized to increase appropriations in the FY 2022/23
budget by the amount of$19,656 and to make any other accounting adjustments necessary to
execute the JAG Program grant in accordance with applicable laws.
DULY AND REGULARLY ADOPTED this 28th day of March, 2023.
CITY OF ROHNERT PARK
:aman .: 'odriguez, Mayor
ATTEST: —
Elizabeth Machado, Assistant City Clerk
ELWARD: GIUDICE: L SANBORN: P HOLLINGSWORTH ADAMS: t L RODRIGUEZ: �p
AYES: (j) NOES: ( JG ABSENT: ( (]� ) ABSTAIN: ( , )
September 22, 2022
Dear Darrin Jenkins,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice
Programs (OJP) has approved the application submitted by ROHNERT PARK, CITY OF for an award
under the funding opportunity entitled 2022 BJA FY 22 Edward Byrne Memorial Justice Assistance Grant
Program - Local Solicitation. The approved award amount is $19,656.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements
before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project
Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and
OVW funding the Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award
Offer, but also compliance with assurances and certifications that relate to conduct during the period of
performance for the award. These requirements encompass financial, administrative, and programmatic
matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key
staff should receive the award conditions, the assurances and certifications, and the application as
approved by OJP, so that they understand the award requirements. Information on all pertinent award
requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue
appropriate remedies for non-compliance, which may include termination of the award and/or a
requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award
Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity
Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal
authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the
Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System
(JustGrants), including by executing the required declaration and certification, within 45 days from the
award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP)
system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should
have already received an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Maureen Henneberg
Deputy Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
(DOJ) has been delegated the responsibility for ensuring that recipients of federal financial
assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the
Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law.
Award Letter
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Attachment 2
Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of
the Rehabilitation Act of 1973, require recipients of federal financial assistance to give
assurances that they will comply with those laws. Taken together, these civil rights laws prohibit
recipients of federal financial assistance from DOJ from discriminating in services and
employment because of race, color, national origin, religion, disability, sex, and, for grants
authorized under the Violence Against Women Act, sexual orientation and gender identity.
Recipients are also prohibited from discriminating in services because of age. For a complete
review of these civil rights laws and nondiscrimination requirements, in connection with DOJ
awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against
recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance
reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to
evaluate whether recipients of financial assistance from the Department are providing services in
a nondiscriminatory manner to their service population or have employment practices that meet
equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or
the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice
system, there are two additional obligations that may apply in connection with the awards: (1)
complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and
(2) submitting findings of discrimination to OCR. For additional information regarding the EEOP
requirement, see 28 CFR Part 42, subpart E, and for additional information regarding
requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5).
The OCR is available to help you and your organization meet the civil rights requirements that are
associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your
organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial
assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov.
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages
NEPA Letter
The Edward Byrne Memorial Jus�ce Assistance Grant Program (JAG) allows states and local
governments to support a broad range of ac�vi�es to prevent and control crime and to improve the
criminal jus�ce system, some of which could have environmental impacts. All recipients of JAG
funding must assist BJA in complying with NEPA and other related federal environmental impact
analyses requirements in the use of grant funds, whether the funds are used directly by the grantee
or by a subgrantee or third party. Accordingly, prior to obliga�ng funds for any of the specified
ac�vi�es, the grantee must first determine if any of the specified ac�vi�es will be funded by the
grant.
The specified ac�vi�es requiring environmental analysis are:
a. New construc�on;
b. Any renova�on or remodeling of a property located in an environmentally or historically sensi�ve
area, including proper�es located within a 100-year flood plain, a wetland, or habitat for endangered
species, or a property listed on or eligible for lis�ng on the Na�onal Register of Historic Places;
c. A renova�on, lease, or any proposed use of a building or facility that will either (a) result in a
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change in its basic prior use or (b) significantly change its size;
d. Implementa�on of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded ac�vity and (b) tradi�onally used, for example, in
office, household, recrea�onal, or educa�on environments; and
e. Implementa�on of a program rela�ng to clandes�ne methamphetamine laboratory opera�ons,
including the iden�fica�on, seizure, or closure of clandes�ne methamphetamine laboratories.
Complying with NEPA may require the prepara�on of an Environmental Assessment and/or an
Environmental Impact Statement, as directed by BJA. Further, for programs rela�ng to
methamphetamine laboratory opera�ons, the prepara�on of a detailed Mi�ga�on Plan will be
required. For more informa�on about Mi�ga�on Plan requirements, please see h�ps://www.bja.gov
NEPA Coordinator
First Name
Orbin
Middle Name
——
Last Name
Terry
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Recipient Name
ROHNERT PARK, CITY OF
UEI
CQSKJBN54Y54
Street 1
130 AVRAM AVE
Street 2
City
ROHNERT PARK
State/U.S. Territory
California
Zip/Postal Code
94928
Country
United States
Award Information
Recipient Information
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County/Parish
——
Province
——
Federal Award Date
9/22/22
Award Type
Initial
Award Number
15PBJA-22-GG-02734-JAGX
Supplement Number
00
Federal Award Amount
$19,656.00
Funding Instrument Type
Grant
16.738 Edward Byrne Memorial Justice Assistance Grant Program
Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1
of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a)
I have read and understand the information presented in this section of the Federal Award Instrument.
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Solicitation Title
2022 BJA FY 22 Edward Byrne Memorial
Justice Assistance Grant Program - Local
Awarding Agency
OJP
Program Office
Award Details
Assistance Listing Number Assistance Listings Program Title
Statutory Authority
Project Information
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Solicitation
Application Number
GRANT13680040
BJA
Grant Manager Name
Elaine Vanlandingham
Phone Number
202-305-0034
E-mail Address
Elaine.Vanlandingham@usdoj.gov
Project Title
Ballistic Helmets
Performance Period Start
Date
10/01/2021
Performance Period End
Date
09/30/2023
Budget Period Start Date
10/01/2021
Budget Period End Date
09/30/2023
Project Description
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows units of local
government, including tribes, to support a broad range of activities to prevent and control crime
based on their own state and local needs and conditions. Grant funds can be used for state
and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual
support, and information systems for criminal justice or civil proceedings, including for any one
or more of the following program areas: 1) law enforcement programs; 2) prosecution and court
programs; 3) prevention and education programs; 4) corrections and community corrections
programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and
technology improvement programs; 7) crime victim and witness programs (other than
compensation); 8) mental health programs and related law enforcement and corrections
programs, including behavioral programs and crisis intervention teams; and 9) implementation
of state crisis intervention court proceedings and related programs or initiatives, including but
not limited to: mental health courts; drug courts; veterans courts; and extreme risk protection
order programs.
I have read and understand the information presented in this section of the Federal Award Instrument.
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This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
I have read and understand the information presented in this section of the Federal Award Instrument.
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions
on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from
various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at
https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.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.
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200,
as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform
Requirements") apply to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022
award supplements funds previously awarded by OJP under the same award number (e.g., funds
awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all
funds under that award number (regardless of the award date, and regardless of whether derived from
the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY
2022 award.
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.
Financial Information
Award Conditions
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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.
Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the
event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects,
uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable
Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses
or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures
must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no
later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
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.
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 October 15,
2020, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes
during the period of performance, the new Grant Award Administrator or Financial Manager must have
successfully completed an "OJP financial management and grant administration training" by 120
calendar days after the date the Entity Administrator enters updated Grant Award Administrator or
Financial Manager information in JustGrants. Successful completion of such a training on or after
January 1, 2020, 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://www.ojp.gov/training/fmts.htm. All trainings
that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient
fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose
additional appropriate conditions on this award.
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Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may
withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding
agency) the recipient does not satisfactorily and promptly address outstanding issues from audits
required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding
issues that arise in connection with audits, investigations, or reviews of DOJ awards.
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or
certifications submitted by or on behalf of the recipient that relate to conduct during the period of
performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may
determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable
to the award. Any such exceptions regarding enforcement, including any such exceptions made during
the period of performance, are (or will be during the period of performance) set out through the Office of
Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award
conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into
the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all
material requirements of the award, and specifically adopts, as if personally executed by the authorized
recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to
conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a
condition incorporated by reference below, or an assurance or certification related to conduct during the
award period -- may result in OJP taking appropriate action with respect to the recipient and the award.
Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the
award. DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or
concealment or omission of a material fact) may be the subject of criminal prosecution (including under
18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil
penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C.
3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,
that provision shall first be applied with a limited construction so as to give it the maximum effect
permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such
provision shall be deemed severable from this award.
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 (as may be applicable from time to time), specifically including any
applicable requirements regarding written notice to program beneficiaries and prospective program
beneficiaries.
Currently, 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, currently, also sets out rules and requirements that
pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly
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religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are
faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently
accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial
Administration, Chapter 1, Part 38, under e-CFR "current" data.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28
C.F.R. Part 42 that relate to an equal employment opportunity program.
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."
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.
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").
Requirement for data on performance and effectiveness under the award
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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.
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the
"de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis"
indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with
all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied
only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as
approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement
(solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried
out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of
individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain
individuals may interact with participating minors. This requirement applies regardless of an individual's
employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-
Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who
may interact with participating minors), and are incorporated by reference here.
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency
outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at
any time during the course of the period of performance under this award, the recipient must disclose
that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov.
For purposes of this disclosure, high risk includes any status under which a federal awarding agency
provides additional oversight due to the recipient's past performance, or other programmatic or financial
concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding
agency that currently designates the recipient high risk, 2. The date the recipient was designated high
risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email
address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
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.
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Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74
Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to
adopt and enforce policies banning employees from text messaging while driving any vehicle during the
course of performing work funded by this award, and to establish workplace safety policies and conduct
education, awareness, and other outreach to decrease crashes caused by distracted drivers.
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.
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 I-9 record retention requirements, as well as records of all pertinent
notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this
condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be
obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure
compliance with this condition.
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4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award"
specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff
who are or will be involved in the hiring process with respect to a position that is or will be funded (in
whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment
eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-
verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient)
uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative
Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a
position in the United States that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of
the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at
any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or
nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any
subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law,
including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the
E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer
agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award
acceptance.
Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement
contract or subcontract with any funds under this award, may require any employee or contractor to sign
an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to
prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or
law enforcement representative of a federal department or agency authorized to receive such
information.
The foregoing is not intended, and shall not be understood by the agency making this award, to
contravene requirements applicable to Standard Form 312 (which relates to classified information), Form
4414 (which relates to sensitive compartmented information), or any other form issued by a federal
department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements
from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit
or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to
execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict),
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reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of
award funds, will provide prompt written notification to the federal agency making this award, and will
resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement
contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive
award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a
procurement contract) either 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.
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.
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements for authorization of any subaward. This condition applies to agreements that -- for purposes
of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not
consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards
("subgrants") must have specific federal authorization), and are incorporated by reference here.
Requirements related to System for Award Management and Universal Identifier Requirements
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The recipient must comply with applicable requirements regarding the System for Award Management
(SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding
registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier
subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire
and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the
OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award
Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person
(i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her
name).
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.
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.
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting
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requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited conduct related to the
trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals
defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are
posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award
condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including
reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other
award of federal funds during the period of performance for this award, the recipient promptly must
determine whether funds from any of those other federal awards have been, are being, or are to be used
(in whole or in part) for one or more of the identical cost items for which funds are provided under this
award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate)
in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a
budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any
inappropriate duplication of funding.
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of
the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient,
contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted
a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining
to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be
reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov
/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of
Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950
Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG
Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
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
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business or non-profit organization that he or she may own or operate in his or her name).
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).
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.
Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the
provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must
be reported on the quarterly Federal Financial Report, SF 425.
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.
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.
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Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the
recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence
Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine
28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the
regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C.
10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
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.
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.
The award recipient agrees to participate in a data collection process measuring program outputs and
outcomes. The data elements for this process will be outlined by the Office of Justice Programs.
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.
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
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Force Integrity and Leadership (www.ctfli.org).
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.
The recipient understands that, in accepting this award, the Authorized Representative declares and
certifies, among other things, that he or she possesses the requisite legal authority to accept the award
on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate
to conduct throughout the period of performance under this award. The recipient further understands,
and agrees, that it will not assign anyone to the role of Authorized Representative during the period of
performance under the award without first ensuring that the individual has the requisite legal authority.
Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the
National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related
federal environmental impact analyses requirements in the use of these award funds, either directly by
the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the
following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is
determined that any of the following activities will be funded by the award, the recipient agrees to contact
BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not
they are being specifically funded with these award funds. That is, as long as the activity is being
conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in
order to use these award funds, this condition must first be met. The activities covered by this condition
are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive
area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered
species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in
its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example, in
office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations,
including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an
Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The
recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as
detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory
operations.
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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.
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a
subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain
advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2
C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses
incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant
Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any
interest earned) during the period of performance for the award and expend within 90 days thereafter.
Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of
closeout.
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
(www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements,
refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established
deadlines may result in the freezing of grant funds and future High Risk designation.
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.
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program
statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent
circumstances exist, making such expenditures essential to the maintenance of public safety and good
order.
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after
October 1, 2021
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, 2021), however, the
recipient may choose to incur project costs using non-federal funds, but any such project costs are
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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.
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must
be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by
a government DNA laboratory with access to CODIS. No profiles generated under this award may be
entered or uploaded into any non-governmental DNA database without prior express written approval
from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the
resulting DNA profiles may be accepted for entry into CODIS. 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).
Load More
I have read and understand the information presented in this section of the Federal Award Instrument.
Declaration and Certification to the U.S. Department of Justice as to Acceptance
By checking the declaration and certification box below, I--
A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have
authority to make this declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the
best of my knowledge and belief, that the following are true as of the date of this award
acceptance: (1) I have conducted or there was conducted (including by applicant’s legal
counsel as appropriate and made available to me) a diligent review of all terms and
conditions of, and all supporting materials submitted in connection with, this award, including
any assurances and certifications (including anything submitted in connection therewith by a
person on behalf of the applicant before, after, or at the time of the application submission
and any materials that accompany this acceptance and certification); and (2) I have the legal
authority to accept this award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
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D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the
applicant: (1) I understand that, in taking (or not taking) any action pursuant to this
declaration and certification, DOJ will rely upon this declaration and certification as a material
representation; and (2) I understand that any materially false, fictitious, or fraudulent
information or statement in this declaration and certification (or concealment or omission of a
material fact as to either) may be the subject of criminal prosecution (including under 18
U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me
and the applicant to civil penalties and administrative remedies under the federal False
Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Title of Approving Official
Deputy Assistant Attorney
General
Name of Approving Official
Maureen Henneberg
Signed Date And Time
9/18/22 7:52 PM
Title of Authorized Entity Official
City Manager
Signed Date And Time
——
Agency Approval
Authorized Representative
Entity Acceptance
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Rev. April 26, 2022
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Edward Byrne Justice Assistance Grant Program FY 2022 Local Solicitation
Certifications and Assurances by the Chief Executive of the Applicant Government
On behalf of the applicant unit of local government named below, in support of that locality’s application for an award
under the FY 2022 Edward Byrne Justice Assistance Grant (“JAG”) Program, and further to 34 U.S.C. § 10153(a), I
certify to the Office of Justice Programs (“OJP”), U.S. Department of Justice (“USDOJ”), that all of the following are
true and correct:
1.I am the chief executive of the applicant unit of local government named below, and I have the authority to make
the following representations on my own behalf as chief executive and on behalf of the applicant unit of local
government. I understand that these representations will be relied upon as material in any OJP decision to make
an award, under the application described above, to the applicant unit of local government.
2.I certify that no federal funds made available by the award (if any) that OJP makes based on the application
described above will be used to supplant 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.
3.I assure that the application described above (and any amendment to that application) was submitted for review
to the governing body of the unit of local government (e.g., city council or county commission), or to an
organization designated by that governing body, not less than 30 days before the date of this certification.
4.I assure that, before the date of this certification— (a) the application described above (and any amendment to
that application) was made public; and (b) an opportunity to comment on that application (or amendment) was
provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or
established procedure made such an opportunity available.
5.I assure that, for each fiscal year of the award (if any) that OJP makes based on the application described
above, the applicant unit of local government will maintain and report such data, records, and information
(programmatic and financial), as OJP may reasonably require.
6.I have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the
award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified
therein.
_ _ _
Signature of Chief Executive of the Applicant Unit of Date of Certification
Local Government
_ _ _
Printed Name of Chief Executive Title of Chief Executive
_ _ _ _
Name of Applicant Unit of Local Government
Mayor
City of Rohnert Park
Samantha Rodriguez
Attachment 3