HomeMy WebLinkAboutAgreement A-17-505 with City of Fresno for JAG.pdf Agreement No. 17-505
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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 2017 LOCAL SOLICITATION
This Agreement, which incorporates Grant Management System Application Number
BJA-2017-11301 including Certifications and Assurances, is made and entered into this26day of
September , 2017, by and between the County of Fresno, acting by and through its
governing body, the County Board of Supervisors (hereinafter referred to as "COUNTY'), and
the City of Fresno, acting by and through its governing body, the City Council (hereinafter
referred to as "CITY"), all of Fresno County, State of California, witnesseth:
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 2017 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
were as follows: the CITY an amount of $199,485, and the COUNTY an amount of $65,072; and
WHEREAS,jurisdictions certified as disparate must identify a fiscal agent that will submit
a joint application for the total eligible allocation and who will be responsible for oversight of
subawardee spending and monitoring of specific outcomes and benefits attributable to use of
funds, and 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 2017 JAG allocation noted above.
NOW THEREFORE, in consideration of the above recitals which are contractual in
nature, and of the mutual promises contained herein, the COUNTY and CITY agree as
follows:
Section 1.
The CITY and COUNTY have agreed that the CITY will act as Fiscal Agent for purposes
of the FY 2017 JAG. The CITY and COUNTY have agreed neither party will seek costs
associated with administering JAG funds. Contingent upon funding being available, CITY
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agrees to allocate funding to the COUNTY in the amount of $65,072 from the FY 2017 JAG
funds.
Section 2.
COUNTY and CITY agree to use funds for the JAG until expiration of the FY 2017 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 (42 U.S.C. 3751(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 save the other party harmless from 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.
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
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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.
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.
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 the Fresno County Board of Supervisors.
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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 COUNTY O03._
F FRESNO
By: By: L
n-Sche er, y nager Brian Pacheco, Chairman
City of Fresno Board of Supervisors
ATTEST:
_ BERNICE E. SEIDEL, Clerk
By: - Board of Supervisors
�Jer DAY r, Ch. f of Police
Fret 0 Police Department By:
ATTEST:
YVONNE SPENCE REVIEWED & RECOMMENDED
City Clerk FOR APPROVAL:
l �'
By: By:
Deputy �4u C,0 " .H ¢� Mdrg ret Mi s, Sheriff-Coroner
12 13
APPROVED AS TO FORM: APPROVED AS TO LEGAL FORM:
DOUGLAS T. SLOAN DANIEL C. CEDERBORG
City Attorne Count Counsel
h-M__hrt,&P- Date Deputy
Deputy City Attorney
ohn H-as-h'uP APPROVED AS TO ACCOUNTING
FORM
Oscar J. Garcia, C.P.A.
Auditor-Controller/Treasurer-Tax Collector
By:
I
Address:
Address: County of Fresno
City of Fresno Attn: Margaret Mims, Sheriff-Coroner
Attn: Chief Jerry Dyer Fresno County Sheriff's Department
Fresno Police Department 2200 Fresno Street
2323 Mariposa Street Fresno, CA 93717
Fresno, CA 93721
"By law, the Fresno City Attorney's Office may only advise or approve the form of contracts or legal documents on
behalf 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 client. 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).
4
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046
See reverse for public burden disclosure.
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
®a. contract Fa]a. bid/offer/application Fal a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post-award For Material Change Only:
d. loan year quarter
e. loan guarantee date of last report
f. loan insurance
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name
❑Prime Q Subawardee and Address of Prime:
Tier if known: City of Fresno
County of Fresno 2600 Fresno Street
2281 Tulare Street Fresno,CA 93721
Fresno,CA 93721
Congressional District, if known: 16 Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
U.S.Department of Justice Edward Byrne Memorial Justice Assistance Grant Program FY 2017
Office of Justice Programs Local Solicitation
Bureau of Justice Assistance CFDA Number, if applicable: 16.738
8. Federal Action Number, if known: 9.Award Amount, if known:
$ 65,072.00
10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if
(if individual. last name. first name. MIli: different from No. 1Oa)
Alcalde&Fay Government and Public Affairs (last name, first name. Mft
R.Trace Roller
2111 Wilson Boulevard,8th Floor
Arlington,Virginia 22201 y�
11 Information requested through this forth is authorized by title 31 U.S.C. section Brian Pacheco
.1352 This disclosure of lobbying activities is a material representation of fact Signature:
upon which reliance was placed by the tier above when this transaction was made Brian Pacheco
or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Name:
information will be reported to the Congress semi-annually and will be available for
public inspection. Any person who fails to file the required disclosure shall be Title: Chairman,Board of Supervisors
subject to a civil penalty of not less that$10,000 and not more than$100,000 for
each such failure. Telephone No.: (559)600-1000 Date:
Federal Use Only: Authorized for Local Reproduction
Standard Form LLL(Rev.7-97)
ATTEST:
BERNICE E.SEIDEL,Clerk
Board of Supervisors
BY �
`C�L1��Depu�—
Certifications Page 1 of 3
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE CHIEF FINANCIAL OFFICER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT,SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before
completing this form. Acceptance of this form provides for compliance with certification requirements under 28
CFR Part 69, "New Restrictions on Lobbying,"2 CFR Part 2867, "DOJ Implementation of OMB Guidance on
Nonprocurement Debarment and Suspension,"and 28 CFR Part 83, "Government-wide Debarment and
Suspension,"and Government-wide Requirements for Drug-Free Workplace(Grants)."The certifications shall
be treated as a material representation of fact upon which reliance will be placed when the Department of
Justice determines to award the covered transaction, grant, or cooperative agreement.
1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for
persons entering into a grant or cooperative agreement over$100,000, as defined at 28 CFR Part 69, the
applicant certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of
any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(c) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and
subcontracts) and that all sub-recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT)
Pursuant to Executive Order 12549, Debarment and Suspension, implemented at 2 CFR Part 2867, for
prospective participants in primary covered transactions, as defined at 2 CFR Section 2867.20(a), and other
requirements:
A. The applicant certifies that it and its principals:
(a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial
of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any
Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
(c) Have not within a two-year period preceding this application been convicted of a felony criminal violation
under any Federal law; unless such felony criminal conviction has been disclosed in writing to the Office of
Justice Programs (OJP) at Ojpcompliancereporting@usdoj.gov, and, after such disclosure, the applicant has
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received a specific written determination from OJP that neither suspension nor debarment of the applicant is
necessary to protect the interests of the Government in this case.
(d)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State, or local)with commission of any of the offenses enumerated in paragraph (b)of this certification; and
(e) Have not within a three-year period preceding this application had one or more public transactions (Federal,
State, or local)terminated for cause or default.
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this application.
3. FEDERAL TAXES
A. If the applicant is a corporation, the applicant certifies that either(1)the corporation has no unpaid Federal
tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or
have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible
for collecting the tax liability, or(2)the corporation has provided written notice of such an unpaid tax liability (or
liabilities)to OJP at Ojpcompliancereporting@usdoj.gov, and, after such disclosure, the applicant has received
a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary
to protect the interests of the Government in this case.
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this application.
4. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 83, Subpart F, for
grantees, as defined at 28 CFR Sections 83.620 and 83.650:
A. The applicant certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions
that will be taken against employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to inform employees about
(1)The dangers of drug abuse in the workplace;
(2)The grantee's policy of maintaining a drug-free workplace;
(3)Any available drug counseling, rehabilitation, and employee assistance programs; and
(4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy
of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a)that, as a condition of employment under
the grant, the employee will
(1)Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the
workplace no later than five calendar days after such conviction;
(e) Notifying the agency, in writing,within 10 calendar days after receiving notice under subparagraph (d)(2)
from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees
must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN:
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Control Desk, 810 7th Street, N.W., Washington, D.C. 20531. Notice shall include the identification number(s)
of each affected grant;
(f)Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2),
with respect to any employee who is so convicted
(1)Taking appropriate personnel action against such an employee, up to and including termination, consistent
with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs(a), (b), (c), (d), (e), and(f).
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the
above certifications.
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County of Fresno Authorized Representative Signature:
L k�
Brian Pacheco, Chairman Board of Supervisors
ATTEST:
BERNICE E.SEIDEL,Clerk
Board of Supervisors((�l_1t
By l Sn nn W
Deputy
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OMB APPROVAL
.f
NUMBER 1121-0140
EXPIRES 05/31/2019
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
CERTIFIED STANDARD ASSURANCES
On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify
under penalty of perjury to the Office of Justice Programs (OJP), U.S. Department of Justice("Department"),
that all of the following are true and correct;
(1) 1 have the authority to make the following representations on behalf of myself and the
Applicant. I understand that these representations will be relied upon as material in any OJP
decision to make an award to the Applicant based on its application.
(2) 1 certify that the Applicant has the legal authority to apply for the federal assistance sought by
the application, and that it has the institutional, managerial, and financial capability (including
funds sufficient to pay any required non-federal share of project costs)to plan, manage, and
complete the project described in the application properly.
(3) 1 assure that, throughout the period of performance for the award (if any) made by OJP based
on the application--
a. the Applicant will comply with all award requirements and all federal statutes and
regulations applicable to the award;
b. the Applicant will require all subrecipients to comply with all applicable award requirements
and all applicable federal statutes and regulations; and
c. the Applicant will maintain safeguards to address and prevent any organizational conflict of
interest, and also to prohibit employees from using their positions in any manner that
poses, or appears to pose, a personal or financial conflict of interest.
(4)The Applicant understands that the federal statutes and regulations applicable to the award (if
any) made by OJP based on the application specifically include statutes and regulations
pertaining to civil rights and nondiscrimination, and, in addition--
a. the Applicant understands that the applicable statutes pertaining to civil rights will include
section 601 of the Civil Rights Act of 1964 (42 U.S.C. §2000d); section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §794); section 901 of the Education Amendments of
1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C.
§6102);
b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may
include section 815(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. § 3789d(c)); section 1407(e)of the Victims of Crime Act of 1984 (42 U.S.C. §
10604(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002
(42 U.S.C. § 5672(b)); and that the grant condition set out at section 40002(b)(13) of the
Violence Against Women Act (42 U.S.C. § 13925(b)(13)) also may apply;
c. the Applicant understands that it must require any subrecipient to comply with all such
applicable statutes (and associated regulations); and
d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§42.105
and 42.204.
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(5)The Applicant also understands that(in addition to any applicable program-specific
regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination)
the federal regulations applicable to the award (if any) made by OJP based on the application
may include, but are not limited to, 2 C.F.R. Part 2800(the DOJ "Part 200 Uniform
Requirements") and 28 C.F.R. Parts 22 (confidentiality-research and statistical information), 23
(criminal intelligence systems), and 46(human subjects protection).
(6) 1 assure that the Applicant will assist OJP as necessary (and will require subrecipients and
contractors to assist as necessary)with the Department's compliance with section 106 of the
National Historic Preservation Act of 1966 (54 U.S.C. §306108), the Archeological and Historical
Preservation Act of 1974 (54 U.S.C. §§ 312501-312508), and the National Environmental Policy
Act of 1969 (42 U.S.C. §§4321-4335), and 28 C.F.R. Parts 61 (NEPA)and 63(floodplains and
wetlands).
(7) 1 assure that the Applicant will give the Department and the Government Accountability Office,
through any authorized representative, access to, and opportunity to examine, all paper or
electronic records related to the award (if any) made by OJP based on the application.
(8) 1 assure that, if the Applicant is a governmental entity, with respect to the award (if any) made
by OJP based on the application--
a. it will comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970(42 U.S.C. §§4601-4655),which govern the treatment of
persons displaced as a result of federal and federally-assisted programs; and
b, it will comply with requirements of 5 U.S.C. §§ 1501-1508 and 7324-7328, which limit
certain political activities of State or local government employees whose principal
employment is in connection with an activity financed in whole or in part by federal
assistance.
I acknowledge that a materially false, fictitious, or fraudulent statement(or concealment or
omission of a material fact) in this certification, or in the application that it supports, may be the
subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 42 U.S.C.
§ 3795a), and also may subject me and the Applicant to civil penalties and administrative
remedies for false claims or otherwise(including under 31 U.S.C. §§3729-3730 and 3801-3812).
1 also acknowledge that OJP awards, including certifications provided in connection with such
awards, are subject to review by the Department, including by OJP and by the Department's
Office of the Inspector General.
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County of Fresno Authorized Representative Signature:
L 4,
Brian Pacheco, Chairman Board of Supervisors
ATTEST:
BERNICE E.SEIDEL,Clerk
BOar�((i11of SU,^.mIs-rs
By.�.d�
Deput
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U.S. DEPARTMENT OF JUSTICE
OFFICE OFJUSTICE PROGRAMS
State or Local Government: FY 2017 Certification of Compliance with 8 U.S.C. § 1373
On behalf of the applicant government entity named below, and in support of its application, I certify under penalty of perjury 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 legal officer of the State or local government of which the applicant entity named below is a part("the
jurisdiction"), and I have the authority to make this certification on behalf of the jurisdiction and the applicant entity(that
is,the entity applying directly to OJP). I understand that OJP will rely upon this certification as a material
representation in any decision to make an award to the applicant entity.
(2) 1 have carefully reviewed 8 U.S.C. § 1373(a)and(b), including the prohibitions on certain actions by State and local
government entities,-agencies, and-officials regarding information on citizenship and immigration status. I also have
reviewed the provisions set out at(or referenced in)8 U.S.C. § 1551 note("Abolition ... and Transfer of Functions"),
pursuant to which references to the"Immigration and Naturalization Service"in 8 U.S.C. § 1373 are to be read,as a
legal matter, as references to particular components of the U.S. Department of Homeland Security.
(3) 1 (and also the applicant entity)understand that the U.S. Department of Justice will require States and local
governments(and agencies or other entities thereof)to comply with 8 U.S.C.§ 1373, with respect to any"program or
activity"funded in whole or in part with the federal financial assistance provided through the FY 2017 OJP program
under which this certification is being submitted("the FY 2017 OJP Program"identified below), specifically including
any such"program or activity"of a governmental entity or-agency that is a subrecipient(at any tier)of funds under the
FY 2017 OJP Program.
(4) 1 (and also the applicant entity)understand that,for purposes of this certification, "program or activity"means what it
means under title VI of the Civil Rights Act of 1964(see 42 U.S.C. §2000d-4a), and that terms used in this certification
that are defined in 8 U.S.C. § 1101 mean what they mean under that section 1101,except that the term"State"also
shall include American Samoa(of.42 U.S.C. §901(a)(2)). Also, I understand that,for purposes of this certification,
neither a"public" institution of higher education(i.e., one that is owned, controlled,or directly funded by a State or local
government) nor an Indian tribe is considered a State or local government entity or-agency.
(5) 1 have conducted(or caused to be conducted for me)a diligent inquiry and review concerning both—
(a) the"program or activity"to be funded(in whole or in part)with the federal financial assistance sought
by the applicant entity under this FY 2017 OJP Program; and
(b) any prohibitions or restrictions potentially applicable to the"program or activity"sought to be funded
under the FY 2017 OJP Program that deal with sending to, requesting or receiving from, maintaining,
or exchanging information of the types described in 8 U.S.C. § 1373(a)or(b),whether imposed by a
State or local government entity, -agency,or-official.
(6) As of the date of this certification, neither the jurisdiction nor any entity, agency, or official of the
jurisdiction has in effect, purports to have in effect, or is subject to or bound by, any prohibition or any
restriction that would apply to the"program or activity'to be funded in whole or in part under the FY 2017 OJP
Program (which,for the specific purpose of this paragraph 6,shall not be understood to include any such
"program or activity"of any subrecipient at any tier), and that deals with either—(1) a government entity
or-official sending or receiving information regarding citizenship or immigration status as described in 8
U.S.C. § 1373(a); or(2)a government entity or-agency sending to, requesting or receiving from, maintaining,
or exchanging information of the types(and with respect to the entities)described in 8 U.S.C. § 1373(b).
I acknowledge that a materially false,fictitious, or fraudulent statement(or concealment or omission of a material fact) in this
certification,or in the application that it supports, may be the subject of criminal prosecution(including under 18 U.S.C. §§ 1001
and/or 1621, and/or 42 U.S.C. §3795a),and also may subject me and the applicant entity to civil penalties and administrative
remedies for false claims or otherwise(including under 31 U.S.C. §§3729-3730 and§§3801-3812). l also acknowledge that
OJP awards, including certifications provided in connection with such awards, are subject to review by USDOJ, including by
OJP and by the USDOJ Office of the Inspector General.
Signature of Chief Legal Officer of the Jurisdiction Printed Name of Chief Legal Officer
Date of Certification Title of Chief Legal Officer of the Jurisdiction
Name of Applicant Government Entity(i.e., the applicant to the FY 2017 OJP Program identified below)
FY 2017 OJP Program: Byrne Justice Assistance Grant("JAG") Program