HomeMy WebLinkAboutAgreement A-24-287 MOU with the City of Fresno.pdf MOU
Agreement No. 24-287
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INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FRESNO and COUNTY OF FRESNO
(ALL OF FRESNO COUNTY, STATE OF CALIFORNIA)
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
FY 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.
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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
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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
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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.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
Fresno County, California as of the day and year first hereinabove written.
CITY OF FRESNO COUNTY OF FRESNO
By. By:
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).
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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.
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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.
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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
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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
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This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Solicitation Title 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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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)-$13,000
The Fresno County Sheriff's Office is currently working towards NIBRS compliance with the
recent purchase and implementation of a new Computer Aided Dispatch/Records Management
System/Jail Management System. This new system will integrate with NIBRS reporting and start
the certification process through the State of California. They expect to be certified within the next
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BUDGET NARRATIVE
JAG 23
quarter.
Total Cost of FSO NIBRS Compliance-$-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
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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.
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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
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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
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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
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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.
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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,
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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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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:
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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).
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Provide Feedback to OJP
See the OJP Grant Application Resource Guide for information on how to provide
feedback to OJP.
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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
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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
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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.
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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.
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