HomeMy WebLinkAboutAgreement A-23-156 MOU with the City of Fresno.pdf Moo
Agreement No. 23-156
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INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FRESNO and COUNTY OF FRESNO
(ALL OF FRESNO COUNTY, STATE OF CALIFORNIA)
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
FY 2022 LOCAL SOLICITATION
This Agreement, which incorporates Grant Management System Award Number
15PBJA22-GG-002061-JAGX, including the Certifications and Assurances, is made and entered
into this 11th day of April 2023, by and between the County of Fresno, acting
by and through its governing body, the County Board of Supervisors (COUNTY), and the City of
Fresno, acting by and through its governing body, the City Council (CITY), all of Fresno County,
State of California, witnesseth:
RECITALS
WHEREAS, this Agreement is made under the authority of Section 930 through 930.6 of
the Government Code; and
WHEREAS, each governing body, in performing governmental functions or in paying for
the performance of governmental functions hereunder, shall make that performance or those
payments only from current Edward Byrne Memorial Justice Assistance Grant Program (JAG)
revenues annually appropriated and available to that party; and
WHEREAS, each governing body finds that the performance of this Agreement is in the
best interests of all parties, that the undertaking will benefit the public, and that the division of
costs/allocation of funds fairly divides JAG funding and compensates the performing party for the
services or functions under this Agreement; and
WHEREAS, the County of Fresno is a disparate jurisdiction. Allocation amounts for
disparate jurisdictions appearing on the 2022 JAG allocation list are suggested amounts based
on what each jurisdiction would have been eligible to receive if there was no identified disparity.
Disparate jurisdictions are responsible for determining individual allocations and documenting
individual allocations in a Memorandum Of Understanding. The suggested allocation amounts
are as follows: the CITY shall receive $229,282, and the COUNTY shall receive $95,930; and
WHEREAS,jurisdictions certified as disparate must identify a fiscal agent who will submit
a joint application for the total eligible allocation. The fiscal agent will be responsible for oversight
of subawardee spending and monitoring of specific outcomes and benefits attributable to use of
funds. Up to 10 percent of the JAG award funds may be used for costs associated with
administering JAG funds; and
WHEREAS, the CITY and COUNTY believe it to be in their best interests to allocate the
JAG funds as suggested on the 2022 JAG allocation noted above.
AGREEMENT
NOW THEREFORE, the COUNTY and CITY agree as follows:
Section 1.
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The CITY and COUNTY have agreed that the CITY will act as Fiscal Agent for purposes
of the FY 2022 JAG. The CITY and COUNTY have agreed neither party will seek costs
associated with administering JAG funds. Contingent upon funding being available, CITY agrees
to allocate funding to the COUNTY in the amount of$95,930 from the FY 2022 JAG funds within
30 days of receipt of funds by City.
Section 2.
COUNTY and CITY agree to use funds for the JAG until expiration of the FY 2022 JAG
term, whereupon any unused funds shall be remitted to the U.S. Department Of Justice (DOJ),
Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA), consistent with Program
requirements.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for claims against
CITY other than claims for which liability may be imposed by the California Tort Claims Act.
Section 4.
Nothing in the performance of this Agreement shall impose any liability for claims against
COUNTY other than claims for which liability may be imposed by the California Tort Claims Act.
Section 5.
The CITY and COUNTY agree to comply with all requirements of the Edward Byrne
Memorial Justice Assistance Grant Program (34 U.S.C. 10153(a)), and in accordance with all
applicable statutes, regulations, Office of Management and Budget (OMB) Circulars, and
guidelines, including the OJP Financial Guide. The COUNTY agrees to provide the CITY, as
Fiscal Agent, with all required financial reporting within 30 days after the end of each quarter and
semi-annual programmatic reporting information no later than the 30 days following the end of
each six-month period, in a format approved by the CITY.
Section 6.
The parties are acting in an independent capacity. Each of the parties agrees that it,
including any and all of its officers, agents, and/or employees, shall have absolutely no right to
employment rights and benefits available to the other party's employees. Each party shall be
solely liable and responsible for providing to, or on behalf of, its own officers, agents, and/or
employees all legally and contractually required employee benefits. In addition, each party shall
be solely responsible and hold the other party harmless for all matters relating to payment of each
party's employees, including, but not limited to, compliance with applicable social security
withholding and all other regulations governing such matters. Further and without limitation, each
party to this Agreement will be responsible for its own actions in providing services under this
Agreement and shall not be liable for any civil liability that may arise from the furnishing of the
services by the other party.
CITY shall indemnify, hold harmless and defend County of Fresno and each of its officers,
officials, employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited
to personal injury, death at any time and property damage) incurred by County of Fresno, CITY
or any other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from
the negligent or intentional acts or omissions, or willful misconduct of CITY or any of its officers,
officials, employees, agents or volunteers in the performance of this Agreement; provided nothing
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herein shall constitute a waiver by CITY of governmental immunities including California
Government Code section 810 et seq.
County of Fresno shall indemnify, hold harmless and defend CITY and each of its officers,
officials, employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited
to personal injury, death at any time and property damage) incurred by the CITY, County of Fresno
or any other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from
the negligent or intentional acts or omissions, or willful misconduct of County of Fresno or any of
its officers, officials, employees, agents or volunteers in the performance of this Agreement;
provided nothing herein shall constitute a waiver by County of Fresno of governmental immunities
including California Government Code section 810 et seq.
In the event of concurrent negligence on the part of CITY or any of its officers, officials,
employees, agents or volunteers, and County of Fresno or any of its officers, officials, employees,
agents or volunteers, the liability for any and all such claims, demands and actions in law or equity
for such losses, fines, penalties, forfeitures, costs and damages shall be apportioned under the
State of California's theory of comparative negligence as presently established or as may be
modified hereafter.
This section 6 shall survive termination or expiration of this Agreement.
Section 7.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of
this Agreement.
Section 8.
By entering into this Agreement, the parties do not intend to create any obligations express
or implied other than those set out herein. Further, this Agreement shall not create any rights in
any party not a signatory hereto.
Section 9.
Any and all notices between the parties provided for or permitted under this Agreement or
by law shall be in writing and shall be deemed duly served when personally delivered to each
party, or in lieu of such personal service, when deposited in the United States Mail, postage
prepaid, addressed to each party at the address provided on the signature page of this
Agreement. For all claims arising out of or related to this Agreement, nothing in this section
establishes, waives, or modifies any claims presentation requirements or procedures provided by
law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the
Government Code, beginning with section 810).
Section 10.
Each party shall at any time during business hours, and as often as each party may
reasonably deem necessary, make available to each other for examination all of its records and
data with respect to the matters covered by this Agreement for a period of three years following
JAG expiration.
Section 11.
The provisions of this Agreement are severable. The invalidity, or unenforceability of any
one provision in this Agreement shall not affect the other provisions.
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Section 12.
The parties acknowledge that this Agreement in its final form is the result of the combined
efforts of the parties and that, should any provision of this Agreement be found to be ambiguous
in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or
against any party, but rather by construing the terms in accordance with their generally accepted
meaning.
Section 13.
This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof and supersedes all previous agreements, negotiations, proposals,
commitments, writing, advertisements, publications, and understandings of any nature
whatsoever unless expressly included in this Agreement.
Section 14.
Each party represents that it and the person signing on its behalf has full authority to
execute and enter into this Agreement. This Agreement is subject to ratification by the
approval of the Fresno City Council, and approval of the Fresno County Board of
Supervisors.
Section 15.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same Agreement,
binding on the parties hereto according to its terms and conditions.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Fresno
County, California as of the day and year first hereinabove written.
CITY OF FRESNO COUNTY OF FRESNO
By. By:
Georg aftne A. White, City Manager al iQero,, Chairman of the
City of esno oervisors of the County of
Fresno
ATTEST:
y: BERNICE E. SEIDEL, Clerk of the
P co Balderrama, Chief of Police Board of Supervisors County of Fresno,
F sno Police Department State of Califomia
By:
APPROVED AS TO FORM:
ANDREW JANZ
City Attorn Address.
County of Fresno
gy; 8 , Z 3 Attn: John Zanoni, Sheriff
ate Fresno County Sheriffs Office
ty City Attorney 2200 Fresno Street
Fresno, CA 93717
A EST.
TODD STERMER, CMC Fund: 0095
City Cier� n Subdass: 17655
G Org: 1456
By: ,L 4 " ,w�'�cC�2 O j Account:4375
Deputy
Address:
City of Fresno
Attn: Chief Paco Balderrama
Fresno Police Department
2323 Mariposa Street
Fresno, CA 93721
'ay low,the Fresno City Attorney's Office may only advise or approve the form of contracts or legal documents on
behad of Its Clients.It may not advise or approve the form of contracts or legal document on behalf of other parties.
Our view of this document was conducted solely from the legal perspective of our dent.Our approval as to the form
of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and
should seek review and approval by their own respective attorney(s).
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Certifications and Assurances
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. 1 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 OR decision to make
an award, under the application described above, to the applicant unit of local government.
2. 1 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. 1 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. 1 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. 1 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. 1 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.
May 12,2023
Signatur of C iel xecut a of the Applicant Unit of Date of Certification
Local Go ent Chairman of the Board of Supervisors of the County of Fresno
Sal Quintero
Printed Name of Chief Executive Title of Chief Executive
County of Fresno
Name of Applicant Unit of Local Government
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
Countv of Fresno.State of California
By_ et//A� Deputy
Rev.Apd[26,2022
Award Conditions
Award Letter
September 26, 2022
Dear Paco Balderrama,
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 FRESNO, 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 $325,212.
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. 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
hftps:/Iojp.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 Justice Assistance Grant Program (JAG) allows states and local governments
to support a broad range of activities to prevent and control crime and to improve the criminal justice
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 obligating funds for any of the specified activities,the grantee must first determine
if any of the specified activities will be funded by the grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any 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.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an
Environmental Impact Statement, as directed by BJA. Further, for programs relating to
methamphetamine laboratory operations,the preparation of a detailed Mitigation Plan will be required.
For more information about Mitigation Plan requirements, please see
https://www.bja.gov/Funding/nepa.html.
NEPA Coordinator
First Name Middle Name Last Name
Orbin -- Terry
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Recipient Information
Recipient Name
FRESNO, CITY OF
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Street 1 Street 2
2600 FRESNO ST
City State/U.S. Territory
FRESNO California
Zip/Postal Code Country
93721 United States
County/Parish Province
Award Details
Federal Award Date Award Type
9/26/22 Initial
Award Number Supplement Number
15PBJA-22-GG-02061-JAGX 00
Federal Award Amount Funding Instrument Type
$325,212.00 Grant
Assistance Listing Number Assistance Listings Program Title
16.738 Edward Byrne Memorial Justice Assistance Grant Program
Statutory Authority
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.
Project Information
> Financial Information
Award Conditions
Award Acceptance
Award Letter
Award Information
Project Information
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 Awarding Agency
2022 BJA FY 22 Edward Byrne Memorial OJP
Justice Assistance Grant Program - Local Program Office
Solicitation
BJA
Application Number
GRANT13681617
Grant Manager Name Phone Number
Linda Hill-Franklin 202-514-0712
E-mail Address
Linda.HiII-Franklin@usdoj.gov
......................................................................._............................................._.....................................,............................................
Project Title
Local Law Enforcement Equipment and Services Augmentation Program
Performance Period Start Performance Period End
Date Date
10/01/2021 09/30/2025
Budget Period Start Date Budget Period End Date
10101/2021 09/30/2025
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 oroarams.
I have read and understand the information presented in this section of the Federal Award Instrument.
Financial Information
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.
> Award Conditions
Award Acceptance
Award Letter
Award Information
Project Information
Financial Information
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
1Q1
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.
U2
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:Hojp.gov/funding/Part2000niformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient
("subgrantee") at any tier) must retain --typically for a period of 3 years from the date of submission of the
final expenditure report (SF 425), unless a different retention period applies--and to which the recipient
(and any subrecipient("subgrantee") at any tier) must provide access, include performance measurement
information, in addition to the financial records, supporting documents, statistical records, and other
pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed
by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform
Requirements, the recipient is to contact OJP promptly for clarification.
M3
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.
'Q4
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.
M5
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.
'D6
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.
'Q7
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-AwardRegts.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.
9Q8
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 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.
4M9
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.
M10
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."
Im11
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.
M12
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").
M13
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under
this award. The data must be provided to OJP in the manner (including within the timeframes) specified by
OJP in the program solicitation or other applicable written guidance. Data collection supports compliance
with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and
other applicable laws.
TD14
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.
M15
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.
'D16
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.
9M17
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.
M18
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.
Im19
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.
U20
Employment eligibility verification for hiring under the award
1. The recipient(and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded
(in whole or in part)with award funds, the recipient(or any subrecipient) properly verifies the employment
eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient)who are or will be involved in
activities under this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1)that, generally speaking, make it unlawful, in the
United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary)to those persons required by this condition to be notified of the
award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C.
1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements),
maintain records of all employment eligibility verifications pertinent to compliance with this award condition
in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications
and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be
obligated for the reasonable, necessary, and allocable costs (if any)of actions designed to ensure
compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons"who are or will be involved in activities under this award" specifically
includes (without limitation) any and all recipient (or any subrecipient)officials or other staff who are or will
be involved in the hiring process with respect to a position that is or will be funded (in whole or in part)with
award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,
the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov),
provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify
(and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation"or a
"Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States
that is or will be funded (in whole or in part)with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the
United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any
tier, or any person or other entity, to violate any federal law, including any applicable civil rights or
nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any
subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8
U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify
website (https://www.e-verify.gov/)or email E-Verify at E-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.
'Q21
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),
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.
4Q22
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.
'Q23
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:Hojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants")
must have specific federal authorization), and are incorporated by reference here.
M24
Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management
(SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding
registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants")to first-tier
subrecipients (first-tier"subgrantees"), including restrictions on subawards to entities that do not acquire and
provide (to the recipient)the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the
OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management
(SAM) and Universal Identifier Requirements), and are incorporated by reference here.
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).
'Q25
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.
'M26
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.
U)27
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting
requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
(including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of
persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for
purposes of this condition)as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are
posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Traffiicking.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.
'M28
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.
M29
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.
'M30
In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition
Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be
utilized in an appropriate and responsible manner that promotes public safety, and protects privacy,civil
rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the
Fourth Amendment's protection against unreasonable searches and seizures and the First Amendment's
freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT
must make such policies and procedures available to DOJ upon request.
M31
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants")of
$30,000 or more and, in certain circumstances, to report the names and total compensation of the five most
highly compensated executives of the recipient and first-tier subrecipients (first-tier"subgrantees")of award
funds. The details of recipient obligations, which derive from the Federal Funding Accountability and
Transparency Act of 2006 (FFATA), are posted on the OJP web site at
https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive
Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or
(2) an award made to an individual who received the award as a natural person (i.e., unrelated to any
business or non-profit organization that he or she may own or operate in his or her name).
M32
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).
9M33
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.
M34
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.
9M35
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.
'M36
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.
'Q37
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.
9M38
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.
M39
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.
'Q40
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.
'Q41
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.
M42
Law enforcement task forces- required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with
award funds who is a task force commander, agency executive, task force officer, or other task force
member of equivalent rank, must complete required online (internet-based) task force training. Additionally,
all future task force members must complete this training once during the period of performance for this
award, or once every four years if multiple OJP awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force
Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other
key issues including privacy and civil liberties/rights, task force performance measurement, personnel
selection, and task force oversight and accountability. If award funds are used to support a task force, the
recipient must compile and maintain a task force personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task
Force Integrity and Leadership (www.ctfli.org).
'Q43
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.
M44
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.
9M45
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.
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.
IQ46
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.
IQ47
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.
M48
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.
'Q49
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.
'M50
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 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.
'M51
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).
IM52
Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department
of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching
(https://www.justice.gov/olp/page/file/1204386/download), and must collect and report the metrics identified
in Section IX of that document to BJA.
'Q53
Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922
and 34 U.S.C. ch. 409 --if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or
in part) a specific project or program (such as a law enforcement, prosecution, or court program)that results
in any court dispositions, information, or other records that are "eligible records" (under federal or State law)
relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the
establishment or improvement of records systems that contain any court dispositions, information, or other
records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or
subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are
"eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS
or to the "State" repository/database that is electronically available to (and accessed by)the NICS, and--
when appropriate--promptly must update, correct, modify, or remove such NICS-relevant"eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate
diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great
weight to any such evidence in any express written determination regarding this condition.
M54
Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership(BVP)
program.
TM55
Certification of body armor "mandatory wear" policies, and compliance with NIJ standards
If recipient uses funds under this award to purchase body armor, the recipient must submit a signed
certification that each law enforcement agency receiving body armor purchased with funds from this award
has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any
subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor
purchases. This policy must be in place for at least all uniformed officers before any funds from this award
may be used by an agency for body armor. There are no requirements regarding the nature of the policy
other than it be a mandatory wear policy for all uniformed officers while on duty.
Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any
threat level, make or model, from any distributor or manufacturer, as long as the body armor has been
tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is
listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body
armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C.
10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by
following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and-
technology/body-armor
M56
Body armor- impact on eligibility for other program funds
The recipient understands that the use of funds under this award for purchase of body armor may impact
eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by
BJA, pursuant to the BVP statute at 34 USC 10531(c)(5).
M57
Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-
deprivation due process rights that prevent any violation or infringement of the Constitution of the United
States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights
guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied
to the States, and as interpreted by State courts and United States courts (including the Supreme Court of
the United States). Such programs must include, at the appropriate phase to prevent any violation of
constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right
to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the
right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation
heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly
situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the
full protections of the Constitution of the United States, including but not limited to the Bill of Rights,and the
substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to
the Constitution of the United States, as applied to the States, and as interpreted by State courts and United
States courts (including the Supreme Court of the United States). The heightened evidentiary standards and
proof under such programs must, at all appropriate phases to prevent any violation of any constitutional
right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on
inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of
the program.
IM58
The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any
tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles(UAV),
or for any accompanying accessories to support UAS.
n59
Initial period of performance; requests for extension.
The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial
period of performance of the award is two years. The recipient further understands that any requests for an
extension of the period of performance for an award of less than $25,000 will be approved automatically for
up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program
solicitation associated with this award.
Any request for an extension of the period of performance beyond a four-year award period will require
approval, and the approval (if any) will be at the discretion of the Director of BJA.
'Q60
BJA-JAG -Withholding of Funds for MOU
Withholding of funds: Memorandum of Understanding
The recipient may not expend or draw down any award funds until OJP has reviewed and approved the
Memorandum of Understanding (MOU), and an Award Condition Modification has been issued to remove
this condition.
'Q61
BJA-JAG -Withholding of Funds for Chief Executive Certification
Withholding of funds: Required certification from the chief executive of the applicant government
The recipient may not expend or draw down any award funds until the recipient submits the required
"Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as
determined by OJP), and an Award Condition Modification has been issued to remove this condition.
No more data to load
I have read and understand the information presented in this section of the Federal Award Instrument.
Award Acceptance
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) 1 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) 1 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) 1 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.
Agency Approval
Title of Approving Official Name of Approving Official Signed Date And Time
Deputy Assistant Attorney Maureen Henneberg 9/19/22 9:40 PM
General
Authorized Representative
Declaration and Certification
Entity Acceptance
Title of Authorized Entity Official
Chief of Police
Name of Authorized Entity Official
Paco Balderrama
Signed Date And Time
10/20/2022 4:07 PM
AppVICa,600
PROPOSAL NARRATIVE
JAG 2022
The County of Fresno encompasses 6,000 square miles of Central California with a
diversity of terrain that varies from open farmlands of the western county to rugged mountain
peaks of over 11,000 feet to the east in the Sierra Nevada Mountain range. The State Department
of Finance estimates the total population of Fresno County is 1,011,273 for 2022, an increase of
0.2% over 2021, making it the tenth most populous county in California. By geographic size it is
the sixth largest county in California and is home to the fifth largest city in the State of California
possessing the same name.Nestled in the heart of the Central San Joaquin Valley, Fresno County
is rich with agriculture. The City of Fresno has an estimated total population of 546,770 and is
made up of 115.21 square miles. Coupled with the smaller neighboring City of Clovis, these two
cities make up over 65%of the county's entire population.
STATEMENT OF THE PROBLEM
The City of Fresno has certainly endured tough times throughout the previous nine years.
In 2012, at the height of the economic downturn, the City ofFresno's budget had been decreased
by $238,854,100 in just four years and the workforce decreased by 22%. This included the loss of
over 265 police department employees through layoffs, retirement, and attrition. In 2010, the
City of Fresno employed 849 police officers. Today that number is 888 sworn personnel. The
hiring of police officers has been prioritized to fill the department's authorized sworn positions.
After two years of struggling with officer vacancies and stagnant hiring,the department is turning
the corner and rapidly adding to its ranks.
With recent legislation changes including Proposition 47, Proposition 57 and Assembly
Bill 109, law enforcement has seen a drastic increase in the need for additional police officers as
well as additional resources to combat the release of prison and jail populations onto our city
streets. The release of habitual offenders coupled with jail overcrowding has put a greater
Page 1 of 13
PROPOSAL NARRATIVE
-- -—- _ JAG 2022
demand on our agency to ensure the safety of our residents. In addition, the zero-bail policy
implemented by the State of California during the COVID-19 pandemic has made it difficult for
jails to keep suspects in custody who have been arrested for non-violent and violent crimes. It is
the mission of our department,along with the Fresno County Sheriffs Office,to preserve the trust
of our community by providing a safe and secure place to work and live. With the augmentation
of grant funding,our agencies can take leaps forward to improve the quality of life for the citizens
in our County and provide valuable law enforcement resources to draw from, as well as support
the JAG specific area of promoting public trust between communities and criminal justice
agencies.
The critical economic situation in the Fresno region has severely impacted the ability to
address crime and continues to present an even more critical need to maintain and acquire
necessary tools, communication technologies, and safety equipment for our complementof
sworn officers. Prior to COVID-19 our fiscal situation showed continued improvement;
however, the lack of hiring over the last nine years remains a grave concern for our agencies and
with the recent issues facing our country today, this will remain a concernfor years to come.
With less sworn officers on the streets, yet an increased number of calls for service, the need to
ensure each officer is adequately equipped is even more critical for their safety as well as the
community in which they serve. In addition, with the recent passage of Safer Streets for All Act
in the State of California, which decriminalizes loitering in a public place with the "intent" to
engage in sex work. This new Act will ultimately reduce the department's ability to apprehend
pimps for pimping and pandering and provide services to those victims who are"human trafficking
victims" and bring suspects who are exploiting them to justice.
With the help of the Fresno County Sheriff's Office,the Fresno Police Department(FPD)
acting as the fiscal agent will be responsible for implementing this project. FPD has a long history
Page 2 of 13
PROPOSAL NARRATIVE
JAG 2022
of success with large grant funded projects. We are confident that we can successfully meet the
goals and objectives of the 2022 Justice Assistance Grant project.
According to the FBI Crime Index for the City of Fresno, from 2012 to 2014,violent crime
had consistently dropped at a rate of 7%each year and property crime has fallen between 6%and
12%. However, in 2015 we saw increases in violent crimes across the board and in 2016 violent
crime showed a decrease of 75% from 2015. In subsequent years, overall violent crime showed a
decrease compared to 2014 with decreases in homicides, forcible rape, robberies, and slight
increases in aggravated assaults. In a January through June 2021 comparison, willful homicides
experienced an increase of 53% compared to the same time period as 2020; shootings showed an
increase of 78% for this period; and aggravated assaults during this same time period marked an
increase as well. We have taken many strides towards the reduction of crime in our city in the
past six years, however, our organization has a long way to go to further ensure the safety our of
officers and the community;thereby resulting in the need to look for additional resources to protect
our officers and better serve our citizens. In the prior ten to eleven years,due to reductions in staff
and the economic downturn, rebuilding our organization to meet public need has been showing
improvement. The department has made it a priority to hire 120 officers over the next 15 months.
This pledge started in FY 2022 and has continued into FY 2023. We have used non-traditional
methods for recruit including partnering with the military in hiring those who are leaving the
military and still want to serve their community. In addition, due to exceptional training and
mentorship within our department, we hope to close the gap and harness energetic new officers.
These officers will allow us to continue our focused policing strategies on gang eradication,
proactive enforcement, and prevention efforts. Coupled with support from our community,we can
curb the uptick in criminal activity on our streets.
Like other law enforcement agencies, we are facing challenges brought on by current
Page 3 of 13
PROPOSAL NARRATIVE
JAG 2022
economic conditions, the looming recession debate, and new legislation in place to relieve the
stress on California's prison system. As a result, we have had to implement significant
organizational changes to meetcommunity needs with fewer resources. Priorities have been
modified, staff members have been reassigned,and department operations have been restructured.
These economic constraints, combined with other issues, such as parole reform and the early
release of prisoners,have required us to focus our resources on our highest priority duties. Funding
priorities surround the need to augment existing programs with equipment, supplies and services
to ensure that these programs are a success.
The Sheriff's Office is responsible for the apprehension of criminal suspects for crimes
committed in the unincorporated areas of Fresno County, providing judicial protection, bailiff
services, public screening, court security and the operation of jail facilities for the County.
Criminal justice programs have become increasingly dependent on the award of grant funds to
augment many basic law enforcement needs. As State and Federal funds continue to decline, local
agencies struggle to fund law enforcement programs related to criminal justice. The lack of
funding for law enforcement equipment becomes a greater concern for citizen and officer safety.
A disparity exists between the City of Fresno and the County of Fresno, as certified by the
Bureau of Justice Assistance. Per a Memorandum of Understanding(MOU) by and betweenthe
City and County of Fresno, the City of Fresno has been named fiscal agent for the purpose of this
grant funding. Funding is allocated and determined by the JAG formula.
A key component of the department is fiscal responsibility and professional standards to
ensure effective and timely service to the community is met while adhering to the highest industry
standards of law enforcement. Fiduciary responsibilities are essential to our success. The Fresno
Police Department's Grants Management Unit (GMU) oversees the fiscal, programmatic, and
compliance policies/procedures associated with grant funding and local government.
Page 4 of 13
PROPOSAL NARRATIVE
JAG 2022 - ---- -
Funding allocated for the City of Fresno:
The overall mission is to "enhance safety, service and trust with our community and to
serve our community with honesty, compassion and respect." This becomes more challenging as
local agencies have endured drastic budget cuts and staff reductions while serving in economically
challenged communities. This agency continues to need equipment and supplies tocombat crime
and to ensure the safety of our sworn officers and the community they have vowed bprotect and
serve. The focus of this funding will be to augment necessary and critical safety equipment to
support our law enforcement officers,reduce liability, and ensure adequate equipment is available.
JAG funding will fund new and replacement ballistic vests for our sworn officers,safety equipment
and protective clothing for our Traffic Bureau, purchase and repair of portable radios used by our
sworn personnel, operational costs for our Air Support Unit (Skywatch), unforeseen and critical
operations costs for the K-9 Unit and ammunition including less lethal for use by our sworn
personnel during their quarterly and annual certified training.
Our agency has implemented a mandatory wear policy for ballistic vests and a five-year life
cycle for each vest as recommended by the manufacturer. Ballistic vests are a fundamental piece of
equipment and when utilized can be a matter of life or death. In our current culture lethal weapons
are prevalent within our society and in many cases are in the wrong hands. This extra layer of
protection that a ballistic vest can provide for an officer is not only smart, but necessary. All new
officers will receive a new ballistic vest that is met with current standards and fitted to the
individual. Also, every officer's vest is on a documented five-year life cycle andis replaced then.
With sworn officers,purchasing new vests occurs monthly for our department. Grant funding to
augment our purchases and this program is essential to meet the demand and the needs of
officers.
Page 5 of 13
PROPOSAL NARRATIVE
JAG 2022
Riding a police motorcycle exposes the officer to environmental hazards that are not
usually experienced by those officers operating a patrol car.To combat this, we provide our motor
officers, in our Traffic Bureau,with the best safety equipment available to lessen their exposure to
these hazards. Our motorcycle officers are provided with mid-calf length, leather riding boots to
protect their lower legs from road debris and vehicle fluid. Their pants are doublelayered riding
breeches,designed to protect the wearer from road lacerations in the event of a fall.'We issue an
Arai law enforcement version,'/a motorcycle helmet that is both DOT and SNELL compliant.Also
provided to each motorcycle officers are a pair of leather riding gloves that are designed to protect
the officer's hands in the event of an unintended dismount. Our cold weather gear consists of both
a leather jacket as well as a nylon jacket. The nylon jacket comes equipped with Kevlar panels
sewn into the back, elbows, and shoulders. Although these panels are not designed to be bullet
resistant, they are designed to protect against serious injury if the rider comes in contact with the
roadway. The designed thickness of the leather jacket is such that it accomplishes the same task
as the nylon jacket's ballistic panels. Lastly, each officer is issued a pair of cold weather gloves to
protect the officers' hands from the winter environment. We realize that it is impossible to
completely protect a motorcycle officer from the inherit hazards he or she faces when riding a
police motorcycle, but by providing this safety equipment we hope to decrease the chances of
serious injury.
Another crucial piece of equipment that officers rely on daily is a portable radio. These
communication devices are the officer's lifeline when handling calls for service, special tactical
operations, and virtually any function that a police officer is responsible for. Without this vital
piece of equipment, the ability to conduct their day-to-day activities safely and efficiently would
be impossible. Funding for new radios, parts to maintain existing radios, and accessories are
essential and a top priority for our agency.
Page 6 of 13
PROPOSAL NARRATIVE
JAG 2022
JAG funding is also being requested for our Air Support Unit, named "Skywatch" to
provide operational costs in order to conduct patrol, special surveillance, photo missions, site
surveys,which include homeland security operatives and tactical flight operations. Fuel costs have
drastically increased and costs to operate Skywatch have exceeded existing resources. The
helicopter parts and repair costs are expensive, due to the nature of the equipment. Budget
reductions in funding for this unit will not cover all the costs of operations and maintenance,
therefore a need for grant augmentation exists.
The Fresno Police Department's K-9 Unit typically incurs costs that are unforeseen
and/or over existing resources allocated within general fund dollars. Grant funding will allow
for those unanticipated and additional operational costs, such as purchase new dogs for the
replacement of aging or retiring canines, veterinary costs, feed and/or professional service
as needed. Resources such as our Air Support Unit and K-9 Unit are vital to our organization
and overall mission.
The Fresno Police Department is certified by the State of California's Commission on Peace
Officer Standards & Training(POST)to present over 40 courses to law enforcement statewide.
Many of our courses are offered in conjunction with the Fresno City College Police Academy. The
Fresno Police Department Training Unit and state-of-the-art Regional Training Center provides on
an average, 40,000 hours of tactical and safe emergency vehicle operations training to department
members on an annual basis. Half of these hours utilize tactical training along with a live fire range
training component to better enhance firearm operations and tactics for our department members.
Statistics have shown that firearm skills are perishable and only through repetitive and
enhanced training can you sustain these skills. The purchase of ammunition will ensure our
department members viable sustainability of these fundamental skills. Funding for ammunition will
enhance the safety of our officers as they participate in ongoing police training to include
Page 7 of 13
PROPOSAL NARRATIVE
-_-JAG 2022 — --- --
qualifications,perishable skills training, and special unit training. All members of the agency must
demonstrate proficiency with each weapon issued, prior to being authorized to carry the weapon in
the field. This is a critical safety training component for all sworn officers.
Both agencies have acknowledged the mandated NIBRS compliance carve out. Both
FPD and FSO are dedicated to continuing to become NIBRS compliance and state certified.
Funding allocated for the County of Fresno:
The Fresno County Sheriff-Coroner's Office-Public Administrator's Office is a full-Service
Law Enforcement Agency with a tradition of providing professional law enforcement services to
the people of Fresno County including both metropolitan and rural policing. The varied law
enforcement services include patrol, investigations,crime scene evaluation,emergency and disaster
operation management, search and rescue operations, prevention and intervention programs, court
services, detention, and rehabilitation programs. The Sheriff is the Mutual Aid Coordinator for all
law enforcement agencies within Fresno County as well as for the Central Valley region of Office
of Emergency Services (OES).
The Sheriff's Office operates five substations and three detention facilities that house and
care for a maximum population of 3,274 inmates. The Sheriff's Office delivers field services to
county residents from four rural substations,which utilize Community Oriented Policing methods
to better serve the community. The coroner is mandated to determine manner and causeof death;
to inquire into the circumstances of unusual or unattended deaths; homicides, suicides, and
accidental deaths; deaths due to contagious disease; deaths in prisons or jails and state mental
facilities; to identify the deceased and notify next ofkin; and to act as the County burial authority
in burying the indigent or abandoned dead. The Public Administrator is legallymandated to serve
in a fiduciary capacity to provide professional estate management and making final arrangements
for Fresno County residents who die without a will or any known relatives able or willing to act
Page 8 of 13
PROPOSAL NARRATIVE
- JAG 2022
on the decedent's behalf to manage and resolve the estate.
Criminal justice programs have become increasingly dependent on the award of grant funds
to augment many basic law enforcement needs. As State and Federal funds continue to decline,
local agencies struggle to fund law enforcement programs related to criminal justice. The lack
of funding for law enforcement equipment becomes a greater concern for citizen safety as well as
officer safety.
The Edward Byrne Memorial Justice Assistance Grant(JAG)program will enable the
Sheriff's Office to purchase an OSCR360 Crime Scene Preservation System for the Crime Scene
Unit that will be used to improve the quality, timeliness, and credibility of forensic science services,
for criminal justice purposes, with emphasis on violent crime and serious offenders and provide
additional equipment for the more widespread apprehension,prosecution, adjudications, and
detention of persons who violate these laws.
Funding will be used to procure a cell phone mitigation technology and access system as
permitted by applicable law that will allow the Fresno County Jail to detect illegal cell phone(s)that
are brought into the Sheriffs Jail facilities to use to further criminal activities. The technology
advances will support the prevention,detecting, seizing, and/or stopping the presence and use of
contraband cellphones within the correctional facilities. Funds will be utilized to purchase testing
computers for law enforcement training that will be directly used in the Sheriff's new hiring
program and training module that will attract, hire, and retain a diverse mix of college educated law
enforcement professions to work as accountable law enforcement professions who represent the
diverse cultures represented in Fresno County;that will allow the Fresno County Sheriff's Office to
support the JAG specific area of supporting efforts to attract and retain an all-inclusive, diverse,
expert, and accountable law enforcement workforce.
Funds will enhance law enforcement programs by augmenting equipment needs for the
Page 9of13
PROPOSAL NARRATIVE
-- — JAG 2022 - —
Explosives Ordnance Disposal (EOD) unit, and to purchase equipment for ongoing Video
Infrastructure Protection Program (VIPP) needs. The VIPP is a multi-functional video system that
has been developed and installed to provide enhanced law enforcement video system improvement
capabilities for both critical infrastructures within Fresno County as well as to supplement high
profile sites needing law enforcement presence, such as high use recreational areas, designated high
crime locations and target specific locations. Funds will be utilized for law enforcement security
upgrades to enhance the security of the Sheriff Office's headquarters to allow for a safer
environment for all who use the building. The Sheriff's headquarters building is a central point for
citizens of Fresno County to conduct a wide range of law enforcement related activities including
the filing of court orders, civil process functions, records, and reporting, as well as numerous other
activities that requires in person contact between the public and Sheriff's Office. The safety and
security of the public in and around the Sheriff's headquarters buildings is paramount to ensuring
the ability of the citizenry to conduct business with the Sheriff.
PROJECT DESIGN AND IMPLEMENTATION
Due to the recent changes in the Legislation in the criminal justice realm, local law
enforcement agencies have had to readjust their focus and priorities as it relates to crime fighting
strategies all while ensuring the community's safety and trust. Over the last several years, the
Fresno Police Department has implemented and enhanced several advisory boards, including but
not limited to the Bringing Broken Neighborhoods Back to Life, Police Chiefs Advisory Board,
Youth Advisory Council, Citizen's Police Academy, Teen Police Academy, Community
Engagement Unit, and the Residents Academies (English, Spanish, Hmong, and Sheikh). The
participants in these groups are all civilian members of our community (both city and county)and
serve many different facets from faith-based, community based or for personal knowledge.
The main goal of these groups is to ensure that we are meeting the needs of our community
Page 10 of 13
PROPOSAL NARRATIVE
JAG 2022
by focusing on community-based policing efforts in promoting and building relationships to
enhance officer and public safety. Both sworn and non-sworn (professional staff)department
members attend these meetings with the mission of educating and informing the public about
how officers do their jobs, why certain equipment and tactics are used, how agencies develop
policies and procedures, and how the community can help make their city safe. It is the intent of the
Fresno Police Department to continue to engage the community in our crime fighting strategies and
seek solutions to reducing crime in our neighborhoods.
The meetings have enabled both the Fresno Police Department and the Fresno County
Sheriff's Office to develop and prioritize our funding strategies to ensure we do our best serving
the communities utilizing the funding from JAG 2022 in the most efficient manner.
CAPABILITIES AND COMPETENCIES
Acting as the Fiscal Agent, per MOU and agreed to by all parties, is the City of Fresno
Police Department's Grants Management Unit (GMU). The Fresno Police Department is the
largest agency in this area and is a professional organization that prides itself on delivering the
highest level of quality service and protection to the community.The Department is organized into
four divisions with all divisions commanded by a Deputy Chief and management support staff
under their direction. The divisions are: Administrative Services Division, Support and Special
Services Division, Patrol Division, and Investigations Division. The Grants Management Unit,
under the Administrative Services Division, is managed by a Business Manager and employs a
Management Analyst 11. They are responsible for all oversight of department's grant related
activities, and understand the fiduciary responsibility associated with federal, state, and local
funding. The Unit has participated in several audits over the years to demonstrate
Page 11 of 13
PROPOSAL NARRATIVE
_. JAG 2022 -
transparency and accountability for those funds.This Unit will provide the mechanism for separate
tracking and reporting of grant expenditures, receivables and ensure timely reporting. Systems are
in place to track grant projects separately from general fund expenses and manage subrecipient
funding. The Unit currently manages over 15 active grant projects with several covering multiple
funding cycles and works closely with the City of Fresno's Budget and Management Office,
Finance Department as well as Personnel Services to stay compliant with all grant regulations.
PLAN FOR COLLECTING THE DATA REOUIRED OF THIS SOLICITATION'S
PERFORMANCE MEASURES:
To adequately supply data for the project activities of this grant, we will utilize Universal
Crime Reports (UCR)data, department-initiated crime analysis and any other necessary means to
provide accurate data in a timely fashion. The Fresno Police Department is one of three agencies
in the State that have been deemed National Incident Based Reporting System(NIBRS)compliant,
however, we are still waiting for the final certification document. The State of California
Department of Justice is currently verifying our error rate(which has to be less than 3%validation
error rate for 3 continuous months). The conversion of our Records Management System (RMS)
took place in September 2019. The responsibility of compiling all data and entering it into the
Bureau of Justice Assistance (BJA) Performance Measurement Tool (PMT) and Just Grants will
rest on the Business Manager in the GMU. With the recent change and roll-out of the Justice
Assistance Grant Performance Accountability Measures, both the Fresno Police Department and
the Fresno Sheriff's Office have had experience with completing this data entry. All data will be
vetted through our internal controls to ensure accuracy.
Page 12 of 13
PROPOSAL NARRATIVE
JAG 2022
As law enforcement operations costs increase, local funding resources decline, leaving
many necessary resources without financial support. Local law enforcement agencies are
economically challenged to find the resources to fund basic tools and equipment necessary in
daily operations. This project funding will assist the City and County of Fresno in their shared
dedication and determination to make our community safer for its residents.
Page 13 of 13
BUDGET NARRATI VE
JAG-22
A. Personnel—N/A
B. Fringe Benefits—N/A
C. Travel—N/A
D. Equipment-559.930
The Fresno Sherriff s Office is requesting funding to purchase a OSCR360 Crime Scene
Preservation System that is estimated at a one-time cost of$16,000. The documenting system will
be used to improve the quality,timeliness,and credibility of forensic science services,for criminal
justice purposes. They are also requesting funding for a Testing Computer for Law Enforcement
Training that is estimated at a one-time cost of$24,000. It will be directly used in the Sheriffs
new hiring program and training module that will attract, hire, and retain a diverse mix of college
educated law enforcement professionals to work as accountable law enforcement professions who
represent the diverse cultures represented in Fresno County. And lastly an equipment request for
a Law Enforcement Security Upgrades that is estimated at a one-time cost$19,930. It will be used
to enhance the security of the Sheriff Headquarter Office's entryways to allow for a safer
environment for all who use the building.
E. Suanlies-$245,382
Ammunition purchases will ensure that Fresno Police Department members have the equipment
necessary to sustain the required skills through adequate training. The Training Unit provides on
average 55,000 hours of tactical training to sworn department members on an annual basis. During
half of these hours, they participate in tactical training utilizing live fire range simulations to
enhance firearm usage,accuracy and safety for all sworn officers and members of the community.
Statistics have shown that shooting is a perishable skill that requires repetitive and periodic training
to maintain this skill. The purchase of ammunition will ensure our department members have the
Pagel of 7
BUDGET NARRATIVE
JAG 22
equipment necessary to maintain these skills. Ammunition will be utilized to conduct ongoing
police training for our officers including qualifications, perishable skills training, special unit
training, and SWAT tactical training.
Total Cost for Ammunition -$53,932
Safety equipment and/or supplies are needed to continue to support officers working in special
units such as Special Weapons And Tactics(SWAT),Traffic Bureau, Bicycle Patrol, Mobile Field
Force (MFF), Explosive Ordnance Disposal (EOD) Unit, and Special Response Teams (SRT).
This may include safety equipment such as tactical vests, motorcycle helmets, protective
equipment,weapons,and accessories.Not only does this equipment allow officers to conduct their
assigned duties, but it provides them with the tools to enhance their capabilities in a safe and
effective manner. The Fresno Police Department's Traffic Bureau officers require specialized
uniforms and boots for their safety when operating their police issued motorcycle. These uniforms
are different than and in addition to the uniforms worn by patrol officers. The cost of these
uniforms is not part of the city's budget nor part of the officer's uniform allowance but are essential
safety equipment for those officers that are assigned a motorcycle. JAG funding allows our
department to provide essential safety equipment to those officers assigned to special units that is
not budgeted in the City's general fund.
Total Cost for Safety Equipment-$12,750
The Air Support Unit or "Skywatch" patrol was at risk of being grounded this next fiscal year
without additional funding to support their services.However,with various outside resources,such
as JAG funding we will be able to continue the use of our air patrol to assist officers on the ground
with daily coverage. The funding will provide maintenance and operations costs in order to
Page 2 of 7
BUDGET NARRATIVE
JAG 22
conduct patrol, special surveillance operations,photo missions,and site surveys of incidents. Fuel
costs have drastically increased recently and costs to operate Skywatch has exceeded existing
resource capabilities to financially sustain the program without additional support. It may be
necessary to purchase or repair other parts for our Forward Looking Infrared (FLIR) devices on
each helicopter.The FLIR is a "heat-seeking device"the helicopter observer uses to track suspects
on the ground from the air. Helicopter parts are expensive and are increasing due to the technology
and nature of the equipment needed.
Total Cost for Skywatch Operations -$95,700
Funding for our ballistic vest program is also being requested. Our agency has implemented a
mandatory wear policy for ballistic vests and a five-year life cycle for each vest as recommended
by the manufacturer. Ballistic vests are a fundamental piece of equipment and whether utilized or
not can be a matter of life or death. All new officers will receive a new ballistic vest that meets
current standards and is fitted to the individual. Also,every officer's vest is on a documented five-
year life cycle and is replaced then. Grant funding will be utilized to augment current funding for
this program and is essential to meet the demand and the needs of officers.
Total Cost for Ballistic Vests-$35,000
Another crucial piece of equipment that officers rely on daily is a portable radio. These
communication devices are the officer's lifeline when handling calls for service, special tactical
operations, and virtually any function that a police officer is responsible for. Without this vital
piece of equipment, the ability to conduct their day-to-day activities safely and efficiently would
Page 3 of 7
BUDGET NARRATIVE
be impossible. Funding for new radios, parts to maintain existing radios, and accessories arc
essential and a top priority for our agency.
Total Cost of Radio Equipment-$12,000
Fresno County Sherriff is requesting funding for a jail cellphone mitigation system that is
estimated at a one-time cost of$2,000. The system will allow the Fresno County Jail to detect
illegal cell phone(s) that are brought into the jail facilities to use to further criminal activities. A
significant portion of the supply funding will enable the Fresno County Sheriff-Coroner's Office
to enhance law enforcement programs to upgrade safety equipment and supplies for the EOD
Unit and supplies for the Video Infrastructure Protection Program (VIPP). This funding will
allow the EOD Unit to work in the Homeland Security environment to conduct law enforcement
operations within the United States. None of the funds will be expended for explosives. The
EOD Unit conducts training on a regular basis,which requires the use of a variety of safety
equipment to maintain the required expertise. The Fresno Sheriff-Coroner's Office provides
tactical response assistance to most of the agencies within the county as well as other agencies
outside the county. The upgrading of equipment is an ongoing endeavor needed to insure the safe
and efficient operation of this unit in a manner that provides protection and security to the public.
Total Cost of Jail Cell Phone Mitigation -$2,000
Total Cost of EOD Unit Equipment and Supplies -$10,000
The County of Fresno will utilize funding to augment the Video Infrastructure Protection Program
(VIPP)to purchase cameras, radios, related technical equipment, and installation costs in order to
expand the functional use of the video system for the VIPP Program. The VIPP is a multi-
functional video system that has been developed and installed to provide enhanced law
enforcement video surveillance capabilities for critical infrastructure within Fresno County(dams,
Page 4 of 7
BUDGET NARRATIVE
JAG 22
power facilities, government buildings, major agriculture sites, etc.). VIPP will also serve to
supplement high profile sites needing law enforcement presence, such as high use recreational
areas, designated high crime locations and target specific locations.
Total Cost for Video Infrastructure Protection Program -$24,000
F. Construction —N/A
G. Consultant/Contracts—N/A
H. Other-$19.900
Unfortunately, many of our existing canines are reaching an age of retirement and will need to be
replaced. These funds will allow for the replacement of a police canine and the necessary training
to prepare the dog and handler for patrol operations and training updates. Patrol canines typically
incur costs that are unforeseen and are over existing resources, therefore additional operational
costs, such as veterinary costs, feed and professional services may be needed.
Total Cost of Police Canine(FPD)-$13,000
As per the mandatory carve out identified in the application, we intend to utilize funding for
training purposes associated with NIBRS compliance. In 2017, the Fresno Police Department
entered into a partnership with Axon Enterprises, Inc. to develop a cloud-based Records
Management System (RMS),to replace our antiquated Data 911 technology. Significant progress
has been made to date and we are in the testing phase of the project. The new RMS system went
live for all personnel in September 2019 catapulting our agency into a technology rich RMS
environment that will enable the department to integrate with NIBRS reporting seamlessly,
ensuring our compliance before the 2021 deadline. Though this system is designed to be user
friendly, there will be an element of training that will be needed.
Page 5 of 7
BUDGET NARRATIVE
JAG 22
We intend to use JAG funding to pay our RMS transition team consisting of sworn officers and
sergeants, overtime to provide hands on instruction in the field for NIBRS entry. This team will
schedule training for officers in the field according to their shift, as well as each special unit to
include night detectives, day detectives, Records and Dispatch personnel shifts. Approximately
100 hours of training will be needed.
Total Cost of FPD NIBRS Compliance Training-$6,900
The Fresno County Sheriff's Office is currently working towards NIBRS compliance with the
recent purchase and implementation of a new Computer Aided Dispatch/Records Management
System/Jail Management System. This new system will integrate with NIBRS reporting and start
the certification process through the State of California. To do so, the mandated carve out of 3%
of the County's JAG funding allocation will be utilized for hardware, software, or training costs
necessary for implementation.
Total Cost of FSO NIBRS Compliance -$-0-
Page 6 of 7
BUDGET NARRATIVE
AG-Z0'22
I. Indirect Costs—N/A
Category Budget
A. Personnel N/A
B. Fringe Benefits N/A
C. Travel N/A
D. Equipment $59,930
E. Supplies $245,382
F. Construction N/A
G. Consultants/Contracts N/A
H. Other $19,900
Total Direct Costs $325,212
1. Indirect Costs N/A
TOTAL PROJECT COSTS $325,212
Page 7 of 7
Solicitation
OMB No. 1121-0329
Approval Expires 12/31/2023
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
BJA FY 2022 Edward Byrne Memorial Justice Assistance Grant Program — Local
Solicitation
Assistance Listing Number# 16.738
Grants.gov Opportunity Number: O-BJA-2022-171368
Solicitation Release Date: June 22, 2022 2:00 PM
Grants.gov Deadline: August 03, 2022 8:59 PM
Application JustGrants Deadline: August 08,2022 8:59 PM
Overview
The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA)
seeks applications for funding for the Edward Byrne Memorial Justice Assistance Grant(JAG) Program. This
program furthers the DOJ's mission by assisting local and tribal law criminal justice efforts to prevent or reduce
crime and violence and to improve the administration of the criminal justice system.
This solicitation incorporates the OJP Grant Application Resource Guide by reference. The OJP Grant
Application Resource Guide provides guidance to applicants to prepare and submit applications to OJP for
funding. If this solicitation expressly modifies any provision in the OJP Grant Application Resource
Guide, the applicant is to follow the guidelines in this solicitation as to that provision.
This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating the
"Limitation on Use of Award Funds for Employee Compensation; Waiver" provisions in the"Financial Information"
section of the OJP Grant Application Resource Guide.
Solicitation Categories
Competition ID Category Number of Dollar Amount for Performance Performance
Awards Award Start Date Duration
(Months)
Category 1 -Applicants
C-BJA-2022-00154-PROD with eligible allocation 618 $9,450,338.00 1011121 12:00 24
amounts of less than AM
$25,000
Category 2-Applicants
C-BJA-2022-00155-PROD with eligible allocation 580 $83,437,803.00 10/1/21 12:00 48
amounts of$25,000 or AM
more
Eligible Applicants:
City or township governments, County governments, Native American tribal governments (Federally recognized),
Special district governments, Other
Other
Page 1 of 23
O-BJA-2022-171368
By law, for purposes of the JAG Program, the term "units of local government"includes a town, township,village,
parish, city, county, borough, or other general-purpose political subdivision of a state; or it may be a federally
recognized American Indian tribal government that performs law enforcement functions (as determined by the
Secretary of the Interior). A unit of local government also may be any law enforcement district or judicial
enforcement district established under applicable state law with authority to independently establish a budget and
impose taxes; for example, in Louisiana, a unit of local government means a district attorney or parish sheriff.
The eligible allocations by state for the fiscal year(FY) 2022 JAG Program can be found at:
https://b'a.oip.gov/program/iaq/fy-2022-allocations.
Eligible allocations under JAG are posted annually on the JAG web page. See the allocation determination and
"Units of Local Government" requirements section for more information. Applicants with eligible allocation
amounts of less than $25,000 will apply to Category 1, and applicants with eligible allocation amounts of
$25,000 or more will apply to Category 2.
All recipients and subrecipients(including any for-profit organization)must forgo any profit or management fee.
Contact Information
For technical assistance with submitting the Application for Federal Assistance standard form(SF)-424 and a
Disclosure of Lobbying Activities form (SF-LLL) in Grants.gov, contact the Grants.gov Customer Support Hotline
at 800-518-4726, 606-545-5035, Grants.gov customer support, or support(@grants.gov. The Grants.gov Support
Hotline operates 24 hours a day, 7 days a week,except on federal holidays.
For technical assistance with submitting the full application in DOJ's Justice Grants System (JustGrants),
contact the JustGrants Service Desk at 833-872-5175 or JustGrants.Support(cDusdoi.gov. The JustGrants
Service Desk operates 5 a.m. to 9 p.m. eastern time Monday—Friday and 9 a.m. to 5 p.m. Saturday, Sunday, and
federal holidays.
For assistance with any other requirements of this solicitation, contact the OJP Response Center by telephone at
800-851-3420 or TTY: 301-240-6310(hearing impaired only), or by email at grantsPncirs.gov. The OJP
Response Center hours of operation are 10 a.m. to 6 p.m. eastern time Monday—Friday, and 10 a.m. to 8 p.m. on
the solicitation close date.
Submission Information
Applications will be submitted to DOJ in two steps:
Step 1: The applicant must submit by the Grants.gov deadline the required Application for Federal Assistance
standard form (SF)-424 and a Disclosure of Lobbying Activities (SF-LLL)form when they register in Grants.gov
at https://www,grants.gov/web/grants/register.html. To register in Grants.gov, the applicant will need to ensure
that its System for Award Management(SAM) registration is current.
Step 2: The applicant must then submit the full application, including attachments, in JustGrants at
https://iusticegrants.usdo*.gov/. To be considered timely,the full application must be submitted in JustGrants by
the JustGrants application deadline. OJP encourages applicants to review the"How to Apply"section in the OJP
Grant Application Resource Guide and the JustGrants website for more information, resources, and training.
Page 2 of 23
O-BJA-2022-171368
Contents
Contact Information 2
Program Description 5
Overview 5
Specific Information 5
Goals, Objectives, Deliverables, and Timeline 13
Evidence-Based Programs or Practices 13
Information Regarding Potential Evaluation of Programs and Activities 13
Federal Award Information 13
General Guidance for Federal Award 13
Types of Awards 14
Financial Management and System of Internal Controls 14
Budget Information 14
Cost Sharing or Matching Requirement 15
Pre-agreement Costs (also known as Pre-award Costs) 15
Limitation on Use of Award Funds for Employee Compensation:Waiver 15
Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs 15
Costs Associated with Language Assistance (if applicable) 15
Eligibility Information 15
Application and Submission Information 15
Information to Complete the Application for Federal Assistance (SF-424) 15
Standard Applicant Information (JustGrants 424 and General Agency Information) 16
Proposal Narrative 16
Budget and Associated Documentation 17
Budget Worksheet and Budget Narrative (attachment) 17
Indirect Cost Rate Agreement(if applicable) 17
Financial Management Questionnaire (including applicant disclosure of high-risk status) 17
Disclosure of Process Related to Executive Compensation 17
Additional Application Components 17
Research and Evaluation Independence and Integrity Statement 17
Certifications and Assurances by the Chief Executive of the Applicant Government 18
Disclosures and Assurances 18
Disclosure of Lobbying Activities 18
DOJ Certified Standard Assurances 18
Applicant Disclosure of Duplication in Cost Items 18
DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility
Matters; and Drug-Free Workplace Requirements 18
Applicant Disclosure and Justification—DOJ High Risk Grantees(if applicable) 18
How to Apply 18
Submission Dates and Time 19
Application Review Information 19
Review Process 19
Federal Award Administration Information 20
Federal Award Notices 20
Administrative, National Policy, and Other Legal Requirements 20
20
20
Information Technology(IT)Security Clauses 20
Page 3 of 23
O-BJA-2022-171368
General Information about Post-Federal Award Reporting Requirements 20
Federal Awarding Agency Contact(s) 21
Other Information 21
Freedom of Information and Privacy Act(5 U.S.C. 552 and 5 U.S.C. 552a) 21
Provide Feedback to OJP 21
Application Checklist 21
Page 4 of 23
O-BJA-2022-171368
Program Description
Overview
OJP is committed to advancing work that promotes civil rights and racial equity, increases access to justice,
supports crime victims and individuals impacted by the justice system, strengthens community safety and
protects the public from crime and evolving threats, and builds trust between law enforcement and the
community.
The Edward Byrne Memorial Justice Assistance Grant(JAG) Program is the primary provider of federal criminal
justice funding to states and units of local government. BJA will award JAG Program funds to eligible units of
local government as described in this FY 2022 JAG Program Local Solicitation.
For more information on the JAG Program, please refer to the JAG Fact Sheet and/or JAG Frequently Asked
Questions(FAQs).
Statutory Authority: The JAG Program is authorized by Title I of Pub. L. No. 90-351 (generally codified at 34
U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C.
530C(a).
Specific Information
Statutory Formula
JAG awards are based on a statutory formula that is fully described within the JAG Technical Report. Once each
fiscal year's overall JAG Program funding level is determined, BJA works with the Bureau of Justice Statistics to
begin a four-step grant award calculation process,which, in general, consists of:
1. Computing an initial JAG allocation for each state, based on its share of violent crime and population
(weighted equally).
2. Reviewing the initial JAG allocation amount to determine if the state allocation is less than the minimum
award amount defined in the JAG legislation (0.25 percent of the total). If this is the case, the state is
funded at the minimum level, and the funds required for this are deducted from the overall pool of JAG
funds. Each of the remaining states receives the minimum award plus an additional amount based on its
share of violent crime and population.
3. Dividing each state's final award amount(except for the territories and the District of Columbia) between the
state and its units of local governments at rates of 60 and 40 percent, respectively.
4. Determining units of local government award allocations, which are based on their proportion of the state's
3-year violent crime average. If the"eligible award amount"for a particular unit of local government,as
determined on this basis, is $10,000 or more, then the unit of local government is eligible to apply directly to
OJP (under the JAG Local Solicitation)for a JAG award. If the"eligible award amount"for a particular unit
of local government, as determined on this basis, is less than $10,000, however, the funds are not made
available for a direct award to that particular unit of local government, but instead are added to the amount
that is awarded to the state
Allocation Determination and Units of Local Government Requirements Regarding Use of JAG Funds
Eligible allocations under JAG are posted annually on the JAG web pace.
According to the JAG Program statute, a"disparity" may exist between the funding eligibility of a county and its
associated municipalities. See 34 U.S.C. § 10156(d)(4). Units of local government identified by BJA as disparate
must select a fiscal agent that will submit a joint application for the allocation to include all disparate
municipalities. A memorandum of understanding (MOU)that identifies which jurisdiction will serve as the
applicant or fiscal agent for joint funds must be completed and signed by the authorized representative for each
participating jurisdiction. Once an award is made, the fiscal agent will be responsible for distributing award funds
to the other jurisdictions in the disparate group through subawards that include all appropriate award conditions.
To verify eligibility on the JAG web page, an applicant should click on its respective state and note the following
regarding the state's allocation table:
Page 5 of 23
O-BJA-2022-171368
1. Disparate units of local government are listed in shaded groups, in alphabetic order by county. Units of local
government identified as disparate must select one unit of local government to submit an application on
behalf of the disparate group,
2. Counties that have an asterisk(*) under the "Direct Allocation"column did not submit the level of violent
crime data to qualify for a direct award from BJA but are in the disparate grouping indicated by the shaded
area.The JAG legislation requires these counties to remain a partner with the local jurisdictions receiving
funds and must be a signatory on the required MOU.
3. Direct allocations are listed alphabetically below the shaded disparate groupings.
Please note that disparate jurisdictions do not need to abide by the listed individual allocations,which
are provided for information only.Jurisdictions in a funding disparity are responsible for determining
individual amounts within the Eligible Joint Allocation and documenting individual allocations in the
MOu.
Statutory Program Areas
In general, JAG funds awarded to a unit of local government under the FY 2022 program may be used to hire
additional personnel and/or purchase equipment, supplies, contractual support, training, technical assistance,
and information systems for criminal justice, including for any one or more of the following program areas:
• Law enforcement programs
• Prosecution and court programs
• Prevention and education programs
• Corrections and community corrections programs
• Drug treatment and enforcement programs
• Planning, evaluation, and technology improvement programs
• Crime victim and witness programs(other than compensation)
• Mental health programs and related law enforcement and corrections programs, including behavioral
programs and crisis intervention teams
Note that the statute defines"criminal justice"as "activities pertaining to crime prevention, control, or reduction, or
the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime
or to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction, and related
agencies (including but not limited to prosecutorial and defender services,juvenile delinquency agencies,and
pretrial service or release agencies), activities of corrections, probation, or parole authorities and related agencies
assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the
prevention, control, or reduction of narcotic addiction and juvenile delinquency."
BJA Areas of Emphasis
BJA recognizes that many state and local criminal justice systems currently face challenging fiscal environments
and an important, cost-effective way to relieve those pressures is to share or leverage resources through
cooperation among federal, state, and local law enforcement. Key areas of priority for BJA include: Combatting
Hate Crime, Promoting Public Trust between Communities and Criminal Justice Agencies, Reducing Violent
Crime, Community Violence Intervention (CVI),Addressing COVID-19 Criminal Justice Challenges and
Sustaining Innovations, and Crime Analysis and Investigation. BJA encourages each recipient of FY 2022 JAG
funds to join federal law enforcement agencies in addressing these challenges. Additional details on the BJA
areas of emphasis can be found below:
Combatting Hate Crime: Hate crimes (sometimes called bias-motivated crimes)are criminal offenses
motivated by some form of bias toward victims on the basis of their perceived or actual race, color,religion,
national origin, sexual orientation, gender, gender identity, or disability.As noted in the June 21, 2021, BJA
Acting Director Mahoney Letter to JAG State Administering Agency(SAA) Directors and the January 26,
2022, DOJ Associate Attorney General Gupta Letter to SAA Directors, JAG funds may be used to prevent
and respond to hate crimes and bias-motivated attacks. BJA encourages JAG recipients to utilize funding to
prioritize efforts to identify, investigate, report, and prevent hate crimes and hate incidents; increase public
awareness and expand/enhance the reporting of hate crimes; enhance the capacity of law enforcement and
prosecutors to prevent and address hate crimes through education, training, and tools to investigate and
prosecute hate crime cases; increase collaboration between federal, state, local, tribal, and territorial
Page 6 of 23
O-BJA-2022-171368
(SLTT)law enforcement and prosecution agencies in their investigation and prosecution of hate crimes;
assist SLTT law enforcement with training in identifying and classifying hate crimes and update these
crimes in their entries in the National Incident-Based Reporting System (NIBRS); create state-run hate
crime reporting hotlines that direct individuals to law enforcement, if appropriate; and fund victim support
services. More information on BJA's hate crimes portfolio, including the Emmett Till Cold Case
Investigations and Matthew Shepard and James Byrd Jr. Hate Crimes programs, can be found at Hate
Crime I Bureau of Justice Assistance (oip.gov).
Promoting Public Trust between Communities and Criminal Justice Agencies: For many communities,
recent high profile incidences of excessive uses of force have contributed to strained relationships and a
lack of confidence in law enforcement, courts, and prosecutors. Justice system practitioners' ability to
address crime and collaborate with the public depends on having trust and legitimacy with the communities
they serve. Criminal justice agencies must work together to renew and strengthen relationships with
community members and leaders in order to elevate public confidence and trust in law enforcement,the
courts, prosecutors, defense counsel, and corrections; reduce crime; and ensure that the rights of all are
protected. In his January 21, 2022, remarks to the U.S. Conference of Mayors, Attorney General Garland
stated, "...promoting public trust between communities and law enforcement is essential to making both
communities and policing safer. The department will continue to fulfill its duty to ensure the constitutional
policing practices that promote the accountability necessary to build that public trust."As such, BJA
encourages SLTT jurisdictions to utilize JAG funding in support of projects that aim to partner police and
community organizations and advance constitutional policing practices that create the transparency and
accountability necessary to build public trust. The practices include, but are not limited to: eliminating racial
profiling and implicit bias, eliminating excessive force and chokeholds, eliminating "no-knock"warrants in
drug cases, eliminating contractual arrangements that prevent investigations of law enforcement
misconduct, and prohibiting sexual contact between police and persons in their custody. BJA also
encourages SLTT jurisdictions to utilize JAG funding in support of projects that aim to increase trust and
confidence in prosecutorial, defense, and court practices such as neighborhood-focused community courts
programs and building capacity and tools to protect constitutional rights under the Sixth Amendment.
Reducing Violent Crime: Although the Federal Bureau of Investigation (FBI)Uniform Crime Report(UCR)
Crime in the United States publications for 2020 and 2021 are not yet available, there are other indicators to
suggest that certain types of violent crime increased in many areas.According to an analysis of 27 cities
conducted by the Council on Criminal Justice, incidents of homicide increased 5 percent over 2020, which
had already seen a 44 percent increase in homicides over 2019.Also, preliminary data compiled by the
National Law Enforcement Officers Memorial Fund (NLEOMF) indicates that as of December 31, 2021, 458
federal, state, tribal, and local law enforcement officers died in the line of duty in 2021. This is an increase
of 55 percent from the 295 officers killed during the same period in 2020 and is the highest total line-of-duty
officer deaths since 1930 when there were 312 fatalities. In addition, the past year has seen an
unprecedented increase in threats of violence against Americans who administer the election process in our
country.
In June of 2021, the Biden-Harris Administration announced a Comprehensive Strategy to Prevent and
Respond to Gun Crime and Ensure Public Safety to stem the flow of firearms used to commit violence
including by holding rogue firearms dealers accountable for violating federal laws; supporting local law
enforcement with federal tools and resources to help address summer violent crime; investing in evidence-
based community violence interventions; expanding summer programming, employment opportunities,and
other services and supports for teenagers and young adults; and helping formerly incarcerated individuals
successfully reenter their communities.
Recognizing that violent crime and the drivers of that crime vary from community to community, BJA
encourages JAG grantees to invest funds to tailor programs and responses to state and local crime issues
through the use of data and analytics; coordinate with United States Attorneys and Project Safe
Neighborhoods grantees in order to leverage funding for violence reduction projects, and coordinate their
law enforcement activities with those of federal law enforcement agencies such as the FBI, the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the United States
Marshals Service, and the Department of Homeland Security(DHS); and form partnerships with federal,
state, and local law enforcement and prosecutors to identify persons who use guns in the commission of a
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crime and who purchase or sell guns illegally. This includes ensuring that persons prohibited from
purchasing firearms (see e.g.,18 U.S.C. §922(g))are deterred from doing so by enhancing complete,
accurate, and timely access to the FBI's National Instant Criminal Background Check System (NICS)and
the submission of all necessary records to the FBI databases in a timely fashion, thereby helping to prevent
illegal transfers of firearms to those who are prohibited from owning firearms under current law.
In addition, in June 2021, DOJ issued guidance regarding threats against election workers and a task force
to address the rise in such threats. BJA also sent a letter to SAA Directors to address the rise in such
threats. BJA also sent a letter to SAA Directors clarifying that JAG funds can be used to deter,detect, and
protect against threats of violence against election workers, administrators, officials, and others associated
with the electoral process. BJA encourages JAG recipients to utilize funds to prevent and respond to violent
threats of this kind.
Community Violence Interventions: In April 2021, the Biden-Harris Administration announced historic
investments in community violence intervention (CVI) efforts to combat the gun violence epidemic. CVI is
an approach that uses evidence-informed strategies to reduce violence through tailored,community-
centered initiatives. These multidisciplinary strategies engage individuals and groups to prevent and disrupt
cycles of violence and retaliation and establish relationships between individuals and community assets to
deliver services that save lives, address trauma, provide opportunity, and improve the physical, social,and
economic conditions that drive violence. CVI strategies typically focus on high risk individuals and gang and
gun violence, as well as the historical and structural challenges that often contribute to community violence.
CVI strategies should involve holistic, coordinated interventions attending to the multiple needs of
individuals at high risk of gang and gun violence. For example, hospital-based violence intervention
programs use credible messengers to connect with victims of gun violence while they are still in the
hospital, and then wraparound services are typically deployed such as behavioral health supports,
employment access, housing advocacy, and family supports. visit https:Hb'a.o'p.gov/program/community-
violence-intervention/overview. BJA encourages JAG recipients to invest JAG funds to tailor programs and
responses to CVI in an effort to build strong, sustained partnerships with community residents and
organizations to support CVI work in communities most impacted by violent crime. CVI strategies will be
highlighted on BJA's National Training and Technical Assistance Center(NTTAC)website, and jurisdictions
looking to implement those strategies can request training and technical assistance (TTA)on the NTTAC
website.
Addressing COVID-19 Criminal Justice Challenges and Sustaining Innovations: As a result of the
COVID-19 pandemic, SLTT criminal justice agencies implemented various community mitigation policies to
prevent and reduce the spread of COVID-19. Courts at every level were forced to cancel or significantly
scale back proceedings, which commonly included suspending in-person hearings,granting extensions of
court deadlines and waivers of speedy trials, restricting access to court buildings, and postponing jury trials.
This created a backlog of cases,which impacted criminal court operations and court staff, victims, and
witnesses, as well as defendants. To address backlogs and other consequences of the necessary
mitigation policies, SLTT agencies created innovative ways to administer justice. While many of these
innovations had an up-front cost, they hold significant potential to be cost saving and efficient over time. For
example, correctional facilities have enabled virtual programming, education, medical appointments,and
family visits, as well as efforts to reduce incarcerated populations. Police departments have hosted virtual
community engagement events and opportunities, and courts and community corrections have increased
the use of virtual staffing, status hearings, client visits, and access to treatment and support services. In
addition, resources have supported the purchase of technology like headsets and Wi-Fi hotspots to ensure
confidentiality of defense counsel with clients, as well as partnerships with community partners to host
outdoor events like drug court graduations. It is important for SLTT agencies to sustain innovations that
improved both the efficiency and effectiveness of justice system operations, and BJA encourages JAG
recipients to utilize funds for continued innovation sustainment activities and to continue to address the
backlog of cases.This could include the purchase of technology to enhance the use of virtual tools to
conduct outreach to witnesses and defendants, as well as for hearings and status conferences, staffing,
and enhancing access to services; resources to assist the jurisdiction to develop or enhance its case
management system to assess and work to eliminate the backlog of cases; building tools to support
diversion and alternatives to incarceration as part of the review of backlogged cases; and technology and
equipment to retrofit court houses and staff to mitigate risks to staff and those coming to court. In addition to
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or in conjunction with support for technology, BJA encourages SLTT agencies to address backlogs by
instituting triage and other case-processing improvements, including diversion practices, by prosecutors
and courts pretrial, as well as the implementation of legal and nonlegal navigators to guide and support
defendants through the legal process.
Crime Analysis and Investigation:With the recent increases in violent crime, crime analysis and
investigations have become increasingly vital. Law enforcement agencies that have robust analysis
capabilities are better able to focus their limited resources in ways that directly improve public safety while
protecting the rights of civilians. According to the International Association of Crime Analysts (IACA), "Crime
analysis is both a profession and a set of techniques."The professionals who perform crime analysis,and
the techniques they use, are dedicated to helping law enforcement agencies become more effective
through the use of relevant metrics, information, and analytical practices.
This past year, ransomware has emerged as an international challenge affecting public sectors, private
sectors, and even individuals.According to Cybersecurity and Infrastructure Security Agency(CISA)Alert
(AA22-040A), "ransomware tactics and techniques continued to evolve in 2021, which demonstrates
ransomware threat actors' growing technological sophistication and an increased ransomware threat to
organizations globally."To combat this growing threat, DOJ, DHS, and other federal partners have
launched a centralized repository of resources for organizations and individuals at StopRansomware.g_ov.
This is a collaborative effort across the federal government and is the first joint website created to help
private and public organizations mitigate their ransomware risk.
BJA encourages JAG recipients to utilize funds to support crime analysis efforts, including the hiring of
cybercrime analysts and investigators, as well as cybercrime training for state or local law enforcement and
emergency dispatch personnel. Recipients utilizing grant funds to support technological devices, artificial
intelligence, predictive analytics, and other data-driven solutions("Technological enhancements")directly
should ensure those projects address the tenants of digital trust to include: how the technology will be
carefully implemented through training of personnel and the setting and enforcement of policies governing
its use to ensure that it contributes to positive outcomes for public safety, the community and/or the criminal
justice system; and how the recipient will safeguard privacy, civil rights, and civil liberties throughout the
duration of the project period.
Additional Uses of JAG Funds
JAG funds awarded under this FY 2022 solicitation may be used to:
• Enforce state and local laws that establish offenses similar to offenses established in 21 U.S.C. § 801 et
seq. and/or improve the functioning of the criminal justice system, with emphasis on violent crime and
serious offenses, by providing additional personnel, equipment, training, technical assistance, and
information systems for the more widespread apprehension, prosecution, adjudication, detention, and
rehabilitation of persons who violate these laws and assist the victims of such crimes (other than
compensation).
• Support projects related to preventing, detecting, seizing, and/or stopping the presence and use of
contraband cellphones within correctional facilities. This includes the purchasing of managed access
systems and other mitigation technologies (as permitted by applicable law).
• Purchase fentanyl and methamphetamine detection equipment, including handheld instruments and training
for law enforcement safety, as well as opioid reversal agents.
• Purchase drug-detection canines to combat the rise in drug trafficking, including that of methamphetamines.
• Support efforts to seal and expunge criminal history information in accordance with state laws and policies.
• Support efforts to attract and retain an all-inclusive, diverse, expert,and accountable law enforcement
workforce.
• Support virtual reality de-escalation training.
• Purchase humane remote restraint devices that enable law enforcement to restrain an uncooperative
subject without requiring the infliction of pain.
• Purchase gunfire detection technology.
• Additionally, JAG funds awarded under this FY 2022 solicitation may be used for any purpose indicated
here: Purposes for Which Funds Awarded under the Edward Byrne Memorial Justice Assistance Grants
(JAG)Program May Be Used (olp.gov).
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Limitations on the Use of JAG Funds
Administrative Costs
Up to 10 percent of a JAG award, including up to 10 percent of any earned interest, may be used for costs
associated with administering the award,which can include indirect costs.
Supplanting
JAG funds may not be used to supplant state or local funds, but must be used to increase the amounts of such
funds that would, in the absence of federal funds, be made available. See the JAG FAQs for examples of
supplanting. Although supplanting is prohibited, the leveraging of federal funding is encouraged.
Matching Funds
Absent specific federal statutory authority to do so, JAG award funds may not be used as a match for other
federal awards.
Prohibited Expenditures and Associated Procedures under JAG
The JAG statute, at 34 U.S.C. $ 10152(d),specifically identifies a list of prohibited items. JAG funds provided
under this part may NOT be used, directly or indirectly, to provide any of the following: (1)Any security
enhancements or any equipment to any nongovernmental entity that is not engaged in criminal justice or public
safety. (2) Unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the
use of such funds to provide such matters essential to the maintenance of public safety and good order:
• Vehicles,vessels, or aircraft"
• Luxury items
• Real estate
• Construction projects (other than penal or correctional institutions)
• Any similar matters
"Police cruisers, police boats, and police helicopters are allowable vehicles under JAG and do not require BJA
certification. For purposes of JAG, a vehicle is considered a "police cruiser"only if it is used in the ordinary course
for routine police patrol within the United States.Vehicles(including motorcycles, SUVs, and ATVs) used as
"police cruisers"are not prohibited under JAG, and therefore may be acquired with JAG funds in the ordinary
course, to the extent otherwise allowable under the award. For more information, please see the "prohibited
expenditure list"at: JAG Prohibited and Controlled Expenditures Guidance.
Please refer to the JAG FAQs for details on how to request prior approval (a waiver)from BJA to utilize
JAG funds for prohibited item(s).
Note: The use of BJA grant funds for unmanned aircraft systems (UAS), including unmanned aircraft vehicles
(UAV), and/or any accompanying accessories to support UAS or UAV devices/systems, is unallowable.
Other Program Requirements
A unit of local government that applies for and receives an FY 2022 JAG award must note the following:
Trust Fund —Units of local government may draw down JAG funds either in advance or on a reimbursement
basis. To draw down in advance, a trust fund must be established in which to deposit the funds. The trust fund
must be in an interest-bearing account, unless one of the exceptions in 2 C.F.R. §200.305(b)(8)apply. If
subrecipients draw down JAG funds in advance, they also must establish a trust fund in which to deposit the
funds. For additional information, see 2 C.F.R. §200.305.
Certifications and Assurances by the Chief Executive of the Applicant Government(which incorporates the 30-
day governing body review requirement)—A JAG application is not complete, and a unit of local government
may not access award funds, unless the chief executive of the applicant unit of local government(e.g., the
mayor)properly executes, and the unit of local government submits, the"Certifications and Assurances by the
Chief Executive of the Applicant Government."The most up-to-date version of this certification can be found at:
FY 2022 Byrne JAG—Certifications and Assurances by the Chief Executive of the Applicant Government
o' ov . Please note that this certification takes the place of the review narrative attachment and contains
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assurances that the governing body notification and public comment requirements,which are required under the
JAG statute(at 34 U.S.C. § 10153(a)(2)), have been satisfied.
OJP will not deny an application for an FY 2022 award for failure to submit these"Certifications and Assurances
by the Chief Executive of the Applicant Government"by the application deadline, but a unit of local government
will not be able to access award funds (and its award will include a condition that withholds funds) until it submits
these certifications and assurances, properly executed by its respective chief executive (e.g., the mayor).
Body-worn Cameras(BWCs) —A JAG award recipient that proposes to use FY 2022 funds to purchase BWC
equipment or implement or enhance BWC programs must provide to OJP a certification(s)that each direct
recipient receiving the equipment or implementing the program has policies and procedures in place related to
BWC equipment usage, data storage and access, privacy considerations, and training. The certification form
related to BWC policies and procedures can be found at: _Edward Byrne Memorial Justice Assistance Grant
(JAG) Program—Body-worn Camera (BWC) Policy Certification (ojp.gov).
A JAG award recipient that proposes to use funds for BWC-related expenses will have funds withheld until the
required certification is submitted and approved by OJP. If the JAG award recipient proposes to change project
activities to utilize JAG funds for BWC-related expenses after the award is accepted, the JAG award recipient
must submit the signed certification to OJP at that time.
Further, before making any subaward for BWC-related expenses, the JAG award recipient must collect a
completed BWC certification from the proposed subrecipient. Any such certifications must be maintained by the
JAG award recipient and made available to OJP upon request.The BJA BWC Toolkit provides model BWC
policies and best practices to assist criminal justice departments in implementing BWC programs.
Apart from the JAG Program, BJA provides funds under the Body-worn Camera Policy and Implementation
Program (BWCPIP). BWCPIP allows jurisdictions to develop and implement policies and practices required for
effective program adoption; and to address program factors including the purchase, deployment, and
maintenance of camera systems and equipment; data storage and access; and privacy considerations. Interested
JAG award recipients may wish to refer to the BWC Program web page for more information. JAG award
recipients that are also BWC award recipients may not use JAG funds for any part of the 50 percent match
required by the BWC Program.
Body Armor—Body armor purchased with JAG funds may be purchased at any threat level, make, or model
from any distributor or manufacturer, as long as the following requirements are met: The body armor must have
been tested and found to comply with the latest applicable National Institute of Justice ballistic or stab standards
https://citec.org/compliance-testing-program/compliant-product-lists/). In addition, body armor purchased must be
made in the United States.
Finally, body armor purchased with JAG funds must be"uniquely fitted vests,"which means protective (ballistic or
stab-resistant)armor vests that conform to the individual wearer to provide the best possible fit and coverage
through a combination of: (1)correctly sized panels and carrier determined through appropriate measurement,
and (2)properly adjusted straps, harnesses,fasteners, flaps, or other adjustable features. Note that the
requirement that body armor be"uniquely fitted"does not necessarily require body armor that is individually
manufactured based on the measurements of an individual wearer. In support of OJP's efforts to improve officer
safety, the American Society for Testing and Materials (ASTM)International has made available the Standard
Practice for Body Armor Wearer Measurement and Fitting of Armor (Active Standard ASTM E3003)at no cost.
The Personal Armor Fit Assessment Checklist is excerpted from ASTM E3003.
A JAG award recipient that proposes to use FY 2022 award funds to purchase body armor must provide OJP
with a certifications)that each law enforcement agency receiving body armor has a written "mandatory wear"
policy in effect" (see 34 U.S.C. S 10202(c)). The certification form related to mandatory wear can be found at:
Justice Assistance Grant(JAG)Program—Body Armor Mandatory Wear Policy Certification (ojp.gov).Note:A
JAG award recipient that proposes to use funds for the purchase of body armor will have funds withheld until the
required certification is submitted and approved by OJP. If the JAG award recipient proposes to change project
activities to utilize funds for the purchase body armor after the award is accepted, the award recipient must
submit the signed certification to OJP at that time.
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Further, before making any subaward for the purchase of body armor, the JAG award recipient must collect a
completed mandatory wear certification from the proposed subrecipient. Any such certifications must be
maintained by the JAG award recipient and made available to OJP upon request.
Apart from the JAG Program, BJA provides funds under the Patrick Leahy Bulletproof Vest Partnership(BVP)
Program. The BVP Program provides funding to state and local law enforcement agencies for the purchase of
ballistic-resistant and stab-resistant body armor. For more information on the BVP Program, including eligibility
and an application, refer to the BVP web page. JAG award recipients should note, however, that funds may not
be used as any part of the 50 percent match required by the BVP Program.
"A mandatory wear concept and issues paper and a model policy are available from the BVP Customer Support
Center, which can be contacted at vests(@usdoi.gov or toll free at 1-877-758-3787. Additional information and
FAQs related to the mandatory wear policy and certifications can be found in the JAG FAQs.
Interoperable Communications—Units of local government(including any subrecipients)that are using FY 2022
JAG funds for emergency communications activities should comply with the SAFECOM Guidance for Emergency
Communication Grants (SAFECOM Guidance), including provisions on technical standards that ensure and
enhance interoperable communications. The SAFECOM Guidance is an essential resource for entities applying
for federal financial assistance for emergency communications projects. It provides general information on eligible
activities,technical standards, and other terms and conditions that are common to most federal emergency
communications programs. Specifically, the SAFECOM Guidance provides guidance to applicants on:
• Recommendations for planning, coordinating, and implementing projects.
• Emergency communications activities that can be funded through federal grants.
• Best practices, policies, and technical standards that help to improve interoperability.
• Resources to help grant recipients comply with technical standards and grant requirement
SAFECOM Guidance is recognized as the primary guidance on emergency communications grants by the
Administration, Office of Management and Budget, and federal grant program offices. CISA updates the
document every year in close coordination with federal, state, local, tribal, and territorial stakeholders and
partners. SAFECOM Guidance is applicable to all federal grants funding emergency communications. The most
recent version of the SAFECOM Guidance is available at https://www.cisa.gov/safecom/funding.
Additionally, emergency communications projects funded with FY 2022 JAG funds should support the Statewide
Communication Interoperability Plan (SCIP)and be coordinated with the full-time statewide interoperability
coordinator(SWIC) in the state of the project. As the central coordination point for a state's interoperability effort,
the SWIC plays a critical role and can serve as a valuable resource. SWICs are responsible for the
implementation of SCIP through coordination and collaboration with the emergency response community. CISA
maintains a list of SWICs for each state and territory. Contact ecdpcisa.dhs.gov for more information. All
communications equipment purchased with FY 2022 JAG Program funding should be identified during the
quarterly performance measurement reporting.
DNA Testing of Evidentiary Materials and Uploading DNA Profiles to a Database —If JAG Program funds are to
be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the
Combined DNA Index System (CODIS), the national DNA database operated by the FBI, by a government DNA
lab with access to CODIS. No profiles generated with JAG funding may be entered into any other
nongovernmental DNA database without prior written approval from BJA(exceptions include forensic genealogy).
Additionally, award recipients utilizing JAG funds for forensic genealogy testing must adhere to the DOJ Interim
Policy Forensic Genealogical DNA Analysis and Searching available at
https://www.oustice.gov/olp/page/file/1204386/download. For more information about DNA testing as it pertains to
JAG, please refer to the JAG FAQs.
Entry of Records into State Repositories —As appropriate and to the extent consistent with law, a special
condition will be imposed that would require the following: Any program or activity that receives federal financial
assistance under JAG that is likely to generate court dispositions or other records relevant to NICS
determinations, including any dispositions or records that involve any noncitizen or migrant who is undocumented
in the United States (18 U.S.C. §922(g)(5)(A), must have a system in place to ensure that all such NICS-relevant
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dispositions or records are made available in a timely fashion.
National Incident-based Reporting System (NIBRS)— In FY 2016, the FBI formally announced its intention to
sunset the UCR program's traditional Summary Reporting System(SRS)and replace it with NIBRS by January 1,
2021. By statute, BJA JAG awards are calculated using summary part 1 violent crime data from the FBI's UCR
program. Specifically, the formula allocations for JAG rely heavily on the ratio of"the average number of part 1
violent crimes of the UCR of the FBI reported by such state for the three most recent years reported by such
state to the average annual number of such crimes reported by all states for such years"(34 U.S.C. 10156(a)(1)
(B)). Further,the local allocations rely on the"average annual number of part 1 violent crimes reported by such
unit to the Federal Bureau of Investigation for the 3 most recent calendar years for which such data is available
bears to the number of part 1 violent crimes reported by all units of local government in the State in which the unit
is located to the Federal Bureau of Investigation for such years" (34 U.S.C. 10156(d)(2)(A). In preparation for the
FBI's 2021 NIBRS compliance deadline, BJA imposed an administrative requirement for JAG award recipients
that are not NIBRS compliant to dedicate 3 percent of their JAG award toward coming into full compliance with
the FBI's NIBRS data submission requirement to both encourage and assist jurisdictions in working toward
compliance and ensure they continued to have critical criminal justice funding available through JAG when SRS
transitioned to NIBRS. A NIBRS set-aside is NOT required for FY 2022 awards; however, JAG recipients are
encouraged to continue working toward and/or maintaining NIBRS compliance to ensure that JAG eligibility is not
affected in future fiscal years. More information about NIBRS, including toolkits and updates from the FBI
Criminal Justice Information Services team, can be found at NIBRS—FBI.
Goals,Objectives,Deliverables,and Timeline
Goals
In general, the FY 2022 JAG Program is designed to provide units of local government with additional personnel,
equipment, supplies, contractual support, training, technical assistance, and information systems for criminal
justice.
Objectives
The objectives are directly related to the JAG Program accountability measures described at
https:Hbia.onp.gov/sites/g/files/xyckuh 186/files/media/document/wag-pmt-accountability-measures.pdf.
Deliverables
A unit of local government that receives an FY 2022 JAG award will be required to produce various types of
reports including quarterly financial reports, quarterly performance reports, and semi-annual progress reports in
JustGrants.
The Goals, Objectives, and Deliverables are directly related to the performance measures that show the
completed work's results, as discussed in the"Application and Submission Information" section.
Evidence-Based Programs or Practices
OJP strongly encourages the use of data and evidence in policymaking and program development for criminal
justice,juvenile justice, and crime victim services. For additional information and resources on evidence-based
programs or practices, see the OJP Grant Application Resource Guide.
Information Regarding Potential Evaluation of Programs and Activities
OJP may conduct or support an evaluation of the programs and activities funded under this solicitation. For
additional information, see the OJP Grant Application Resource Guide section entitled "Information Regarding
Potential Evaluation of Programs and Activities."
Federal Award Information
General Guidance for Federal Award
Total number of awards BJA expects to make:1198
Maximum dollar amount for each award: $4,283,151
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Total amount to be awarded under solicitation: $92,888,141
Period of performance start date: October 1, 2021
Period of performance duration:24-48 months
Category 1 —Eligible Allocation Amounts of Less than$25,000: Units of local government that are listed on the
JAG web page as eligible for an allocation amount of less than $25,000 should apply under Category 1. This
includes direct and joint(disparate)allocations. Category 1 awards of less than $25,000 are 2 years in length.
Extensions of up to 2 years can be requested for these awards via JustGrants no fewer than 30 days prior to the
project period end date and will be automatically granted upon request.
Category 2—Eligible Allocation Amounts of$25,000 or More: Units of local government that are listed on the
JAG web page as eligible for an allocation amount of$25,000 or more should apply under Category 2. This
includes direct and joint (disparate)allocations. Category 2 awards of at least$25,000 are 4 years in length.
Extensions beyond this period may be made on a case-by-case basis at the discretion of BJA and must be
requested via JustGrants no fewer than 30 days prior to the project period end date
Availability of Funds
This solicitation and awards (if any are made)under this solicitation are subject to the availability of appropriated
funds and to any modifications or additional requirements that may be imposed by the agency or by law. In
addition, nothing in this solicitation is intended to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any party against the United States; its departments, agencies, or
entities; its officers, employees, or agents; or any other person.
The allocations for the FY 2022 JAG Program can be found at: Fiscal Year(FY)2022 Local Edward Byrne
Memorial Justice Assistance Grant(JAG)Allocations (oip.4ov).
Solicitation Categories
Competition ID Category Number of Dollar Amount for Performance performance
Awards Award Start Date Duration
(Months)
Category 1 -Applicants
C-BJA-2022-00154-PROD with eligible allocation 618 $9,450,338.00 10/1/21 12:00 24
amounts of less than AM
$25.000
Category 2-Applicants
C-BJA-2022-00155-PROD with eligible allocation 580 $83,437,803.00 1011/21 12:00 48
amounts of$25,000 or AM
more
Types of Awards
BJA expects to make awards under this solicitation as grants. See the"Administrative, National Policy, and Other
Legal Requirements" section of the OJP Grant Application Resource Guide for a brief discussion of important
statutes, regulations, and award conditions that apply to many(or in some cases, all)OJP grants.
Financial Management and System of Internal Controls
Award recipients and subrecipients(including recipients or subrecipients that are pass-through entities) must, as
described in the Part 200 Uniform Requirements as set out at 2 C.F.R. 200.303, comply with standards for
financial and program management. See the OJP Grant Application Resource Guide for additional information.
Budget Information
This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating the
"Limitation on Use of Award Funds for Employee Compensation;Waiver"provision in the"Financial Information"
section of the OJP Grant Application Resource Guide.
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General requirement for federal authorization of any subaward; statutory authorization of subawards under the
JAG Program statute. Generally, a recipient of an OJP award may not make subawards ("subgrants")unless the
recipient has specific federal authorization to do so. Unless an applicable statute or DOJ regulation specifically
authorizes (or requires) particular subawards, a recipient must have authorization from OJP before it may make a
subaward. However, JAG subawards that are required or specifically authorized by statute(see 34 U.S.C. §
10152(a)and 34 U.S.C. § 10156)do not require prior approval. For additional information regarding subawards
and authorizations, please refer to the subaward section in the OJP Grant Application Resource Guide.
Unmanned Aircraft Systems
The use of BJA grant funds for unmanned aircraft systems (UAS), including unmanned aircraft vehicles(UAV),
and/or any accompanying accessories to support UAS or UAV devices/systems, is unallowable.
Cost Sharing or Matching Requirement
This solicitation does not require a match.
Pre-agreement Costs(also known as Pre-award Costs)
See the OJP Grant Application Resource Guide for information on Pre-agreement Costs (also known as Pre-
award Costs).
Limitation on Use of Award Funds for Employee Compensation:Waiver
This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating the
"Limitation on Use of Award Funds for Employee Compensation; Waiver" provisions in the"Financial Information"
section of the OJP Grant Application Resource Guide.
Prior Approval,Planning,and Reporting of ConferencelMeetinglTraining Costs
See the OJP Grant Application Resource Guide for information on Prior Approval, Planning, and Reporting of
Conference/Meeting/Training Costs.
Costs Associated with Language Assistance(if applicable)
See the OJP Grant Application Resource Guide for information on Costs Associated with Language Assistance.
Eligibility Information
For eligibility information, see the solicitation cover page.
For information on cost sharing or matching requirements, see the"Federal Award Information"section.
Application and Submission Information
See the"Application Elements and Formatting Instructions"section of the OJP Grant Application Resource Guide
for information on what happens to an application that does not contain all the specified elements or is
nonresponsive to the scope of the solicitation.
Information to Complete the Application for Federal Assistance(SF-424)
The SF-424 must be submitted in Grants.gov. It is a required standard form used as a cover sheet for submission
of pre-applications, applications, and related information. See the OJP Grant Application Resource Guide for
additional information on completing the SF-424.
In Section 8F of the SF-424, please include the name and contact information of the individual who will
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complete application materials in JustGrants. JustGrants will use this information (email address) to assign
the application to this user in JustGrants.
Intergovernmental Review: This solicitation ("funding opportunity") is subject to Executive Order 12372.An
applicant may find the names and addresses of state Single Points of Contact(SPOCs)at the following website:
https://www.whitehouse.gov/wp-contenUuploads/2020/04/SPOC-4-13-20.pdf. If the applicant's state appears on
the SPOC list, the applicant must contact its SPOC to find out about, and comply with, the state's process under
E.O. 12372. In completing the SF-424, an applicant whose state appears on the SPOC list is to make the
appropriate selection in response to question 19 once the applicant has complied with its state E.O. 12372
process. An applicant whose state does not appear on the SPOC list should answer question 19 by selecting the
response that the: "Program is subject to E.O. 12372 but has not been selected by the state for review."
Standard Applicant Information(JustGrants 424 and General Agency Information)
The Standard Applicant Information section of the JustGrants application is pre-populated with the SF-424 data
submitted in Grants.gov. The applicant will need to review the Standard Applicant Information in JustGrants and
make edits as needed. Within this section, the applicant will need to add: zip codes for areas affected by the
project; confirm its Authorized Representative; and verify and confirm the organization's unique entity identifier,
legal name, and address.
Proposal Narrative
The proposal narrative should be submitted as an attachment in JustGrants. The attached document should be
double-spaced, using a standard 12-point Times New Roman font, and have no less than 1-inch margins. Pages
should be numbered and submitted as an attachment.
Category 1 —Eligible Allocation Amounts of Less than $25,000
The proposal narrative for Category 1 applications should include a description of the project(s), including
subawards, if applicable, to be funded with JAG funds over the 2-year grant period.
Category 2—Eligible Allocation Amounts of$25,000 or More
The proposal narrative for Category 2 applications should include:
a. Description of the Issue— Identify the unit of local government's strategy/funding priorities for the
FY 2022 JAG funds, the subgrant award process (if applicable, including disparates)and timeline,any
progress or challenges, and a description of the programs to be funded over the 4-year grant period.
b. Project Design and Implementation—Describe the unit of local government's strategic planning
process, if any, that guides its priorities and funding strategy.This should include a description of how
the local community is engaged in the planning process and the data and analysis utilized to support
the plan. It should identify the stakeholders currently participating in the strategic planning process,
the gaps in the needed resources for criminal justice purposes, and how JAG funds will be
coordinated with state and related justice funds.
c. Capabilities and Competencies—Describe any additional strategic planning/coordination efforts in
which the units of local government participate with other criminal justice entities within the local
jurisdiction.
Plan for Collecting the Data Required for this Solicitation's Performance Measures
d. Plan for Collecting the Data Required for this Solicitation's Performance Measures —OJP will
require each successful applicant to submit specific performance data that show the completed work's
results. The performance data directly relate to the objectives previously identified under"Objectives."
Applicants should visit OJP's performance measurement page at www.oip.gov/performance for an
overview of performance measurement activities at OJP.
The application should demonstrate the applicant's understanding of the performance data reporting
requirements for this grant program and detail how the applicant will gather the required data should it
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receive funding.
Note: Applicants are not required to submit performance data with the application. Rather, performance measure
information is included as an alert that successful applicants will be required to submit performance data as part
of each award's reporting requirements.
BJA will require award recipients to submit performance measure data in BJA's PMT located at
https://b'apmt.oip.gov and separately submit an annual (Category 1 recipients)or semi-annual (Category 2
recipients)performance report in JustGrants. BJA will provide further guidance on the post-award submission
process, if selected for award.
Note on Project Evaluations
An applicant that proposes to use award funds through this solicitation to conduct project evaluations must follow
the guidance in the "Note on Project Evaluations" section in the OJP Grant Application Resource Guide.
Budget and Associated Documentation
Budget Worksheet and Budget Narrative(attachment)
The applicant will complete the budget worksheet attachment and submit it by uploading it as an attachment in
JustGrants. See the OJP Grant Application Resource Guide for additional information.
The budget narrative and budget worksheet(attachment)are critical elements, and applicants will be unable to
successfully submit an application in JustGrants unless an attachment is uploaded in this section. If an applicant
does not have a budget to submit at the time of application, an attachment must be uploaded noting as such, and
BJA will add the appropriate special condition withholding funds for budget documentation.
Please note that the budget narrative should include a full description of all costs, including administrative costs
(if applicable).
Indirect Cost Rate Agreement(if applicable)
The applicant will submit its indirect cost rate agreement by uploading it as an attachment in JustGrants. See the
OJP Grant Application Resource Guide for additional information.
This rule does not eliminate or alter the JAG-specific restriction in federal law that states charges for
administrative costs may not exceed 10 percent of the award amount, regardless of the approved indirect cost
rate.
Financial Management Questionnaire(including applicant disclosure of high-risk status)
The applicant will download the questionnaire, complete it, and submit it by uploading it as an attachment in
JustGrants. See the OJP Grant Application Resource Guide for additional information and the link to the
questionnaire.
Disclosure of Process Related to Executive Compensation
This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating its
"Disclosure of Process Related to Executive Compensation" provisions. Applicants to this solicitation are not
required to provide this disclosure.
Additional Application Components
The applicant will attach the requested documentation in JustGrants.
Research and Evaluation Independence and Integrity Statement
If an application proposes research (including research and development)and/or evaluation, the applicant must
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demonstrate researchlevaluation independence and integrity, including appropriate safeguards, before it may
receive award funds. The applicant will submit documentation of its research and evaluation independence and
integrity by uploading it as an attachment in JustGrants. For additional information, see the OJP Grant
Application Resource Guide.
Certifications and Assurances by the Chief Executive of the Applicant Government
A JAG application is not complete, and a unit of local government may not access award funds, unless the chief
executive of the applicant unit of local government(e.g., the mayor) properly executes, and submits, the
"Certifications and Assurances by the Chief Executive of the Applicant Government"attached in the section
above entitled "Other Program Requirements."The most up-to-date certification form can be found at: FY 2022
Byrne JAG—Certifications and Assurances by the Chief Executive of the Applicant Government(oip.gov).
Disclosures and Assurances
The applicant will address the following disclosures and assurances.
Disclosure of Lobbying Activities
Complete and submit the SF-LLL in Grants.gov. See the OJP Grant Application Resource Guide for additional
information.
DOJ Certified Standard Assurances
Review and accept the DOJ Certified Standard Assurances in JustGrants. See the OJP Grant Application
Resource Guide for additional information.
Applicant Disclosure of Duplication in Cost Items
Complete the JustGrants web-based Applicant Disclosure of Duplication in Cost Items form. See the OJP Grant
Application Resource Guide for additional information.
DOJ Certifications Regarding Lobbying; Debarment,Suspension and Other Responsibility Matters; and Drug-Free
Workplace Requirements
Review and accept the DOJ Certified Certifications Regarding Lobbying; Debarment, Suspension and Other
Responsibility Matters; Drug-Free Workplace Requirements; and Law Enforcement and Community Policing in
JustGrants. See the OJP Grant Application Resource Guide for additional information.
Applicant Disclosure and Justification-DOJ High Risk Grantees(if applicable)
If applicable, submit the DOJ High Risk Disclosure and Justification as an attachment in JustGrants. A DOJ High
Risk Grantee is an award recipient that has received a DOJ High Risk designation based on a documented
history of unsatisfactory performance, financial instability, management system or other internal control
deficiencies, or noncompliance with award terms and conditions on prior awards, or that is otherwise not
responsible. See the OJP Grant Application Resource Guide for additional information.
How to Apply
Step 1: The applicant must submit the SF-424 and an SF-LLL in Grants.gov at
https://www.grants.gov/web/grants/register.htmi.
Step 2: The applicant must then submit the full application, including attachments, in JustGrants at
JustGrants.usdoi.gov.
For additional information, see the"How to Apply"section in the OJP Grant Application Resource Guide and the
DOJ Application Submission Checklist.
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Submission Dates and Time
The SF-424 and the SF-LLL must be submitted in Grants.gov by August 3, 2022 at 8:59 p.m. eastern time.
The full application must be submitted in JustGrants by August 8, 2022 at 8:59 p.m.eastern time.
OJP urges applicants to submit their Grants.gov and JustGrants submissions prior to the due dates to allow
sufficient time to correct errors and resubmit by the submission deadlines if a rejection notification is received. To
be considered timely, the full application must be submitted in JustGrants by the JustGrants application
deadline.
Experiencing Unforeseen Technical Issues
An applicant that experiences unforeseen SAM.gov, Grants.gov, or JustGrants technical issues beyond its
control that prevent application submission by the deadline must demonstrate all efforts in requesting technical
support in order to submit an application by the deadline. Technical support is available via phone and email to
the applicable SAM.gov, Grants.gov, or JustGrants support centers or service desks in which an applicant
received a ticket number for resolution. If an applicant misses a deadline due to unforeseen technical difficulties,
the applicant may request a waiver to submit an application after the deadline. Note:If an applicant does not
submit all the required Grants.gov forms by the Grants.gov deadline, the applicant will not be able to proceed to
the JustGrants portion of the application process.
An applicant experiencing technical difficulties with the following systems must contact the associated support
desk indicated below to report the technical issue and receive a tracking number:
. Grants.gov—Contact the Grants.gov Customer Support Hotline.
. SAM.gov—Contact the SAM Help Desk(Federal Service Desk).
. JustGrants—Contact the JustGrants Support Desk at JustGrants.Support(aD_usdoi.gov or 833-872-5175.
An applicant requesting a waiver to submit a late application must document their request for technical
assistance in an email to the OJP Response Center at grants(cDncirs.gov within 24 hours after the application
deadline to request approval to submit its application after the deadline. If an applicant has technical issues with
Grants.gov, the applicant must contact the OJP Response Center within 24 hours of the Grants.gov deadline to
request approval to submit after the deadline. Waiver requests to submit after the submission deadline must:
. Describe the technical difficulties experienced.
. Include a timeline of the applicant's submission efforts (e.g.,what date and time did the error occur,what
date and time was action taken to resolve the issue and resubmit; and what date and time did support
representatives respond).
. Include an attachment(s)of the cornplete grant application and all required documentation and material.
. Include the applicant's Unique Entity Identifier(UEI)and any applicable SAM.gov tracking number(s),
Grants.gov Help Desk, and JustGrants Support Desk Ticket Numbers.
OJP will review each request for late submission and required supporting documentation and notify the applicant
whether the request has been approved or denied. For more details on the waiver process, OJP encourages
applicants to review the "Experiencing Unforeseen Technical Issues"section in the OJP Grant Application
Resource Guide.
Application Review Information
Review Process
OJP reviews the application to make sure that the information presented is reasonable, understandable,
measurable, achievable, and consistent with the solicitation. See the OJP Grant Application Resource Guide for
information on the application review process for this solicitation.
Pursuant to the Part 200 Uniform Requirements, before award decisions are made, OJP also reviews information
related to the degree of risk posed by the applicant.Among other things to help assess whether an applicant with
one or more prior federal awards has a satisfactory record with respect to performance, integrity, and business
ethics, OJP checks whether the applicant is listed in SAM as excluded from receiving a federal award.
In addition, if OJP anticipates that an award will exceed $250,000 in federal funds, OJP also must review and
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consider any information about the applicant that appears in the non-public segment of the integrity and
performance system accessible through SAM (currently, the Federal Awardee Performance and Integrity
Information System, FAPIIS).
Important note on FAPIIS: An applicant, at its option, may review and comment on any information about itself
that currently appears in FAPIIS and was entered by a federal awarding agency. OJP will consider such
comments by the applicant, in addition to the other information in FAPIIS, in its assessment of the risk posed by
the applicant.
Absent explicit statutory authorization or written delegation of authority to the contrary, the Assistant Attorney
General will make all final award decisions.
Federal Award Administration Information
Federal Award Notices
See the OJP Grant Application Resource Guide for information on award notifications and instructions.
Administrative, National Policy,and Other Legal Requirements
If selected for funding, in addition to implementing the funded project consistent with the OJP-approved
application, the recipient must comply with all award conditions and all applicable requirements of federal statutes
and regulations, including the applicable requirements referred to in the assurances and certifications executed in
connection with award acceptance. For additional information on these legal requirements, see the
"Administrative, National Policy, and Other Legal Requirements"section in the OJP Grant Application Resource
Guide.
Information Technology(IT)Security Clauses
An application in response to this solicitation may require inclusion of information related to information
technology security. See the OJP Grant Application Resource Guide for information on information technology
security.
General Information about Post-Federal Award Reporting Requirements
In addition to the deliverables described in the "Program Description"section, all award recipients under this
solicitation will be required to submit certain reports and data.
Category 1 —Eligible Allocation Amounts of Less than $25,000
Recipients must submit:
• Quarterly Federal Financial Reports(and one final Federal Financial Report after all funds have been
obligated and expended)through OJP's JustGrants system.
• Quarterly Performance Measurement Tool reports and a final Performance Measurement Tool report
through BJA's PMT. Please note that as soon as all project activity has concluded,that report may be
marked final.
• An annual performance report and final progress report through OJP's JustGrants. If all project activity has
concluded at the time the first annual performance report is submitted, that report may be marked final.
• If applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific
award conditions.
Category 2— Eligible Allocation Amounts of$25,000 or More
Recipients must submit:
Quarterly Federal Financial Reports (and one final Federal Financial Report after all funds have been
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obligated and expended)through OJP's JustGrants system.
• Quarterly Performance Measurement Tool reports and a final Performance Measurement Tool report(at
any time once all project activity has concluded)through BJA's PMT.
• Semi-annual performance reports and a final performance report(at any time once all project activity has
concluded)through OJP's JustGrants.
• If applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific
award conditions.
Accountability measurement data must be submitted through BJA's Performance Measurement Tool, available at
https://b'apmt.oip.gov. The accountability measures are available at https://biapmt.olp.gov/help/iagdocs.html.
(Note that if a unit of local government provides funding to a law enforcement agency,the unit of local
government must submit quarterly accountability measurement data on training that officers have received on
use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public.)
See the OJP Grant Application Resource Guide for additional information on specific post-award reporting
requirements, including performance measure data.
Federal Awarding Agency Contact(s)
For OJP contact(s), see solicitation cover page.
For contact information for Grants.gov, see the solicitation cover page.
For contact information for JustGrants, see the solicitation cover page.
Other Information
Freedom of Information and Privacy Act(5 U.S.C.552 and 5 U.S.C.552a)
See the OJP Grant Application Resource Guide for information on the Freedom of Information and Privacy Act (5
U.S.C. 552 and 5 U.S.C. 552a).
Provide Feedback to OJP
See the OJP Grant Application Resource Guide for information on how to provide feedback to OJP.
Application Checklist
BJA FY 2022 Edward Byrne Memorial Justice Assistance Grant Formula Program: Local Solicitation
This application checklist has been created as an aid in developing an application. The DOJ Application
Submission Checklist is another resource.
What an Applicant Must Do:
Prior to registering in Grants.gov:
. Confirm your Entity's System Award Management(SAM) Registration Information (see OJP Grant
Application Resource Guide)
To register in Grants.gov:
. Acquire an Authorized Organization Representative (AOR)and a Grants.gov username and
password (see OJP Grant Application Resource Guide)
Acquire AOR confirmation from the E-Business Point of Contact(E-Biz POC) (see OJP Grant
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Application Resource Guide)
To find the Funding Opportunity:
• Search for the Funding Opportunity in Grants.gov using the opportunity number, Assistance Listing,
or keyword(s)
• Select the correct Competition ID
• Access the Funding Opportunity and Application Package (see Step 7 in the OJP Grant Application
Resource Guide)
• Sign up for Grants.gov email notifications (optional)(see OJP Grant Application Resource Guide)
• Read Important Notice: Applying for Grants in Grants.gov
• Read OJP policy and guidance on conference approval, planning, and reporting available at
https://www.o'p.gov/funding/financialquidedoi/iii-postaward-requirements#6g3y8 (see OJP Grant
Application Resource Guide)
Overview of Post-Award Legal Requirements:
• Review the"Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative
Agreements- FY 2022 Awards"in the OJP Funding Resource Center.
Review Scope Requirement:
• The federal amount requested is within the allowable limit(s)of the FY 2022 JAG Allocations List as
listed at: FY 2022 Local JAG Allocations.
Review Eligibility Requirement.-
Only units of local government may apply under this solicitation. By law, for purposes of the JAG Program,the
term "units of local government"includes a town, township, village, parish, city, county, borough, or other general-
purpose political subdivision of a state; or it may be a federally recognized American Indian tribal government that
performs law enforcement functions(as determined by the Secretary of the Interior). A unit of local government
also may be any law enforcement district or judicial enforcement district established under applicable state law
with authority to independently establish a budget and impose taxes;for example, in Louisiana, a unit of local
government means a district attorney or parish sheriff.
Prepare to submit the Application for Federal Assistance standard form (SF)-424 and Disclosure of
Lobbying Activities form (SF-LLL)
• Review Information to complete the Application for Federal Assistance (SF-424) in Grants.gov
• Submit the Intergovernmental Review
• Complete Standard Applicant Information (SF-424 information from Grants.gov)
• Submit the SF-424 and SF-LLL in Grants.gov
After the SF-424 and SF-LLL submission in Grants.gov, receive Grants.gov email notifications that:
• Submission has been received in Grants.gov
• Submission has either been successfully validated or rejected with errors (see OJP Grant
Application Resource Guide)
If no Grants.gov receipt and validation, or if error notifications are received:
• Contact the Grants.gov Customer Support Hotline at 800-518-4726,606-545-5035, at Grants.gov
customer support, or by email at support rag nts.gov regarding technical difficulties (see OJP
Grant Application Resource Guide)
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Receive email notification to complete application in JustGrants:
. Proceed to complete application in JustGrants
Content of Application Submission
. Proposal Narrative
Budget and Associated Documentation
• Budget Worksheet and Budget Narrative(attachment)
• Indirect Cost Rate Agreement(if applicable)(see OJP Grant Application Resource Guide)
• Financial Management and System of Internal Controls Questionnaire(see OJP Grant Application
Resource Guide)
Additional Application Components
• Research and Evaluation Independence and Integrity(see OJP Grant Application Resource Guide)
• FY 2022 Byrne JAG—Certifications and Assurances by the Chief Executive of the Applicant
Government(ojp.gov).
Disclosures and Assurances
• Disclosure of Lobbying Activities (SF-LLL) (see OJP Grant Application Resource Guide)
• Applicant Disclosure of Duplication in Cost Items (see OJP Grant Application Resource Guide)
• DOJ Certified Standard Assurances (see OJP Grant Application Resource Guide)
• DOJ Certifications Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters;
and Drug-Free Workplace Requirements (see OJP Grant Application Resource Guide)
• Applicant Disclosure and Justification—DOJ High Risk Grantees(if applicable)(see OJP Grant
Application Resource Guide)
Submit application in JustGrants:
. Application has been successfully submitted in JustGrants
If no JustGrants application submission validation, or if error notifications are received:
• Contact the JustGrants Service Desk at JustGrants.Support(a)usdol.gov or 833-872-5175 regarding
technical difficulties.
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