2023/04/25 City Council Resolution 2023-033 RESOLUTION NO. 2023-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING A $65,000 GRANT FROM THE DEPARTMENT OF JUSTICE (DOJ)
OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) LAW
ENFORCEMENT AGENCY DE-ESCALATION GRANT PROGRAM FOR THE
PURCHASE OF A TRAINING SIMULATOR SYSTEM AND CURRICULUM AND
AUTHORIZING THE FINANCE DIRECTOR TO INCREASE FY 2022/23 BUDGET
APPROPRIATIONS BY $65,000
WHEREAS; the U.S. Department of Justice (DOJ), Office of Community Oriented
Policing Services (COPS) invited applications for criminal justice funding through the Law
Enforcement Agency De-Escalation Grant Program; and
WHEREAS, the City of Rohnert Park Public Safety Department submitted a request for
COPS Program funds for the purchase of a training simulator system and curriculum, to provide
additional de-escalation training for all Public Safety Officers; and
WHEREAS, the City of Rohnert Park was granted funding and desires to accept the
COPS 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$65,000 grant from the Department of Justice
(DOJ) Office of Community Oriented Policing Services (COPS) Law Enforcement Agency De-
Escalation Grant Program, attached hereto as Exhibit A, for purchase of a training simulator
system and curriculum.
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$65,000 and to make any other accounting adjustments necessary to
execute the COPS Program grant in accordance with applicable laws.
DULY AND REGULARLY ADOPTED this 25th day of April, 2023.
CITY OF ROHNERT PARK
amanth. ' s a riguez, MaylWr-
ATTEST:
Elizabeth Machado, Assistant City Clerk �''1� '
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Attachments: Exhibit A
ELWARD: GIUDICE: e SANBORN: UE HOLLINGSWORTH ADAMS: p RODRIGUEZ: c.
AYES: ( 5 ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( $ )
October 13, 2022
Dear Tim Mattos,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Community
Oriented Policing Services (the COPS Office) has approved the application submitted by ROHNERT
PARK, CITY OF for an award under the funding opportunity entitled 2022 FY22 Law Enforcement Agency
De-Escalation Grants -Community Policing Development Solicitation. The approved award amount is
$65,000.
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 the COPS Office, 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.
ROBERT CHAPMAN
Acting Director
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
Award Letter
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Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law.
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.
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Award Information
Recipient Information
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Recipient Name
ROHNERT PARK, CITY OF
UEI
CQSKJBN54Y54
ORI Number
——
Street 1
130 AVRAM AVE
Street 2
City
ROHNERT PARK
State/U.S. Territory
California
Zip/Postal Code
94928
Country
United States
County/Parish
——
Province
——
Federal Award Date
10/13/22
Award Type
Initial
Award Number
15JCOPS-22-GG-04793-PPSE
Supplement Number
00
Federal Award Amount
$65,000.00
Funding Instrument Type
Grant
16.710 Public Safety Partnership and Community Policing Grants
The Public Safety Partnership and Community Policing Act of 1994, 34 U.S.C. § 10381 et seq
I have read and understand the information presented in this section of the Federal Award Instrument.
Award Details
Assistance Listing Number Assistance Listings Program Title
Statutory Authority
Project Information
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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.
Solicitation Title
2022 FY22 Law Enforcement Agency De-
Escalation Grants -Community Policing
Development Solicitation
Application Number
GRANT13664058
Awarding Agency
COPS
Grant Manager Name
TOINETTE MORGAN
Phone Number
202-616-7174
E-mail Address
TONI.MORGAN-WHEELER@USDOJ.GOV
Project Title
FY22 City of Rohnert Park, CA De-Escalation Grant
Performance Period Start
Date
09/01/2022
Performance Period End
Date
08/31/2024
Budget Period Start Date
09/01/2022
Budget Period End Date
08/31/2024
Project Description
This award will support the purchase of a scenario-based training system and curriculum to
enhance and expand our training program for new and experienced officers to support the
maintenance of their de-escalation, implicit bias, and duty to intervene skill proficiency. This
project will directly enhance their internal capacity to deliver trainings year-round, on short
notice, and regardless of the budget shortfalls that can negatively impact off-site training
opportunities.
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I have read and understand the information presented in this section of the Federal Award Instrument.
Conditional Budget Clearance
The financial review of the budget for this award is s�ll pending. For further details on the reason for this
condi�onal budget clearance contact your assigned COPS program manager. Please review your specific award
condi�ons for limita�ons on drawing down funding pending final budget clearance.
No other award documents have been added.
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Restrictions on Internal Confidentiality Agreements: No recipient or subrecipient under this award, or
entity that receives a 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 the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement
representative of a federal department or agency authorized to receive such information. Consolidated
Appropriations Act, 2022, Public Law 117-103, Division E, Title VII, Section 742.
Duplicative Funding: The recipient understands and agrees to notify the COPS Office if it receives, from
any other source, funding for the same item or service also funded under this award.
Contract Provision: All contracts made by the award recipients under the federal award must contain the
provisions required under 2 C.F.R. Part 200, Appendix II to Part 200—Contract Provisions for Non-
Federal Entity Contracts Under Federal Awards. Please see appendices in the Award Owner’s Manual
for a full text of the contract provisions.
Award Monitoring Activities: Federal law requires that recipients receiving federal funding from the COPS
Office must be monitored to ensure compliance with their award conditions and other applicable statutes
and regulations. The COPS Office is also interested in tracking the progress of our programs and the
Financial Information
Other Award Documents
Award Conditions
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advancement of community policing. Both aspects of award implementation—compliance and
programmatic benefits—are part of the monitoring process coordinated by the U.S. Department of
Justice. Award monitoring activities conducted by the COPS Office include site visits, enhanced office-
based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit
resolution. As a COPS Office award recipient, you agree to cooperate with and respond to any requests
for information pertaining to your award. This includes all financial records, such as general accounting
ledgers and all supporting documents. All information pertinent to the implementation of the award is
subject to agency review throughout the life of the award, during the close-out process and for three-
years after the submission of the final expenditure report. 34 U.S.C. § 10385(a) and 2 C.F.R. §§ 200.334
and 200.337.
Authorized Representative Responsibility: The recipient understands that, in accepting this award, the
Authorized Representatives declare and certify, among other things, that they possess the requisite legal
authority to accept the award on behalf of the recipient entity and, in so doing, accept (or adopt) all
material requirements 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.
Termination: Recipient understands and agrees that the COPS Office may terminate funding, in whole or
in part, for the following reasons:
(1) When the recipient fails to comply with the terms and conditions of a Federal award.
(2) When an award no longer effectuates the program goals or agency priorities, to the extent such
termination is authorized by law.
(3) When the recipient agrees to the termination and termination conditions.
(4) When the recipient provides the COPS Office written notification requesting termination including the
reasons, effective date, and the portion of the award to be terminated. The COPS Office may terminate
the entire award if the remaining portion will not accomplish the purposes of the award.
(5) Pursuant to any other termination provisions included in the award.
2. C.F.R. § 200.340.
Award Owner’s Manual: The recipient agrees to comply with the terms and conditions in the applicable
2022 COPS Office Program Award Owner's Manual; DOJ Grants Financial Guide; COPS Office statute
(34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing (STOP) School
Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the requirements of 2 C.F.R. Part 200
(Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) as
adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as
applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable;
representations made in the application; and all other applicable program requirements, laws, orders,
regulations, or circulars.
Assurances and Certifications: The recipient acknowledges its agreement to comply with the Assurances
and Certifications forms that were signed as part of its application.
Federal Civil Rights: The Applicant understands that the federal statutes and regulations applicable to
the award (if any) made by the Department based on the application specifically include statutes and
regulations pertaining to civil rights and nondiscrimination, and, in addition—
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a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601
of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29
U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of
the Age Discrimination Act of 1975 (42 U.S.C. § 6102);
b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include
section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. §
10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of
the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant
condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)),
which will apply to all awards made by the Office on Violence Against Women, also may apply to an
award made otherwise;
c. the Applicant understands that it must require any subrecipient to comply with all such applicable
statutes (and associated regulations); and
d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204.
The Applicant also understands that (in addition to any applicable program-specific regulations and to
applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations
applicable to the award (if any) made by the Department based on the application may include, but are
not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22
(confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding
faith-based or religious organizations participating in federal financial assistance programs), and 46
(human subjects protection).
Mandatory Disclosure: Recipients and subrecipients must timely disclose in writing to the Federal
awarding agency or pass-through entity, as applicable, all federal criminal law violations involving fraud,
bribery, or gratuity that may potentially affect the awarded federal funding. Recipients that receive an
award over $500,000 must also report certain civil, criminal, or administrative proceedings in SAM and
are required to comply with the Term and Condition for Recipient Integrity and Performance Matters as
set out in 2 C.F.R. Part 200, Appendix XII to Part 200. Failure to make required disclosures can result in
any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.339. 2 C.F.R. §
200.113.
Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information: Recipients
and subrecipients agree not to discharge, demote, or otherwise discriminate against an employee as
reprisal for the employee disclosing information that he or she reasonably believes is evidence of gross
mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority
relating to a federal contract or award, a substantial and specific danger to public health or safety, or a
violation of law, rule, or regulation related to a Federal contract (including the competition for or
negotiation of a contract) or award. Recipients and subrecipients also agree to provide to their
employees in writing (in the predominant native language of the workforce) of the rights and remedies
provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner’s Manual for a full text of the
statute.
False Statements: False statements or claims made in connection with COPS Office awards may result
in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other
remedy available by law. 31 U.S.C. § 3729-3733.
System for Award Management (SAM) and Universal Identifier Requirements: The recipient agrees to
comply with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 – Award Term:
I. System for Award Management and Universal Identifier Requirements
A. Requirement for System for Award Management
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Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain
current information in the SAM. This includes information on your immediate and highest level owner and
subsidiaries, as well as on all of your predecessors that have been awarded a Federal contract or
Federal financial assistance within the last three years, if applicable, until you submit the final financial
report required under this Federal award or receive the final payment, whichever is later. This requires
that you review and update the information at least annually after the initial registration, and more
frequently if required by changes in your information or another Federal award term.
B. Requirement for Unique Entity Identifier
If you are authorized to make subawards under this Federal award, you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may
receive a subaward from you until the entity has provided its Unique Entity Identifier to you.
2. May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier to you.
Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity
Identifier.
C. Definitions
For purposes of this term:
1. System for Award Management (SAM) means the Federal repository into which a recipient must
provide information required for the conduct of business as a recipient. Additional information about
registration procedures may be found at the SAM internet site (currently at https://www.sam.gov).
2. Unique Entity Identifier means the identifier assigned by SAM to uniquely identify business entities.
3. Entity includes non-Federal entities as defined at 2 CFR 200.1 and also includes all of the following,
for purposes of this part:
a. A foreign organization;
b. A foreign public entity;
c. A domestic for-profit organization; and
d. A Federal agency.
4. Subaward has the meaning given in 2 CFR 200.1.
5. Subrecipient has the meaning given in 2 CFR 200.1.
Reporting Subawards and Executive Compensation
The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part
170 – Award Term:
I. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.
Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report
each action that equals or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or
Federal agency (see definitions in paragraph e. of this award term).
2. Where and when to report.
i. The non-Federal entity or Federal agency must report each obligating action described in paragraph
a.1. of this award term to http://www.fsrs.gov.
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ii. For subaward information, report no later than the end of the month following the month in which the
obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation
must be reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that the submission
instructions posted at http://www.fsrs.gov specify.
b. Reporting total compensation of recipient executives for non-Federal entities.
1. Applicability and what to report. You must report total compensation for each of your five most highly
compensated executives for the preceding completed fiscal year, if—
i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as
defined in 2 CFR 170.320;
ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards), and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and,
iii. The public does not have access to information about the compensation of the executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has
access to the compensation information, see the U.S. Security and Exchange Commission total
compensation filings at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in paragraph b.1.
of this award term:
i. As part of your registration profile at https://www.sam.gov.
ii. By the end of the month following the month in which this award is made, and annually thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term,
for each first-tier non-Federal entity subrecipient under this award, you shall report the names and total
compensation of each of the subrecipient's five most highly compensated executives for the
subrecipient's preceding completed fiscal year, if—
i. in the subrecipient's preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards) and,
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has
access to the compensation information, see the U.S. Security and Exchange Commission total
compensation filings at http://www.sec.gov/answers/execomp.htm.)
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2. Where and when to report. You must report subrecipient executive total compensation described in
paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward. For example, if a
subaward is obligated on any date during the month of October of a given year (i.e., between October 1
and 31), you must report any required compensation information of the subrecipient by November 30 of
that year.
d. Exemptions.
If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt
from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any subrecipient.
e. Definitions. For purposes of this award term:
1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5
U.S.C. 552(f).
2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization; and,
iv. A domestic or foreign for-profit organization
3. Executive means officers, managing partners, or any other employees in management positions.
4. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of the
substantive project or program for which you received this award and that you as the recipient award to
an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry out the project
or program (for further explanation, see 2 CFR 200.331).
iii. A subaward may be provided through any legal agreement, including an agreement that you or a
subrecipient considers a contract.
5. Subrecipient means a non-Federal entity or Federal agency that:
i. Receives a subaward from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the subaward.
6. Total compensation means the cash and noncash dollar value earned by the executive during the
recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17
CFR 229.402(c)(2)).
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Equal Employment Opportunity Plan (EEOP): All recipients of funding from the COPS Office must
comply with the federal regulations pertaining to the development and implementation of an Equal
Employment Opportunity Plan. 28 C.F.R. Part 42 subpart E.
Reports/Performance Goals: To assist the COPS Office in monitoring and tracking the performance of
your award, your agency will be responsible for submitting semi-annual programmatic performance
reports that describe project activities during the reporting period and quarterly Federal Financial Reports
using Standard Form 425 (SF-425). 2 C.F.R. §§ 200.328 - 200.329. The performance report is used to
track your agency’s progress toward implementing community policing strategies and to collect data to
gauge the effectiveness of increasing your agency’s community policing capacity through COPS Office
funding. The Federal Financial Report is used to track the expenditures of the recipient’s award funds on
a cumulative basis throughout the life of the award.
Recipient Integrity and Performance Matters: For awards over $500,000, the recipient agrees to comply
with the following requirements of 2 C.F.R. Part 200, Appendix XII to Part 200 – Award Term and
Condition for Recipient Integrity and Performance Matters:
A. Reporting of Matters Related to Recipient Integrity and Performance
1. General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and procurement contracts from
all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of
performance of this Federal award, then you as the recipient during that period of time must maintain the
currency of information reported to the System for Award Management (SAM) that is made available in
the designated integrity and performance system (currently the Federal Awardee Performance and
Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in
paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public
Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all
information posted in the designated integrity and performance system on or after April 15, 2011, except
past performance reviews required for Federal procurement contracts, will be publicly available.
2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement
contract from the Federal Government;
b. Reached its final disposition during the most recent five-year period; and
c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and
condition;
(2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine,
penalty, reimbursement, restitution, or damages of $5,000 or more;
(3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that
resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000
or more or reimbursement, restitution, or damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and
condition;
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(ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on
your part; and
(iii) The requirement in this award term and condition to disclose information about the proceeding does
not conflict with applicable laws and regulations.
3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding
described in paragraph 2 of this award term and condition. You do not need to submit the information a
second time under assistance awards that you received if you already provided the information through
SAM because you were required to do so under Federal procurement contracts that you were awarded.
4. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1 of this award term and
condition, you must report proceedings information through SAM for the most recent five year period,
either to report new information about any proceeding(s) that you have not reported previously or affirm
that there is no new information to report. Recipients that have Federal contract, grant, and cooperative
agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually
any information about the criminal, civil, and administrative proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make
a determination of fault or liability (e.g., Securities and Exchange Commission Administrative
proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract
Appeals proceedings). This includes proceedings at the Federal and State level but only in connection
with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or
inspection of deliverables.
b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a
criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and
includes a conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts includes—
(1) Only the Federal share of the funding under any Federal award with a recipient cost share or match;
and
(2) The value of all expected funding increments under a Federal award and options, even if not yet
exercised.
Debarment and Suspension: The recipient agrees not to award federal funds under this program to any
party which is debarred or suspended from participation in federal assistance programs. 2 C.F.R. Part
180 (Government-wide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part 2867 (DOJ
Nonprocurement Debarment and Suspension).
Employment Eligibility: The recipient agrees to complete and keep on file, as appropriate, the
Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Employment
Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that
persons are eligible to work in the United States. Immigration Reform and Control Act of 1986 (IRCA),
Public Law 99-603.
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Conflict of Interest: Recipients and subrecipients must disclose in writing to the COPS Office or pass-
through entity, as applicable, any potential conflict of interest affecting the awarded federal funding in 2
C.F.R. § 200.112.
Additional High-Risk Recipient Requirements: The recipient agrees to comply with any additional
requirements that may be imposed during the award performance period if the awarding agency
determines that the recipient is a high-risk recipient. 2 C.F.R. § 200.208.
Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: Recipient
agrees that it, and its subrecipients, will not use award funds to extend, renew, or enter into any contract
to procure or obtain any covered telecommunication and video surveillance services or equipment as
described in 2 CFR §200.216. Covered services and equipment include telecommunications or video
surveillance services or equipment produced or provided by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation,
Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities); or an entity that the Secretary of Defense, in consultation with the Director of the
National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an
entity owned or controlled by, or otherwise connected to, the government of China. The use of award
funds on covered telecommunications or video surveillance services or equipment are unallowable.
2. C.F.R. § § 200.216 & 471. See also Section 889 of the John S. McCain National Defense Authorization
Act of Fiscal Year 2019, Public Law 115-232.
Travel Costs: Travel costs for transportation, lodging and subsistence, and related items are allowable
with prior approval from the COPS Office. Payment for allowable travel costs will be in accordance with 2
C.F.R. § 200.475.
The Paperwork Reduction Act Clearance and Privacy Act Review: Recipient agrees, if required, to
submit all surveys, interview protocols, and other information collections to the COPS Office for
submission to the Office of Management and Budget (OMB) for clearance under the Paperwork
Reduction Act (PRA). Before submission to OMB, all information collections that request personally
identifiable information must be reviewed by the COPS Office to ensure compliance with the Privacy Act.
The Privacy Act compliance review and the PRA clearance process may take several months to
complete. 44 U.S.C. §§ 3501-3520 and 5 U.S.C. § 552a.
Supplementing, not Supplanting: State, local, and tribal government recipients must use award funds to
supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already
committed or otherwise would have been committed for award purposes (hiring, training, purchases,
and/or activities) during the award period. In other words, state, local, and tribal government recipients
may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have been
dedicated to the COPS Office-funded item(s) in the absence of the COPS Office award. 34 U.S.C. §
10384(a).
Sole Source Justification: Recipients who have been awarded funding for the procurement of an item (or
group of items) or service in excess of $250,000 and who plan to seek approval for use of a
noncompetitive procurement process must provide a written sole source justification to the COPS Office
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for approval prior to obligating, expending, or drawing down award funds for that item or service. 2 C.F.R.
§ 200.325(b)(2).
Evaluations: The COPS Office may conduct monitoring or sponsor national evaluations of its award
programs. The recipient agrees to cooperate with the monitors and evaluators. 34 U.S.C. § 10385(b).
News Media: The recipient agrees to comply with the COPS Office policy on contact with the news
media. The policy establishes the COPS Office Communications Division as the principal point of contact
for the news media for issues relevant to the COPS Office or parameters of this award. The recipient
agrees to refer all media inquiries on these topics directly to the COPS Office Communications Division
at 202-514-9079.
Modifications: Award modifications are evaluated on a case-by-case basis in accordance with 2 C.F.R. §
200.308(f). For federal awards in excess of $250,000, any modification request involving the reallocation
of funding between budget categories that exceed or are expected to exceed 10 percent (10%) of the
total approved budget requires prior written approval by the COPS Office. Regardless of the federal
award amount or budget modification percentage, any reallocation of funding is limited to approved
budget categories. In addition, any budget modification that changes the scope of the project requires
prior written approval by the COPS Office.
Public Release Information: The recipient agrees to submit one copy of all reports and proposed
publications resulting from this award ninety (90) days prior to public release. Any publications (written,
curricula, visual, sound, or websites) or computer programs, whether or not published at government
expense, shall contain the following statement:
"This project was supported, in whole or in part, by federal award number [YYYY-XX-XXXX] awarded to
[Entity] by the U.S. Department of Justice, Office of Community Oriented Policing Services. The opinions
contained herein are those of the author(s) or contributor(s) and do not necessarily represent the official
position or policies of the U.S. Department of Justice. References to specific individuals, agencies,
companies, products, or services should not be considered an endorsement by the author(s),
contributor(s), or the U.S. Department of Justice. Rather, the references are illustrations to supplement
discussion of the issues.
The Internet references cited in this publication were valid as of the date of publication. Given that URLs
and websites are in constant flux, neither the author(s) nor the COPS Office can vouch for their current
validity."
Human Subjects Research: The recipient agrees to comply with the provisions of the U.S. Department of
Justice’s common rule regarding Protection of Human Subjects, 28 C.F.R. Part 46, prior to the
expenditure of Federal funds to perform such activities, if applicable. The recipient also agrees to comply
with 28 C.F.R. Part 22 regarding the safeguarding of individually identifiable information collected from
research participants.
Copyright: If applicable, the recipient may copyright any work that is subject to copyright and was
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developed, or for which ownership was acquired, under this award in accordance with 2 C.F.R. §
200.315(b). The COPS Office reserves a royalty-free, nonexclusive and irrevocable license to reproduce,
publish, or otherwise use the work, in whole or in part (including create derivative works), for Federal
Government purposes, and to authorize others to do so. The COPS Office also reserves the right, at its
discretion, not to publish deliverables and other materials developed under this award as a U.S.
Department of Justice resource.
Products and deliverables developed with award funds and published as a U.S. Department of Justice
resource will contain the following copyright notice:
“This resource was developed under a federal award and may be subject to copyright. The U.S.
Department of Justice reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,
publish, or otherwise use the work for Federal Government purposes and to authorize others to do so.
This resource may be freely distributed and used for noncommercial and educational purposes only.”
Computer Network Requirement: The recipient understands and agrees that no award funds may be
used to maintain or establish a computer network unless such network blocks the viewing, downloading,
and exchanging of pornography. Nothing in this requirement limits the use of funds necessary for any
federal, state, tribal, or local law enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities. Consolidated Appropriations Act, 2022, Public Law
117-103, Division B, Title V, Section 527.
Allowable Costs: The funding under this award is for the payment of approved costs for program-specific
purposes. The allowable costs approved for your agency's award are limited to those listed in your
agency’s award package. In accordance with 2 C.F.R. § 200.400(g), the recipient must forgo any profit or
management fee. Your agency may not use award funds for any costs not identified as allowable in the
award package.
Extensions: Recipients may request an extension of the award period to receive additional time to
implement their award program. Such extensions do not provide additional funding. Only those recipients
that can provide a reasonable justification for delays will be granted no-cost extensions. Extension
requests must be received prior to the end date of the award. 2 C.F.R. §§ 200.308(e)(2) and 200.309.
Domestic preferences for procurements: Recipient agrees that it, and its subrecipients, to the greatest
extent practicable, will provide a preference for the purchase, acquisition, or use of goods, products, and
materials produced in, and services offered in, the United States. 2. C.F.R. § 200.322 and Executive
Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers, January 25,
2021.
Conditional Budget Clearance: The recipient understands that the budget for this award is pending
review and approval. Until approved, the recipient agrees not to obligate, expend or draw down funds
until the COPS Office has approved the budget and an Award Condition Modification (ACM) has been
issued to remove this award condition. Recipients will not be reimbursed for any obligations or
expenditures that are not approved.
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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.
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
Acting Director
Name of Approving Official
ROBERT CHAPMAN
Signed Date And Time
9/28/22 2:23 AM
Award Acceptance
Agency Approval
Authorized Representative
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U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
FY22 Law Enforcement Agency De-Escalation Grants CPD 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 Law Enforcement Agency De-Escalation Grants- Community Policing Development Program,
and further to 34 U.S.C. § 10153(a), I certify to the Office of Community Policing Services (“COPS”), 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 COPS 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 COPS 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 COPS 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 COPS 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
Local Government
_
Date of Certification
_
_
Printed Name of Chief Executive
_
Title of Chief Executive
_
_
Name of Applicant Unit of Local Government
_ _ _
Rev. May 11, 2021