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HomeMy WebLinkAboutAgreement A-24-287 MOU with the City of Fresno.pdf MOU Agreement No. 24-287 UEI #ELPGKCJ7DJK7 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 2023 LOCAL SOLICITATION This Agreement, which incorporates Grant Management System Award Number, 15PBJA-23-GG-03182-JAGX including the Certifications and Assurances, is made and entered into this 18th day of June 2024, 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 2023 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 will receive $313,523, and the COUNTY will receive $103,324; 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 2023 JAG allocation noted above. 1 UEI #ELPGKCJ7DJK7 AGREEMENT NOW THEREFORE, 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 2023 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 $103,324 from the FY 2023 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 2023 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 2 UEI #ELPGKCJ7DJK7 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 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 3 UEI #ELPGKCJ7DJK7 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 2 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. 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.] 4 UEI#ELPGKCJ7DJK7 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: Ge rg anne A. White Nathan Magsig, Chairman of City anager the Board of Supervisors of the County of Fresno AB : gTa wl rV1wo� ATTEST: Fresno Police Department �, BERNICE E. SEIDEL, Clerk of the Board of Supervisors County of Fresno, State of/California APPROVED AS ANDREW ANZ TO FORM: By 1d� --- City Attorney Jennifer M. Wharton Date Deputy City Attorney Address: ATTEST: County of Fresno TODD STERMER, CMC Attn: John Zanoni, Sheriff City Clerk Fresno County Sheriffs Office - 2200 Fresno Street 2ta t Fresno, CA 93717 Deputy Date Fund:0095 Address: Subclass: 17655 City of Fresno ItJTvyv11 MIppY CA4_iM Org: 1456 Attn: Chief Account:4375 Fresno Police Department 2323 Mariposa Street 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). 5 Certifications and Assurances U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Memorial Justice Assistance Grant Program FY 2023 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local govemment named below, in support of that 'ocality's application for an award under the FY 2023 Edward Byrne Memorial 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 (`USDOX) that all of the following are true and correct: 1. 1 am the chief executive of the applicant unit of local government named below, aid 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 de relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government. 2. 1 certify that no federal funds made available by the award (if any)that OJP makes based cn the application described above will be used to supplant :ocal funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds be made available for?aw enforcement activities. 3 1 assure that the applicatior 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 desigiated 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.0 § 10153(a)(5), and, with respect to the programs to be funded by the award (if ary), I hereby make the certification required by section 10153(a)(5). as to each of the items specified therein_ Signature of Chief Executive of the Applicant Unit of Date of Certification Local Government Nathan Magsig Chairman of the Board o-Supervisors of the County of Fresno 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 County of Fresno,State of California gy (/ •.. _ Deputy Rev April 21,2023 Award Conditions �w Department of Justice (DOJ) Office of Justice Programs - Bureau of Justice Assistance Washington,D.C. 20531 Name and Address of Recipient: FRESNO, CITY OF 2600 FRESNO ST City, State and Zip: FRESNO, CA 93721 (Recipient UEI: ELPGKCJ7DJK7 Project Title: Local Law Enforcement Equipment and Services Augmentation Award Number: 15PBJA-23-GG-03182-JAGX Program Solicitation Title: BJA FY 23 Edward Byrne Memorial Justice Assistance Grant(JAG) Program - Local Solicitation Federal Award Amount: $416,847.00 Federal Award Date: 9/26/23 Awarding Agency: Office of Justice Programs Bureau of Justice Assistance Funding Instrument Type: Grant Opportunity Category: D iAssistance Listing: 116.738- Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/22 Project Period End Date: 9/30/26 Budget Period Start Date: 10/1/22 iBudget Period End Date: 9130/26 Project Description: The City of Fresno and County of Fresno will use JAG funds to augment or expand their respective project's activities by procuring officer safety equipment and supplies to combat crime. Page: 1 of 23 Award Letter September 26, 2023 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 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $416,847, 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 IDeputy Assistant Attorney General Office for Civil Rights Notice for All Recipients I i I he 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 https://ojp.gov/funding/ Explore/LegalOverview/CivilRightsRequirements.htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. Page: 2 of 23 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 igrant 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 IThe 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, Ithe 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. I 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.bAa.gov/Funding/nepa.htinl. NEPA Coordinator First Name Middle Name Last Name Orbin Terry Page: 3 of 23 i 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 UEI ELPGKCJ7DJK7 Street 1 2600 FRESNO ST Street 2 City State/U.S. Territory FRESNO California Zip/Postal Code Country 93721 United States County/Parish Province Award Details Federal Award Date Award Type 9/26/23 Initial Award Number Supplement Number 15PBJA-23-GG-03182-JAGX 00 Federal Award Amount Funding Instrument Type $416,847.00 Grant Assistance Listing Assistance Listings Program Title Number 16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority Title I of Public Law 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) [XI t have read and understand the information presented in this section of the Federal Award Instrument. Project Information Page: 4 of 23 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 OJP 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Program Office BJA Application Number �GRANT13947576 Grant Manager Name Fadumo Tahlil Phone Number 202-598-9805 E-mail Address Fadumo.Tahlil@usdoj.gov Project Title Local Law Enforcement Equipment and Services Augmentation Program Performance Period Start Date Performance Period End Date 10/01/2022 09/30/2026 (Budget Period Start Date Budget Period End Date 10/01/2022 09/30/2026 Project Description The City of Fresno and County of Fresno will use JAG funds to augment or expand their respective project's activities by procuring officer safety equipment and supplies to combat crime. [Xj 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. [Xj I have read and understand the information presented in this section of the Federal Award Instrument. 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. Page: 5 of 23 1 Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, "Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient ("subgrantee") at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the "controlled equipment" list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition: Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here. 2 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." 3 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. 4 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number(e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/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 Page: 6 of 23 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. 5 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"). '6 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. 17 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 IGrants Financial Guide. 8 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) 1 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/ FY22Appropriations Restrictions.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. 9 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. Page: 7 of 23 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. 10 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. 11 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 for 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. 12 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. 13 Requirements related to "de minimis" indirect cost rate Page: 8 of 23 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. 14 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). i !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. 14. Rules of construction IA. 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 I(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. i 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. Page: 9 of 23 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- IVerifyEmployerAgent@dhs.gov. (Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 15 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/implemenUtraining-guiding-principles-grantees-and-subgrantees. ,16 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. I 17 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. 18 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 October 15, 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://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition Page: 10 of 23 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. 19 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. i 12. 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. 20 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 Page: 11 of 23 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. 21 iRequirement 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 PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 22 '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. i23 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. 151225 (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. 24 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants ;administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. �25 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 Page: 12 of 23 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. 26 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-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 27 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. 28 Reporting potential fraud, waste, and abuse, and similar misconduct IThe 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. jPotential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the iOIG 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, Ilnvestigations 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:Hoig.justice.gov/hotline. I 29 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 Page: 13 of 23 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). 30 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. I (Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient)would or might Ifall 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. 31 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. I 32 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. 33 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, Page: 14 of 23 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). �34 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 Isubaward. 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. 35 lAny written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U,S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. 36 Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents)whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)."The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 37 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact . information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient's Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/ training-entity-management. 38 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 Page: 15 of 23 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 i 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. �39 (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. 40 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. �41 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 Page: 16 of 23 (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: https:// bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting lrequirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 42 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. 43 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022 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, 2022), 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. 44 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. With the exception of Forensic Genetic Genealogy, 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). 45 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". Page: 17 of 23 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. 46 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. 47 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 leach 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 i !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 ion 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 148 !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 land 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. 149 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. 50 Page: 18 of 23 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). 51 (Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards,"the requirements for the "Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs"and the requirements for the "Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs" do not apply to this award. 152 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. 53 .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. i 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. 54 Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued ,guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov. 55 Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The ,recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable ,deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may Page: 19 of 23 result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 56 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. �57 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. 58 (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. 59 Confidentiality of data ;The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 iand 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. �60 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. 61 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 iof Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. 62 IIn 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 fall 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. Page: 20 of 23 �63 i Withholding of funds for 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. 64 Withholding of funds for 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. 65 ,Withholding of funds for Budget narrative or information IThe recipient may not expend or draw down any award funds until the recipient submits, and OJP reviews and laccepts, the required budget information or narrative for the award, and an Award Condition Modification has been lissued to remove this condition. [X] 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) 1 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 iconditions 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, nor 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 Ithat, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration land 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 Page: 21 of 23 Deputy Assistant Attorney General Maureen Henneberg 9/23/23 2:13 PM 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 10/19/2023 11:25 PM Page: 22 of 23 Page: 23 of 23 Application PROPOSAL NARRATIVE JAG 2023 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 1,011,499 for 2023, an increase of 0.2% over 2022, 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 549,702 and is made up of 116.00 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 eleven 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 900 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 has rapidly added to its ranks with the approval and authorization of our administration and governing body. 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 12 PROPOSAL NARRATIVE JAG 2023 demand on our agency to ensure the safety of our residents. 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 complement of sworn officers. With more sworn officers on the streets and 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 of success with large grant funded projects. We are confident that we can successfully meet the goals and objectives of the 2023 Justice Assistance Grant project. In recent years there has been a sharp increase in shootings and homicides in the City of Fresno; as well as a significant increase in gang related shootings and homicides. In 2020, the City of Fresno experienced a 51.09% increase in shootings (374 in 2019 compared to 732 in 2020) and a significant 60.81% increase in homicides (45 in 2019 compared to 74 in 2020) (Fresno Police Department AXON Records Management System). There was also a significant increase in shootings. 193 of the shootings were gang related in 2019 compared to 313 in 2020, and 31 of the Page 2 of 12 PROPOSAL NARRATIVE JAG 2023 2019 homicides were gang related compared to 53 in 2020. This violence continued with 74 homicides again in 2021. During the week of March 15-21, 2021, FPD reported 22 homicides compared to five at the same time in 2020; marking an increase of 340%. During this same time frame, it was published that Fresno had the largest homicide rate per capita in the State of California. More recently, we have seen an increase in violence against police officers. In 2023, Selma Police Officer Gonzalo Carrasco Jr., 24-years old, was shot and killed in the line of duty by a Bulldog gang member. In addition, a Fresno Police Officer was shot in his chest during a traffic stop by a Bulldog gang member. Fortunately,the officer's vest stopped the round which would have likely been fatal. On a separate incident, multiple Fresno Police Officers came under gunfire while responding to a call for service. 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. 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 have closed in on the gap and acquired energetic new officers. These officers 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. A key area of priority and emphasis is preventing and combating hate crimes. Based on city wide hate crime case factors, there were a total of 9 cases in 2021, a total of 8 cases in 2022, and a total of 9 cases in 2023 year to date. The cases were narrowed down by the bias, which were Race/Ethnicity, Sexual Orientation and Religion. In 2022, there was one case in which the bias fell Page 3 of 12 PROPOSAL NARRATIVE JAG 2023 under both Sexual Orientation and Race. In 2023, there was one case in which the bias fell under both Sexual Orientation and Religion. The victims were made up of Black, Hispanic, White,Asian Indian/Punjabi, and Other. In 2021, a Fresno Unified School District building was a victim of a hate crime and in 2022, a church was a victim of a hate crime. In 2023, a church building was a victim of a hate crime. All hate crimes are fully investigated when they occur and are sent to the Fresno County District Attorney's Office for prosecution. Like other law enforcement agencies, we are facing challenges brought on by current 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 meet community 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 Page 4 of 12 PROPOSAL NARRATIVE JAG 2023 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. 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 to combat crime and to ensure the safety of our sworn officers and the community they have vowed to protect 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, training, and equipment 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 Page 5 of 12 PROPOSAL NARRATIVE JAG 2023 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 and is 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. 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,%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 Page 6 of 12 PROPOSAL NARRATIVE JAG 2023 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. JAG funding is also being requested for our Air Support Unit, named "Skywatch" to provide operational costs 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 and age 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 Page 7 of 12 PROPOSAL NARRATIVE JAG 2023 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 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 FPD and FSO are NIBRS compliant. FPD is currently state certified and FSO anticipates state certification by next quarter in 2023. 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 Page 8 of 12 PROPOSAL NARRATIVE JAG 2023 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 of kin; and to act as the County burial authority in burying the indigent or abandoned dead. The Public Administrator is legally mandated 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 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 Arrowhead Forensics Investigations Laser system to be used by the Crime Scene Unit to support the EOD Unit with evidence recovery of explosive devices and utilized for evidence recovery on other items. The laser system is used to detect latent fingerprints and other evidence such as, bone fragments, footprints, bodily fluids, chemically treated prints etc. The investigator scans the laser beam across the target area, which greatly enhances the visibility of latent prints and bodily fluids. The investigation laser would greatly enhance EOD improvised explosive device and post blast investigation capabilities and reach far beyond its EOD use. The equipment is estimated to cost $33,000 and would be funded with JAG 2023, 2022 and 2021 allocated EOD unit monies. Arrowhead Scientific, Inc. is an approved business via SAM.gov as of August 17, 2023. The Sheriff's Office will facilitate an Agenda Item to receive the County of Page 9 of 12 PROPOSAL NARRATIVE JAG 2023 Fresno's approval to purchase the fixed asset and would then work with the County of Fresno's Purchasing Department to issue a purchase order with the vendor via a Sole Source/Suspension of Competition to purchase the laser system from Arrowhead Scientific, Inc. In addition, we will ensure the vendor is not on the Disbarment and Suspension list. Funding will also be used to purchase tasers for the Jail Medical & Services Bureau for use by Corrections Staff who are assigned to guard incarcerated people at off-site medical facilities. Funds will be used to purchase equipment for the Video Infrastructure Protection Program (VIPP) ongoing 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. 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 Chief s 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 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 Page 10 of 12 PROPOSAL NARRATIVE JAG 2023 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 efforts 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 2023 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, Support and Special Services, Patrol, and Investigative Divisions, The Grants Management Unit, under the Administrative Services Division, is managed by a Business Manager and employs a Management Analyst II. 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 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 Page 11 of 12 PROPOSAL NARRATIVE JAG 2023 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 REQUIRED 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. 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 Sheriffs Office have had experience with completing this data entry. All data will be vetted through our internal controls to ensure accuracy. 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 12 of 12 BUDGET NARRATIVE JAG-23 A. Personnel—N/A B. Frinee Benefits—N/A C. Travel—N/A D. Eauillment-$12,000 The Fresno Sherriff's Office is requesting funding to purchase Arrowhead Forensics Investigation Laser system to be used by the crime scene unit to support the EOD unit with evidence recovery of explosive devices. The laser system will be used to detect latent fingerprints and other evidence such as, bone fragments, footprints, bodily fluids, chemically treated prints etc. The investigator scans the laser beam across the target area, which greatly enhances the visibility of latent prints and bodily fluids. The investigation laser would greatly enhance EOD improvised explosive device and post blast investigation capabilities. This is far superior technology than current methods. JAG 2023, 2022 and 2021 allocated EOD unit funds will be used to make the purchase estimated to cost $33,000. Sunnlies-$391,847 Ammunition purchases will ensure that Fresno Police Department (FPD) 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 equipment necessary to maintain these skills. Ammunition will be utilized to Page 1 of 5 BUDGET NARRATIVE JAG 23 conduct ongoing police training for our officers including qualifications,perishable skills training, special unit training, and SWAT tactical training. Total Cost for Ammunition (FPD) -$75,200 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 (FPD) -$17,800 Each year the Air Support Unit or"Skywatch"patrol is at risk of being grounded without additional funding to support their services. 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 conduct patrol, special surveillance operations, photo missions, and site surveys of incidents. Fuel costs have drastically Page 2 of 5 BUDGET NARRATIVE JAG 23 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 -$130,623 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 -$61,200 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. Total Cost of Radio Equipment-$15,700 Page 3 of 5 BUDGET NARRATIVE JAG 23 The County of Fresno will purchase tasers for use by Corrections staff who are assigned to guard incarcerated people at off-site medical facilities, (hospital, skilled nursing facility, etc.) Total Cost of Tasers for the Jail & Medical Services Bureau -$35,000 The County of Fresno will purchase supplies for the 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 location(s). The exact VIPP items to be purchased are unknown at time. Total Cost for Video Infrastructure Protection Program - $56,324 F. Construction —N/A G. Consultant/Contracts—N/A H. Other- $13,000 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)-$13,000 The Fresno County Sheriff's Office is currently working towards NIBRS compliance with the recent purchase and implementation of a new Computer Aided Dispatch/Records Management System/Jail Management System. This new system will integrate with NIBRS reporting and start the certification process through the State of California. They expect to be certified within the next Page 4 of 5 BUDGET NARRATIVE JAG 23 quarter. Total Cost of FSO NIBRS Compliance-$-0- I. Indirect Costs—N/A SUMMARY OF BUDGET Category Budget A. Personnel N/A B. Fringe Benefits N/A C. Travel N/A D. Equipment $12,000 E. Supplies $391,847 F. Construction N/A G. Consultants/Contracts N/A H. Other $13,000 Total Direct Costs $416,847 . Indirect Costs N/A OTAL PROJECT COSTS $416,847 Page 5 of 5 Proposal Abstract The City of Fresno and County of Fresno will use JAG funds to augment or expand their respective project's activities by procuring officer safety equipment and supplies to combat crime. Members of both agencies have made the commitment to serve and protect; and to continue to engage the community in our crime fighting strategies and seek solutions to reducing crime in our neighborhoods. The community advisory board meetings implemented have enabled us to develop and prioritize our funding strategies to ensure we do our best serving the communities utilizing this funding in the most efficient manner. Solicitation OMB No. 1121-0329 Expires 12/31/2023 U.S. Department of Justice Office of Justice Programs Bureau of Justice AssistanceCID) BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Assistance Listing Number# 16.738 Grants.gov Opportunity Number: O-BJA-2023-171790 Solicitation Release Date: June 30, 2023 12:00 PM ET Application Grants.gov Deadline: August 24, 2023 8:59 PM ET Application JustGrants Deadline: August 31, 2023 8:59 PM ET Overview The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) seeks applications for funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This program furthers the DOJ's mission by assisting state, local, and tribal jurisdictions' efforts to prevent or reduce crime and violence and to improve the fair administration of the justice system. This solicitation incorporates guidance provided in the OJP Grant Application Resource Guide which provides additional information for 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 Page 1 of 38 O-BJA-2023-171790 Competition ID Category Number Dollar Performance Performance of Amount for Start Date Duration Awards Award (Months) Category 1— Applicants with 10/1/22 C-BJA-2023-00104-PROD eligible 678 $10,420,302 12:00 AM 24 allocation amounts of less than $25,000 Category 2—Applicants 10/1/22 C-BJA-2023-00105-PROD with eligible 618 92,358,317 12:00 AM 48 allocation amounts of $25,000 or more Eligible Applicants: City or township governments, County governments, Native American tribal governments (Federally recognized), Special district governments 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) 2023 JAG Program can be found at: https://bia.oip.gov/ program/iag/fy-2023-allocations. Eligible allocations under the JAG Program are posted annually on the JAG web page. See the Allocation Determination and Units of Local Government Requirements Regarding Use of JAG Funds 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. Contact Information For assistance with the requirements of this solicitation, contact the OJP Response Center at 800-851-3420, 301-240-6310 (TTY for hearing-impaired callers only), or grants(@ncirs.gov.The OJP Response Center operates from 10:00 a.m. to 6:00 p.m. eastern time (ET) Monday—Friday, and 10:00 a.m. to 8:00 p.m. ET on the solicitation Page 2 of 38 O-BJA-2023-171790 close date. Submission Information Registration: Before submitting an application, all applicants must register with the System for Award Management (SAM). You must renew and validate your registration every 12 months. If you do not renew your SAM registration, it will expire. An expired registration can delay or prevent application submission in Grants.gov and JustGrants. Registration and renewal can take up to 10 business days to complete. Submission: Applications must be submitted to DOJ electronically through a two-step process via Grants.gov and JustGrants. 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. Submit the SF-424 and SF-LLL as early as possible, but no later than 48 hours before the Grants.gov deadline. If an applicant fails to submit in Grants.gov, they will be unable to apply in JustGrants. For technical assistance with submitting the SF-424 and an SF-LLL in Grants.gov, contact the Grants.gov Customer Support Hotline at 800-518-4726, 606-545-5035, Grants.qov Customer Support, or support(aD_grants.gov. The Grants.gov Support Hotline operates 24 hours a day, 7 days a week, except on federal holidays. Step 2: The applicant must submit the full application, including attachments, in JustGrants at JustGrants.usdoi gov by the JustGrants application deadline. For technical assistance with submitting the full application in JustGrants, contact the JustGrants Service Desk at 833-872-5175 or JustG rants.Support(a)usdoi.gov. The JustGrants Service Desk operates 7 a.m. to 9 p.m. ET Monday—Friday and 9 a.m. to 5 p.m. ET on Saturday, Sunday, and federal holidays. 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. Applicants should maintain all receipts and confirmations received from SAM.gov, Grants.gov, JustGrants systems. Page 3 of 38 O-BJA-2023-171790 Contents Overview 1 Contact Information 2 Program Description 6 Overview 6 Specific Information 6 Goals, Objectives, and Deliverables 19 Evidence-Based Programs 19 Information Regarding Potential Evaluation of Programs and 19 Activities Federal Award Information 20 General Guidance for Federal Award 20 Awards, Amounts and Durations 21 Type of Award 21 Financial Management and System Controls 21 Budget Information 21 Cost Sharing or Matching Requirement 21 Pre-agreement Costs (also known as Pre-award Costs) 22 Prior Approval, Planning, and Reporting of Conference/Meeting/ 22 Training Costs Costs Associated with Language Assistance (if applicable) 22 Availability of Funds 22 Eliigibility Information 22 Application and Submission Information 22 Content of Application Submission 22 Information to Complete the Application for Federal Assistance 23 (SF-424) in Grants.gov Standard Applicant Information (JustGrants 424 and General Agency 23 Information) Proposal Abstract 23 Proposal Narrative 24 Budget and Associated Documentation 26 Budget Worksheet and Budget Narrative (attachment) 26 Indirect Cost Rate Agreement (if applicable) 26 Financial Management and System of Internal Controls 26 Questionnaire (including applicant disclosure of high-risk status) Disclosure of Process Related to Executive Compensation 26 Additional Application Components 27 Page 4 of 38 O-BJA-2023-171790 Research and Evaluation Independence and Integrity Statement 27 Memorandum of Understanding (if applicable) 27 Certifications and Assurances by the Chief Executive of the 27 Applicant Government Disclosure and Assurances 27 Disclosure of Lobbying Activities 28 DOJ Certified Standard Assurances 28 Applicant Disclosure of Duplication in Cost Items 28 DOJ Certifications Regarding Lobbying; Debarment, Suspension and 28 Other Responsibility Matters; and Drug-Free Workplace Requirements; Law Enforcement and Community Policing Applicant Disclosure and Justification — DOJ High Risk Grantees (if28 applicable) How to Apply 28 Submission Dates and Time 29 Application Review Information 31 Review Process 31 Federal Award Administration Information 32 Federal Award Notices 32 Administrative, National Policy, and Other Legal Requirements 32 Information Technology (IT) Security Clauses 32 General Information about Post-Federal Award Reporting 32 Requirements Federal Awarding Agency Contact(s) 33 Other Information 33 Freedom of Information and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 33 552a) Provide Feedback to OJP 34 Application Checklist 35 Standard Solicitation Resources 37 Page 5 of 38 O-BJA-2023-171790 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. With this solicitation, the Bureau of Justice Assistance (BJA) seeks to award Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds to eligible units of local government. (BJA will issue a separate solicitation for applications from states). 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 Public Law 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 award allocations for the units of local government, 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 Page 6 of 38 O-BJA-2023-171790 amount" for a particular unit of local government, as determined on this basis, is less than $10,000, 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 page. 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 an 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 each participating jurisdiction's authorized representative. 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, an applicant should visit the JAG web page and click on their respective state and note the following regarding the state's allocation table: 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. See the JAG FAQs for more information. A sample MOU is also available. Statutory Program Areas In general, JAG funds awarded to a unit of local government under the FY 2023 program may be used to hire additional personnel and/or purchase equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice or civil proceedings, including for any one or more of the following program areas: 1. Law enforcement programs. Page 7 of 38 O-BJA-2023-171790 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. 9. Implementation of state crisis intervention court proceedings and related programs or initiatives, including, but not limited to, mental health courts, drug courts, veterans courts, and extreme risk protection order programs. In connection with all of the above purposes, it should be noted 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 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 advancing justice system reform efforts, advancing racial equity and support for underserved communities, preventing and combating hate crimes, crime and violence reduction strategies, and community violence intervention (CVI) approaches. BJA encourages recipients of FY 2023 JAG funds to consider coordination with federal law enforcement agencies and other stakeholders, including communities most impacted by crime and violence, in addressing these challenges. Additional details on the BJA areas of emphasis can be found below: Advancing Justice System Reform Efforts The justice system serves an important role in protecting communities and seeking justice for victims. For the justice system to serve that role effectively, it must be fair, open, and equitable; utilize evidence-based approaches; and promote restorative practices and rehabilitation. For far too long, however, the justice system has not lived up to its promise. Racial bias and injustice and overly harsh sentences have swelled correctional populations which not only exacerbates distrust in the justice system, but also destabilizes the wellbeing of communities. To build strong, safe, and healthy communities, it is critical to address the underlying, Page 8 of 38 O-BJA-2023-171790 entrenched issues of inequity and disparity in the criminal justice system so that all persons receive equal treatment under the law. Jurisdictions must carefully review the ways in which the structures and incentives within their own systems are driving correctional populations and racial disparities and realign operations and target resources toward community solutions. Consistent with President Biden's Executive Order 14074, Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety, and the Safer America Plan, DOJ is committed to advancing bold, effective justice reform solutions that deliver safety, equity, and justice for all. Justice system reform includes, but is not limited to, a wide range of investments in community safety and justice such as accountability of law enforcement to build community trust, alternatives to incarceration, community supervision reforms, support for mental health and substance use treatment services, community-driven programs and partnerships, and enhancing pretrial processes, Efforts to continue to address the backlog of court cases created during the pandemic would fall in this category. BJA encourages JAG recipients to utilize funding for projects that promote all aspects of justice system reform. Advancing Racial Equity and Support for Underserved Communities Consistent with the Presidential Memorandum on Restoring the Department of Justice's Access-to-Justice Function and Reinvigorating the White House Legal Aid Interagency Roundtable and Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, DOJ is committed to ensuring equal access to justice and identifying and reducing disparities that exist throughout the criminal and civil legal systems, and to remove barriers to ensure equal opportunity for people of color and for communities that have been historically underserved, marginalized, and adversely affected by inequality. This commitment is evidenced by the April 14, 2022, Equity Action Plan designed to increase equity, opportunity, and resources for the most vulnerable communities. BJA encourages JAG recipients to utilize funds to support efforts at the state, territory, local, and tribal levels to institute more effective and equitable criminal justice policies and practices, foster public trust, and enhance public safety and security by increasing engagement with community members and building partnerships with community organizations to develop a shared vision and approach to addressing crime. This includes support for strategies to ensure the protection of defendants' and incarcerated individuals' constitutional rights and safety and efforts to address wrongful convictions and conviction integrity. This also includes supporting technological or personnel upgrades to provide more equitable access to justice, including language access resources, resources to better serve those with disabilities, and indigent defense services. Finally, this can include efforts to build partnerships between the criminal justice system and nonprofits to Page 9 of 38 O-BJA-2023-171790 provide support for collaborative, community-driven and informed efforts, such as community-based diversion programs outside of the criminal justice system, increasing access to resources to support the right to counsel, and developing community-driven and informed prevention programs or responses to violent crime. Preventing and Combating Hate Crimes Hate crimes (sometimes called bias-motivated crimes) are criminal offenses motivated by some form of bias toward victims based on their perceived or actual race, color, ethnicity, religion, national origin, sexual orientation, gender, gender identity, or disability. Hate crimes have a devastating effect beyond the harm inflicted on any one victim. They reverberate through families, communities, and the entire nation as others fear that they too may be threatened, attacked, or forced from their homes because of what they look like, who they are, where they worship, who they love, or whether they have a disability. As with most other crimes, hate crimes in the United States are primarily investigated under state law and prosecuted by local, state, and tribal authorities. However, reluctance from victims and witnesses to contact law enforcement about hate crime incidents may arise from perceptions of bias, distrust of law enforcement or the criminal justice system, or barriers such as language or concerns about immigration status. Hate crimes are chronically underreported to and under-identified by law enforcement. Tools such as the U.S. Bureau of Justice Statistics' National Crime Victimization Survey N( CVS) and the Federal Bureau of Investigation's (FBI's) Uniform Crime Reporting (UCR) program shed some light on trends among those hate crimes reported to law enforcement or through NCVS. Although hate crimes are often underreported, in recent years, there have been alarming spikes in hate crimes and threats of violence across the country, often fueled by online hate forums. In 2021 and 2022, there were several attacks on houses of worship, threats against Historically Black Colleges and Universities, and increased attacks on Asian Americans. Though many jurisdictions are facing significant increases in hate crimes and hate incidents, a recent research study and survey from the National Institute of Justice NIJ indicates that many state and local law enforcement agencies do not have adequate tools to identify, investigate, and respond to hate crimes, and only 23 percent of law enforcement agencies that responded to the survey reported any hate crime investigations in 2018. In September 2022, Attorney General Merrick Garland announced that all 94 U.S. Attorneys' offices would be implementing the United Against Hate Program and emphasized that eliminating hate and bias-motivated crimes is one of DOJ's top priorities, and combating hate crimes and promoting trust and accountability in law enforcement was one of the Department's priority goals for fiscal year 2023. BJA encourages JAG recipients to utilize funding to promote change and accountability by supporting state, local, and tribal efforts to prevent hate crimes, improve data collection and reporting of hate-related criminal offenses and incidents, and promote efforts to fully investigate and prosecute hate crimes when they do occur. Page 10 of 38 O-BJA-2023-171790 This includes ensuring those agencies that have not yet transitioned to the National Incident Based Reporting System (NIBRS) do so expeditiously to ensure that national hate crime statistics are as accurate as possible. More information on BJA's portfolio addressing hate crimes, 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 (olp.gov). Crime and Violence Reduction Strategies The Biden—Harris Administration and DOJ have made crime and violence reduction a top priority. In May 2022, President Biden signed Executive Order 14074, Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety, which states, "since early 2020, communities around the country have faced rising rates of violent crime, requiring law enforcement engagement at a time when law enforcement agencies are already confronting challenges of staffing shortages and low morale." According to an analysis of 27 cities conducted by the Council on Criminal Justice, the number of homicides in 2022 declined 4 percent over 2021, yet the homicide rate remained 34 percent higher than 2019 levels. Also, preliminary data compiled by the National Law Enforcement Officers Memorial Fund indicate that as of December 31, 2022, 226 federal, state, tribal, and local law enforcement officers died in the line of duty in 2022. Line-of-duty-related deaths continue to be a top concern. Sixty-four law enforcement officers were killed feloniously by firearms in 2022, which is an increase over the historical number of deaths by gunfire seen in the prior decade (2010-2020 saw an average of 53). 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 crime and 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; and form partnerships with federal, state, and local law enforcement and prosecutors to identify persons who use guns to commit a 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 timely submission of all necessary records into the FBI databases, which will help prevent illegal transfers of firearms to those who are prohibited from owning firearms under current law. BJA also encourages JAG grantees to invest in implementing programs that provide training, assistance, and resources to law enforcement agencies to mitigate the current crisis in law enforcement recruitment and retention, bolster the security of at-risk places of worship such as synagogues, churches, and mosques, provide Page 11 of 38 O-BJA-2023-171790 security for prosecutors and elections, enhanced community policing and crime prevention, enforcement of commonsense gun laws, and upgrade systems and/or purchase technology that support agency strategies to reduce violent crime and enhance their capacity to better address crime. Community Based Violence Intervention (CVI) Approaches In April 2021, the Biden—Harris Administration announced historic investments in 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. On February 16, 2023, Attorney General Garland delivered remarks at a convening of grantees under OJP's Community Based Violence Intervention and Prevention Initiative. He emphasized that DOJ's approach to disrupting violent crime is: "centered on our partnerships — both with the communities harmed by violent crime and with the law enforcement agencies that protect those communities. Our approach is centered on building public trust. We know that we cannot do our jobs effectively without the trust of the communities we serve. Our department-wide anti-violent crime strategy leverages the resources of our federal prosecutors, agents, investigators, grant programs, and criminal justice experts towards those ends. We are working closely with local and state law enforcement agencies, with officials across government, and with the communities most affected by this violence, and with the community organizations on the front lines — all toward one goal: the goal of making our communities safer." BJA encourages JAG recipients to invest JAG funds to tailor programs to build strong, sustained partnerships with community residents and organizations to support CVI work in communities most impacted by violent crime. 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 provided to them such as behavioral health support, employment access, housing advocacy, and family support. More information on CVI strategies is available through BJA's National Training and Technical Assistance Center (NTTAC) and on BJA's website at: https://bia.oip.gov/program/ community-violence-intervention/overview. BJA encourages JAG recipients to partner with organizations with existing CVI strategies to support and enhance those programs, which may include organizations funded under OJP's Community Based Violence Intervention and Prevention Initiative (CVIPI). To identify and learn Page 12 of 38 O-BJA-2023-171790 more about existing CVIPI grantees, review OJP's CVIPI web page and FY 2022 CVIPI award information. In addition, jurisdictions looking to implement those strategies can request training and technical assistance (TTA) on the NTTAC website. Additional Uses of JAG Funds JAG funds awarded under this FY 2023 solicitation may also be used to: • Support reentry projects with the goal of improving outcomes for incarcerated individuals returning to the community from prison or jail. • 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 of 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, with a focus on gender and racial diversity. • Support virtual reality de-escalation training. • Purchase humane remote restraint devices that enable law enforcement to restrain an uncooperative subject without inflicting pain. • Purchase gunfire detection technology. • Promote data sharing and sex offender monitoring. Additionally, JAG funds awarded under this FY 2023 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 (oip.gov). 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 amount 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, BJA encourages the leveraging of federal funding. Page 13 of 38 O-BJA-2023-171790 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 and Controlled Equipment and Associated Procedures under JAG — The JAG statute, at 34 U.S.C. § 10152(d), specifically identifies a list of prohibited items. In addition, consistent with Executive Order 14074, Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety of May 25, 2022, the use of OJP grant funds for the purchase or transfer of certain equipment has been designated as prohibited or controlled starting with FY 2023 OJP grant funds. Details and associated procedures for requesting prior approval, where applicable, can be found in the JAG Prohibited and Controlled Equipment Guidance and the JAG FAQs. 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 2023 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. Minimum Requirements for Extreme Risk Protection Order Programs (ERPOs) — ERPOs must include, at a minimum- 1. 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 14th 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. 2. The right to be represented by counsel at no expense to the government. 3. Pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Page 14 of 38 O-BJA-2023-171790 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 14th 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. 4. Penalties for abuse of the program. 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: FY23 JAG - Certifications and Assurances by the Chief Executive of the Applicant Government. Please note that this certification contains 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 2023 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 2023 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: JAG - Body- Worn Camera (BWC) Policy Certification. 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 Page 15 of 38 O-BJA-2023-171790 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 Partnership 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. 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 2023 award funds to purchase body armor must provide OJP with a certification(s) that each law enforcement agency receiving body armor has a written "mandatory wear" policy in effect (see 34 U.S.C. 10202(c)). The certification form related to mandatory wear can be found at: JAG - Body Armor Mandatory Wear Policy Certification. 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 of body armor after the award is accepted, the award recipient must submit the signed certification to OJP at that time. 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 Page 16 of 38 O-BJA-2023-171790 subrecipient. Any such certifications must be maintained by the JAG award recipient and made available to OJP upon request. 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(a usdoj.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. 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 webpage. JAG award recipients should note, however, that funds may not be used for any part of the 50 percent match required by the BVP Program. Death in Custody Reporting Act (DCRA) — The Death in Custody Reporting Act of 2013 (Public Law 113-242) requires states to report to the Attorney General information regarding the death of any person who is detained, under arrest, in the process of being arrested, en route to be incarcerated, or incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted by the state, any state or local contract facility, or other local or state correctional facility (including any juvenile facility). To comply with DCRA, JAG State Administering Agencies (SAAs) are responsible for collecting data on a quarterly basis from local entities including local jails, law enforcement agencies, medical examiners, and other state agencies and submitting the data to BJA. Units of local government are strongly encouraged to cooperate with DCRA data collection efforts within their state. Interoperable Communications — Units of local government (including any subrecipients) that are using FY 2023 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 requirements. Page 17 of 38 O-BJA-2023-171790 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. The Cybersecurity.& Infrastructure Security Agency (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 2023 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 ecdAcisa.dhs.gov for more information. All communications equipment purchased with FY 2023 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.gustice.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 dispositions or records are made available in a timely fashion. National Incident-based Reporting System — 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 Page 18 of 38 O-BJA-2023-171790 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)). 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 continue to have critical criminal justice funding available through JAG when SRS transitioned to NIBRS. A NIBRS set-aside is NOT required for FY 2023 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. Local jurisdictions that are seeking NIBRS compliance certification should reach out directly to their respective state agency. Agencies with questions about the certification process may contact ucr-nibrs[a)fbi.gov. More information about NIBRS, including toolkits and updates from the FBI Criminal Justice Information Services team, can be found at: NIBRS — FBI. Goals, Objectives, and Deliverables Goals In general, the FY 2023 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 and civil proceedings. Objectives The objectives are directly related to the JAG Program accountability measures described at: https://boa.00p.gov/sites/g/files/xyckuhl86/files/media/document/jag-pmt- accountability-measures.pdf. A unit of local government that receives an FY 2023 JAG award will be required to produce various types of reports including quarterly performance reports in BJA's Performance Measurement Tool (PMT), quarterly financial reports in JustGrants, 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 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 Page 19 of 38 O-BJA-2023-171790 OJP may conduct or support an evaluation of the programs and activities funded under this solicitation. For additional information and applicable documentation to be included in the application, 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 Anticipated number of awards BJA expects to make:1296 Anticipated maximum dollar amount for each award: $4,660,745 Period of performance start date: October 1, 2022 Period of performance duration: 24 - 48 months Anticipated Total amount to be awarded under solicitation: $102,778,619 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. Solicitation Categories Competition ID Category Number Dollar Performance Performance of Amount for Start Date Duration Awards Award (Months) Category 1— Applicants with 10/1/22 C-BJA-2023-00104-PROD eligible 678 $10,420,302 12:00 AM 24 allocation amounts of less than $25,000 Category Page 20 of 38 O-BJA-2023-171790 C-BJA-2023-00105-PROD 2—Applicants 618 92,358,317 10/1/22 48 with eligible 12:00 AM allocation amounts of $25.000 or more Awards, Amounts and Durations Type of Award 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 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. General requirement for federal authorization of any subawardg 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. 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 Page 21 of 38 O-BJA-2023-171790 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). Prior Approval, Planning, and Reporting of Conference/Meeting/Training 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. Availability of Funds This solicitation, and awards 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 by state for the FY23 JAG Program can be found at: https://bia.oip,gov/ program/laq/fy-2023-allocations. Eliigibility Information For eligibility information, see the solicitation cover page. For information on cost sharing or matching requirements, see the "Federal Award Information" section. All recipients and subrecipients (including any for-profit organization) must forgo any profit or management fee. Application and Submission Information Content of Application Submission Page 22 of 38 O-BJA-2023-171790 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) in Grants.gov 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 S F-424. In Section 8F of the SF-424, please include the name and contact information of the individual who will complete the application 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- content/uploads/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. On 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 "Program is subject to E.O. 12372 but has not been selected by the State for review." 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 "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 their Authorized Representative; and verify and confirm the organization's unique entity identifier, legal name, and address. Proposal Abstract Page 23 of 38 O-BJA-2023-171790 A brief Proposal Abstract (no more than 100 words), which concisely describes the intended use of JAG funds, must be completed in the JustGrants web-based form. This abstract should be in paragraph form without bullets or tables, written in the third person, and exclude personally identifiable information. Abstracts will be made publicly available on the OJP and USASpending.gov websites if the project is awarded. Examples of brief Proposal Abstracts are included below. JAG Abstract Examples: The city of will use JAG funds for overtime for increased patrols to bolster the security of at-risk nonprofit organizations such as synagogues, churches, mosques, and other places of worship. The county of will use JAG funds to hire credible messengers as part of a community based violence intervention initiative. Disparate JAG Abstract Example: The disparate jurisdictions of and will use JAG funds for technology improvements and equipment. Specifically, the county of will use JAG funds to replace its records management system in order to transition to NIBRS, and the city of will use JAG funds to purchase body worn cameras to promote public trust, accountability, and transparency. 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 font; have no less than 1-inch margins; and should not exceed 10 numbered pages. Category 1 — Eligible Allocation Amounts of Less than $25,000 The proposal narrative for Category 1 applications must 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 2023 JAG funds, the subaward process (if applicable, including disparates) and Page 24 of 38 O-BJA-2023-171790 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 process, if any, for engaging stakeholders from across the justice continuum and how that input informs priorities. This should include a description of how local communities are engaged in the planning process, how state and local planning efforts are coordinated, and the challenges faced in coordination. The applicant should identify the stakeholders representing each program area who are participating in the strategic planning process, the gaps in the state's needed resources for criminal justice purposes, plans to improve the administration of the criminal justice system, 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 and/or state. Please provide an overview of any evidence-informed programs that have been implemented successfully and how those programs might inform implementation of strategic plan priorities. d. Plan for Collecting the Data Required for this Solicitation's Performance Measures 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 receive funding. Note: Applicants are not required to submit performance data with the application. Rather, performance measure information is included as a notification that award recipients will be required to submit performance data as part of each award's reporting requirements. Some measures are presented as examples, while others are the exact measures that every recipient will be expected to address. OJP will require each award recipient to submit regular performance data that show the completed work's results. The performance data directly relate to the goals, objectives, and deliverables identified in the "Goals, Objectives, and Deliverables" discussion. Applicants can visit OJP's performance measurement page at www.o'p.gov/performance for an overview of performance measurement activities at OJP. A list of performance measure questions for this program can be found at: https:// biapmt.ojp.gov/help/JAGDocs.html. NOTE: BJA is in the process of reviewing and revising these performance measure questions. Any changes resulting from this Page 25 of 38 O-BJA-2023-171790 review will be communicated to award recipients. BJA will require award recipients to submit quarterly performance measure data in BJA's PMT located at https://biapmt.oip. ov and separately submit a semi-annual 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) If applicable, the applicant will upload their indirect cost rate agreement 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 and System of Internal Controls Questionnaire (including applicant disclosure of high-risk status) The applicant will download the questionnaire, complete it, and upload it as an attachment in JustGrants. See the OJP Grant Application Resource Guide for additional information and the link to the questionnaire. Page 26 of 38 O-BJA-2023-171790 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 demonstrate research/evaluation independence and integrity, including appropriate safeguards, before it may receive award funds. The applicant will upload documentation of its research and evaluation independence and integrity as an attachment in JustGrants. For additional information, see the OJP Grant Application Resource Guide. Memorandum of Understanding (if applicable) For disparate jurisdictions, an 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. See the Allocation Determination and Units of Local Government Requirements Regarding Use of JAG Funds section and the JAG FAQs for more information. A sample MOU is also available. OJP will not deny an application for an FY 2023 award if the recipient does not submit a properly executed MOU by the application deadline, but the award recipient will not be able to access award funds (and its award will include a condition that withholds funds) until it submits the properly executed MOU. 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: https:// bia.oip.gov/doc/fy-23-local-iaq-ce-certification.pdf. Disclosure and Assurances Page 27 of 38 O-BJA-2023-171790 The applicant will address the following disclosures and assurances. Disclosure of Lobbying Activities Complete and submit the SF-LLL in Grants.gov. Once the applicant submits in Grants.gov, this information will pre-pend into JustGrants. 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; Law Enforcement and Community Policing 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; noncompliance with award terms and conditions on prior awards, or is otherwise not responsible. See the OJP Grant Application Resource Guide additional information. How to Apply Registration: Before submitting an application, all applicants must register with the System for Award Management (SAM). You must renew and validate your registration every 12 months. If you do not renew your SAM registration, it will expire. An expired registration can delay or prevent application submission in Grants.gov and JustGrants. Registration and renewal can take up to 10 business days to complete. Submission: Applications must be submitted to DOJ electronically through a two-step Page 28 of 38 O-BJA-2023-171790 process via Grants.gov and JustGrants. Step 1 : After registering with SAM, the applicant must submit the SF-424 and SF-LLL in Grants.gov at https://www.grants.gov/web/grants/register.html by the Grants.gov deadline. Submit the SF-424 and SF-LLL as early as possible, but no later than 48 hours before the Grants.gov deadline. If an applicant fails to submit in Grants.gov, they will be unable to apply in JustGrants. Step 2: The applicant must then submit the full application including attachments in JustGrants at JustGrants.usdol.gov by the JustGrants deadline. Within 24 hours after receipt of confirmation emails from Grants.gov, the individual in Section 8F of the SF-424 will receive an email from DIAMD-NoReplyCa)_usdoj.gov with instructions on how to create a JustGrants account. Register the Entity Administrator and the Application Submitter with JustGrants as early as possible but no later than 48-72 hours before the JustGrants deadline. Once registered in JustGrants, the Application Submitter will receive an emailed link to complete the rest of the application in JustGrants. The Entity Administrator also will need to log into JustGrants to review and invite the applicant's Authorized Representative(s) before an application can be submitted. Submit the complete application package in JustGrants at least 24 — 48 hours prior to the JustGrants deadline. Some of the application components will be entered directly into JustGrants, and others will require uploading attached documents. Therefore, applicants will need to allow ample time before the JustGrants deadline to prepare each component. Applicants may save their progress in the system and revise the application as needed prior to hitting the Submit button at the end of the application in JustGrants. For additional information, see the "How to Apply" section in the OJP Grant Application Resource Guide and the DOJ Application Submission Checklist. Submission Dates and Time The SF-424 and the SF-LLL must be submitted in Grants.gov by 8/24/2023 8:59 PM, ET. The full application must be submitted in JustGrants by 8/31/2023 8:59 PM, ET. OJP urges applicants to submit their Grants.gov and JustGrants submissions prior to the due dates with sufficient time to correct any 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. Failure to begin the SAM.gov, Grants.gov, or JustGrants registration process in sufficient Page 29 of 38 O-BJA-2023-171790 time (i.e., waiting until the date identified in this solicitation) is not an acceptable reason for late submission. Experiencing Unforeseen Technical Issues Preventing Submission of an Application OJP will only consider a request to submit an application after the deadline when the applicant can document that a technical issue with a government system prevented application submission. If an applicant misses a deadline due to unforeseen technical issues with SAM.gov, Grants.gov, or JustGrants, the applicant may request a waiver to submit an application after the deadline. However, the waiver request will not be considered unless it includes a tracking number generated when the applicant contacts the applicable service desks to report technical difficulties. Tracking numbers are generated automatically when an applicant emails the applicable service desks; and for this reason, applicants are encouraged to email the appropriate service desk, even if they also intend to call the service desk for phone support. Experiencing wait times for phone support does not relieve the applicant of the responsibility of getting a tracking number. An applicant experiencing technical difficulties must contact the associated service desk indicated below to report the technical issue and receive a tracking number: • SAM.gov - contact the SAM Help Desk (Federal Service Desk), Monday — Friday from 8 a.m. to 8 p.m. ET at 866-606-8220. • Grants.gov - contact the Grants.gov Customer Support Hotline, 24 hours a day, 7 days a week, except on federal holidays, at 800-518-4726, 606-545-5035, or support grants.gov. • JustGrants - contact the JustGrants Service Desk at JustGrants.SupportCa).usdoj.gov or 833-872-5175, Monday — Friday from 7 a.m. to 9 p.m. ET and Saturday, Sunday, and Federal holidays from 9 a.m. to 5 p.m. ET. If an applicant has technical issues with SAM.gov or Grants.gov, the applicant must contact the OJP Response Center at grants(c-�ncjrs.gov within 24 hours of the Grants.gov deadline to request approval to submit after the deadline. If an applicant has technical issues with JustGrants that prevent application submission by the deadline, the applicant must contact the OJP Response Center at grants(c�ncjrs.gov within 24 hours of the JustGrants deadline to request approval to submit after the deadline. Waiver requests sent to the OJP Response Center must - • describe the technical difficulties experienced, • include a timeline of the applicant's submission efforts (e.g., date and time the Page 30 of 38 O-BJA-2023-171790 error occurred, date and time of actions taken to resolve the issue and resubmit; and date and time support representatives responded), • include an attachment of the complete grant application and all the required documentation and materials, • include the applicant's Unique Entity Identifier (UEI), and • include any SAM.gov, Grants.gov, and JustGrants Service Desk tracking numbers documenting the technical issue. OJP will review each waiver request and the required supporting documentation and notify the applicant whether the request for late submission has been approved or denied. An applicant that does not provide documentation of a technical issue or that does not submit a waiver request within the required time period will be 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 entity. 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 entity 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 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 may review and comment on any information about its organization 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 entity. Page 31 of 38 O-BJA-2023-171790 Absent explicit statutory authorization or written delegation of authority to the contrary, all final award decisions will be made by the Assistant Attorney General, who may consider not only peer review ratings and BJA recommendations, but also other factors as indicated in this section. Federal Award Administration Information Federal Award Notices Generally, award notifications are made by the end of the current Federal fiscal year, September 30th. 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. 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. Required reports - Award recipients typically must submit quarterly financial reports, quarterly performance measurement reports, semi-annual performance reports, final financial and performance reports, and, if applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific award conditions. Future awards and fund drawdowns may be withheld if reports are delinquent. (In appropriate cases, OJP may require additional reports.) Specific reporting requirements by category are listed below: Page 32 of 38 O-BJA-2023-171790 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 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. 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), and contact information for Grants.gov and 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). Page 33 of 38 O-BJA-2023-171790 Provide Feedback to OJP See the OJP Grant Application Resource Guide for information on how to provide feedback to OJP. Page 34 of 38 O-BJA-2023-171790 Application Checklist BJA FY 23 Edward Byrne Memorial Justice Assistance Grant Formula Program - Local Solicitation This application checklist has been created as an aid in developing an application. For more information, reference the OJP Application Submission Steps in the OJP Grant Application Resource Guide and the DOJ Application Submission Checklist. Pre-Application Before Registering in Grants.gov: . Acquire or renew your Entity's System Award Management (SAM) Registration Information (see OJP Grant Application Resource Guide) 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 - usiness Point of Contact - iz I (see OJP Grant Application Resource Guide) Find the Funding Opportunity • Search for the funding opportunity in Grants.gov using the opportunity number, assistance listing number, 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) Review the Overview of Post-Award Legal Requirements • Review the "Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2023 Awards" in the OJP Funding Resource Center. Review the Scope Requirement • The federal amount requested is within the allowable limit. See https://bia.oip.gov/ program/iaq/fy-2023-allocations. Review Eligibility Requirement: Review the Eligibility section on the cover page and Page 35 of 38 O-BJA-2023-171790 Eligibility Information section in the solicitation. Application Step 1 Submit the SF-424 and SF-LLL in Grants.gov • In Section 8F of the SF-424, include the name and contact information of the individual who will complete the application in JustGrants and the SF-LLL in Grants.gov • Submit Intergovernmental Review (if applicable) Within 48 hours after the SF-424 and SF-LLL submission in Grants.gov, receive four(4) Grants.gov email notifications: • a submission receipt • a validation receipt • a grantor agency retrieval receipt • an agency tracking number assignment If no Grants.gov receipt and validation email is received, or if error notifications are received: . Contact BJA or Grants.gov Customer Support Hotline at 800-518-4726, 606-545-5035, Grants.gov customer support, or support ,grants.gov regarding technical difficulties (see OJP Grant Application Resource Guide) Within 24 hours after receipt of confirmation emails from Grants.gov, the individual in Section 8F of the SF-424 will receive an email from JustGrants with login instructions. . Proceed to Application Step 2 and complete application in JustGrants Application Step 2 Submit the following information in JustGrants Application Components • Standard Applicant information (SF-424 information from Grants.gov) • Proposal Abstract • Proposal Narrative Budget and Associated Documentation • Budget Worksheet and 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 Page 36 of 38 O-BJA-2023-171790 Resource Guide) • Memorandum--o-f Understanding (if applicable) • FY23 JAG - Certifications and Assurances by the Chief Executive of the Applicant Government 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 an ter Responsibility Matters; Drug-Free Workplace Requirements; Law Enforcement and Community Policing (see OJP Grant Application Resource Guide) • Applicant Disclosure and Justification — DOJ Highis rantees (if applicable) (see OJP Grant Application Resource Guide) Review, Certify and Submit Application in JustGrants . Any validation errors will immediately display on screen after submission. . Correct validation errors, if necessary, and then return to the "Certify and Submit' screen to submit the application. Access the Application Submission Validation Errors Quick Reference Guide for step-by-step instructions to resolve errors prior to su mission. . Once the application is submitted and validated, a confirmation message will appear at the top of the page. Users will also receive a notification in the "bell" alerts confirming submission. If no JustGrants application submission confirmation email or validation is received, or if error notification is received: . Contact the JustGrants Service Desk at 833-872-5175 or JustGrants.Support(a-)usdoj.gov regarding technical difficulties. See the OJP Grant Application Resource Guide for additional information. Standard Solicitation Resources OJP Grant Application Resource Guide provides guidance to assist OJP grant applicants in preparing and submitting applications for OJP funding. DOJ Grants Financial Guide serves as the primary reference manual to assist award recipients in fulfilling their fiduciary responsibility to safeguard grant funds and to ensure funds are used for the purposes for which they were awarded. It compiles a variety of laws, rules and regulations that affect the financial and administrative management of DOJ awards. This guide serves as a starting point for all award recipients and subrecipients of DOJ grants and cooperative agreements in ensuring the effective day- to-day management of awards. Page 37 of 38 O-BJA-2023-171790 JustGrants Resources Website is an entryway into information about JustGrants and the grants management system itself. Through this portal both award recipients and applicants can access training resource and user support options, find frequently asked questions and sign-up for the JustGrants Update e-newsletter. JustGrants Application Submission Training Page offers helpful information and resources on the application process. This training page includes e-learning videos, reference guides, checklists and other resources to help applicants complete an application. Virtual Q&A Sessions are advertised here and provide opportunities for users to receive topic-specific training, direct technical assistance, and support on JustGrants system functionality. Page 38 of 38 O-BJA-2023-171790