HomeMy WebLinkAboutAgreement A-19-162 with the City of Fresno for JAG.pdfINTERLOCAL AGREEMENT
Agreement No. 19-162
DUNS #071887855
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 2018 LOCAL SOLICITATION
This Agreement, which incorporates Grant Management System Award Number 2018-
DJ-BX-0837 including Certifications and Assurances, is made and entered into this 9th day
of April , 2019, by and between the County of Fresno, acting by and through its
governing body, the County Board of Supervisors (hereinafter referred to as "COUNTY"), and
the City of Fresno, acting by and through its governing body, the City Council (hereinafter
referred to as "CITY"), all of Fresno County, State of California, witnesseth:
WHEREAS, this Agreement is made under the authority of Section 930 through 930 .6 of
the Government Code; and
WHEREAS, each governing body, in performing governmental functions or in paying for
the performance of governmental functions hereunder, shall make that performance or those
payments only from current Edward Byrne Memorial Justice Assistance Grant Program ("JAG")
revenues annually appropriated and available to that party; and
WHEREAS, each governing body finds that the performance of this Agreement is in the
best interests of all parties, that the undertaking will benefit the public, and that the division of
costs/allocation of funds fairly divides JAG funding and compensates the performing party for
the services or functions under this Agreement; and
WHEREAS , the County of Fresno is a disparate jurisdiction. Allocation amounts for
disparate jurisdictions appearing on the 2018 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 allocat ions and documenting
individual allocations in a Memorandum Of Understanding. The suggested allocation amounts
were as follows : the CITY an amount of $210 ,804, and the COUNTY an amount of $71,622; and
WHEREAS, jurisdictions certified as disparate must identify a fiscal agent that will submit
a joint application for the total eligible allocation and who will be responsible for oversight of
subawardee spending and monitoring of specific outcomes and benefits attributable to use of
funds , and up to 1 O 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 2018 JAG allocation noted above .
NOW THEREFORE, in consideration of the above recitals which are contractual in
nature, and of the mutual promises contained herein, the COUNTY and CITY agree as
follows:
Section 1.
The CITY and COUNTY have agreed that the CITY will act as Fiscal Agent for purposes
of the FY 2018 JAG. The CITY and COUNTY have agreed neither party will seek costs
associated with administering JAG funds . Contingent upon funding being available, CITY
DUNS #071887855
agrees to allocate funding to the COUNTY in the amount of $71 ,622 from the FY 2018 JAG
funds .
Section 2.
COUNTY and CITY agree to use funds for the JAG until expiration of the FY 2018 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 cla ims against
CITY other than claims for which liability may be imposed by the California Tort Claims Act.
Section 4.
Nothing in the performance of this Agreement shall impose any liability for claims against
COUNTY other than claims for which liability may be imposed by the California Tort Claims Act.
Section 5.
The CITY and COUNTY agree to comply with all requirements of the Edward Byrne
Memorial Justice Assistance Grant Program (42 U.S.C. 3751(a)), and in accordance with all
applicable statutes , regulations , Office of Management and Budget ("OMB ") Circulars , and
guidelines , including the OJP Financial Guide . The COUNTY agrees to provide the CITY , as
Fiscal Agent , with all required financial reporting within 30 days after the end of each quarter
and semi-annual programmatic reporting information no later than the 30 days following the end
of each six-month period , in a format approved by the CITY .
Section 6.
The parties are acting in an independent capacity . Each of the parties agrees that it ,
including any and all of its officers, agents , and/or employees , shall have absolutely no right to
employment rights and benefits available to the other party 's employees . Each party shall be
solely liable and responsible for providing to , or on behalf of, its own officers, agents , and/or
employees all legally and contractually required employee benefits . In addition, each party shall
be solely responsible and save the other party harmless from all matters relating to payment of
each party 's employees , including , but not limited to , compliance with appl icable social security
withholding and all other regulations governing such matters . Further and without limitation ,
each party to th is Agreement will be responsible for its own actions in providing services under
this Agreement and shall not be liable for any civil liability that may arise from the furnishing of
the services by the other party .
Section 7.
The parties to this Agreement do not intend for any third party to obtain a right by virtue
of this Agreement.
Section 8.
By entering into this Agreement , the parties do not intend to create any obligations
express or implied other than those set out herein . Further, this Agreement shall not create any
rights in any party not a signatory hereto .
Section 9.
Any and all notices between the parties provided for or permitted under this Agreement
or by law shall be in writing and shall be deemed duly served when personally delivered to each
2
DUNS #071887855
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 th is
Agreement.
Section 10.
Each party shall at any time during business hours , and as often as each party may
reasonably deem necessary , make available to each other for examination all of its records and
data with respect to the matters covered by this Agreement for a period of three years following
JAG expiration .
Section 11.
The provisions of this Agreement are severable . The invalidity , or unenforceability of
any one provision in this Agreement shall not affect the other provisions .
Section 12.
The parties acknowledge that this Agreement in its final form is the result of the
combined efforts of the parties and that , should any provision of this Agreement be found to be
ambiguous in any way , such ambiguity shall not be resolved by construing this Agreement in
favor of or against any party , but rather by construing the terms in accordance with the ir
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 ,
comm itments , writing , advertisements , publications , and understandings of any nature
whatsoever unless expressly included in this Agreement.
Section 14.
Each party represents that it and the person signing on its behalf has full authority to
execute and enter into this Agreement. This Agreement is subject to ratification by the approval
of the Fresno City Council , and the Fresno County Board of Supervisors .
Section 15 .
At the time that this MOU is executed , the DOJ explicitly represented that it was not
enforcing Award Conditions 41 , 42 , 43 , 45 , 46 , and 47 in relation to California jurisdictions .
COUNTY did not , and would not , enter into this MOU but for the DOJ's representations .
COUNTY executes this MOU under such representations by the DOJ and specifically reserves
the right to withdraw from this MOU , any terms or agreements related to this MOU , and any
agreement made pursuant to or related to this MOU , upon a decision or statement of intention
by the DOJ to enforce any one , some , or all , of Award Conditions 41 , 42 , 43 , 45 , 46 , and 47.
Section 16 .
COUNTY will perform its obligations under this MOU as required , and to the fullest extent
allowable under the laws of State of California and United States . COUNTY specifically reserves
the right to w ithdraw from this MOU , any terms or agreements related to th is MOU , and any
agreement made pursuant to or related to this MOU , upon any happening , interpretat ion or
discovery that any obligation , requirement , or other compelling force , requires COUNTY to violate
California Law.
3
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Edward Byrne Justice Assistance Grant Program FY 2018 Local Solicitation
Certifications and Assurances by the Chief Executive of the Applicant Government
On behalf of the applicant unit of local government named below, in support of that locality's application for an award under the
FY 2018 Edward Byrne Justice Assistance Grant ("JAG") Program, and further to 34 U .S .C. § 10153(a), I certify to the Office of
Justice Programs ("OJP"}, U .S . Department of Justice ("USDOJ"), that all of the following are true and correct:
1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make the
following representations on my own behalf as chief executive and on behalf of the applicant unit of local government. I
understand that these representations will be relied upon as material in any OJP decision to make an award , under the
application described above, to the applicant unit of local government.
2. I certify that no federal funds made available by the award (if any) that OJP makes based on the application described
above will be used to supplant local funds , but will be used to increase the amounts of such funds that would , in the absence
of federal funds , be made available for law enforcement activities .
3 . I assure that the application described above (and any amendment to that application) was submitted for review to the
governing body of the unit of local government (e .g., city council or county commission), or to an organization designated by
that governing body, not less than 30 days before the date of this certification .
4. I assure that , before the date of this certification-(a) the application described above (and any amendment to that
application) was made public; and (b) an opportunity to comment on that application (or amendment) was provided to citizens
and to neighborhood or community-based organizations , to the extent applicable law or established procedure made such an
opportunity available.
5. I assure that , for each fiscal year of the award (if any) that 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 . I have carefully reviewed 34 U.S.C . § 10153(a)(5}, and , with respect to the programs to be funded by the award (if any), I
hereby make the certification required by section 10153(a)(5}, as to each of the items specified therein.
7 . I ha\'e e*amineEI the certification entitleEI "State or Local Go\'ernment: FY 2018 Certification of Comf)liance
with 8 U .S.C. §§ 1373 & 1644" e*ecuteEI by the chief legal officer of the af)f)licant go\'ernment with resf)ect to the FY 2018
JAG f)rogram anEI submitteEI in SUf3f30rt of the af3f3lication ElescribeEI abo•.ie , anEI I certify that I ha\'e no reason to belie'.'e that
certification to be false or otherwise incorrect. (This f3FO\'ision is not af3f3licable to lnElian tribal go'.'ernment af3f3licants .)
8. I ha\'e e*amineEI the certification entitleEI "State or Local Go•.iernment: FY 2018 Certification Relating to 8
U .S.C . §§ 1226(a) & (c), 1231 (a), 1324(a), 1357(a), & 1366(1) & (3)" e*ecuteEI by the chief legal officer of the af3f3licant
go•.iernment with resf)ect to the FY 2018 JAG f)rogram anEI submitteEI in SUf3f30rt of the af)f)lication ElescribeEI abo•.ie , anEI I
certify that I ha\'e no reason to belie\'e that certification to be false or otherwise incorrect . (This f3rO'.'ision is not af3f3licable to
lnElian tribal go,..ernment af3f3licants .)
9 . Paragraphs 7 & 8 above are struck through as the DOJ publicly announced that it is not requiring the "State or Local
Government: FY 2018 Certification of Compliance with 8 U .S .C . §§ 1373 & 1644" or the "State or Local Government: FY 2018
Certification Relating to 8 U .S .C . §§ 1226(a) & (c), 1231(a), 1324(a), 1357(a), & 1366(1) & (3)" and so such are not being
executed at this time . It is , therefore , impossible to certify Paragraphs 7 & 8 .
Signature of Chief Executive of the Applicant Unit of
Local Government
Nathan Magsig
Printed Name of Chief Executive
Date of Certification
Chairman Board of Supervisors
Title of Chief Executive
ATTEST:
BERNICE E . SEIDEL =C ... ou_.n ... ty....._of ___ F __ r""'es=n""'o ________________________ Clerk of the Board of Supervisors
Name of Applicant Unit of Local Government county of Fresno , State of California
By ~ ~sbnp
Deputy
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
I. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Fresno 2600 Fresno Street Fresno, CA 93721-3620
2a. GRANTEE IRSNENDOR NO.
946000338
2b. GRANTEE DUNS NO.
071887855
3. PROJECT TITLE
FY I 8 Local JAG Program
12. SPECW, CONDITIONS
PAGE 1 OF 23 Grant
4. AWARD NUMBER: 20!8-DJ-BX-0837
5. PROJECT PERJOD: FROM
BUDGET PERJOD: FROM
6.AWARD DATE 11/16/2018
8. SUPPLEMENT NUMBER
00
9. PREVJOUS AW ARD AMOUNT
l 0. AMOUNT OF THIS AW ARD
11. TOTAL AWARD
10/0I12017 TO 09/30/2021
10/01/2017 TO 09/30/2021
?.ACTION
Initial
so
$282,426
$282,426
THE ABOVE GRANT PROIBCT IS APPROVED SUBIBCT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTI! ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORJTY FOR GRANT
This project is supported under FY18(BJA -JAG Smte & JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10!01 - 10726), including subpart I of part E (codified at 34 U.S.C. 10151 -10158); sec also 28 U.S.C. 530C(a)
14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.738 -Edward Byrne Memorial Justice Assistance Grant Program
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
Matt Dwnmennulh
Principal Deputy Assistant Attorney Genera.I
17. SIGNATURE OF APPROVING OFFICIAL
GRANTEE ACCEPTANCE
18. TYPED NAME AND TITLE OF AUTIIORlZED GRANTEE OFFICIAL
Wilma Quan-Scheeler City Manager
19. SIGNATURE OF AUTHORIZED RECJPIBNT OFFICIAL 19A. DATE
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICA T!ON CODES
FISCAL FUND BUD. DN. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 282426
OJP FORM 4000/2 (REV. S-87) PREVIOUS EDITTONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
21. TDJUGT0524
County. of Fre .snQ Sheriff-Corone,--Public Administrjor si��•
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U.S. Department of Justice
Office of Justice Programs
Burea.u of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0837
A WARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018
SPECIAL CONDITIONS
1.Requirements of the award; remedies for non-compliance or for materially false statements
PAGE 2 OF 23
The conditions of this award are material requirements of the award. Compliance with any certifications or assurances
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.
Failure to comply with any one or more of these award requirements --whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -may result in the Office of Justice Programs ("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 tenninate the award. The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U.S:C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision
shall first be applied witb 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, sucb provision shall be deemed severable from this award.
2.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 2018 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOI on December 26, 2014. If this FY 2018 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 2018 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("sabgrants"), see the OJP website at https://ojp.gov/funding/Part200UnifonnReq uirements.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. 200.333.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0837
A WARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018
SPECIAL CONDITIONS
3.Compliance with DOJ Grants Financial Guide
PAGE 3 OF 23
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 DOJGrants Financial Guide.
4.Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September I, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editoriallyreclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a
number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), includingmany 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 inmaterial incorporated by reference through award conditions, and references set out in other award requirements.
5. Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact {POC) and all Financial Points of Contact (FPOCs) 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 January I, 2016, will satisfythis condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC orFPOC must have successfully completed an "OJP financial management and grnnt administration training" by 120calendar days after--(I) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new
POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful
completion of such a training on or after January I, 20 I 6, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://www.ojp.gov/trairring/frnts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails tocomply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
6. Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de rninimis"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 200Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined
by the Part 200 Uniform Requirements.
C
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Fresno Sheriff-Coroner-Public Administrator Initial
DlP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2018-DJ-BX-0837 AWARD DATE 11/16/2018
SPECIAL CONDITIONS
7.Requirement to report potentially duplicative funding
PAGE 4 OF 23
lf the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federalfunds during the period of performance for this award, the recipient promptly must detennine 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 theidentical 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 DOJawarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to
eliminate any inappropriate duplication of funding.
8.Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),currently accessible at https://www .sam.gov/. This includes applicable requirements regarding registration with SAM,as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the
recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web sitea.t https://ojp.gov/funding/Explore/SAM.htrn (Award condition: System for Award Management (SAM) and Univen,al
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).
9.Requirement to report actual or imminent breach of personally identifiable information (Pll)
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" (0MB M-17-12) if it ( or a subrecipient)-1) creates, collects, uses, processes, stores,
maintains, disseminates, discloses, or disposes of"pen,onally identifiable information (PH)" (2 CFR 200.79) within thescope of an OJP grant-funded program or activity, or 2) uses or operates a "Federal information system" (0MBCircular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
10.All subawards ("sub grants") must have specific federal authorization
The recipient, and any subrecipient ("sub grantee") at any tier, must comply with all applicable requirements forauthorization of any subaward. This condition applies to agreements that --for pur:poses of federal grants
administrative requirements --OJP considers a "subaward" (and therefore does not consider a procurement"contra.ct").
The details of the requirement for authorization of any subaward are posted on the OJP web site athttps://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards (''subgrants") must have
specific federal authorization), and are incor:porated by reference here.
of Fresno Sheriff-Coroner-Public Administrator Initial
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROIECT NUMBER 20l8-DJ-BX-0837
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018
SPECIAL CONDITIONS
PAGE 5 OF 23
11. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed $150,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed theSimplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that --for pu!poses of
federal grants administrative requirements --OJP considers a procurement "contract" (and therefore does not considera subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract underan OJP award are posted on the OJP web site at https://ojp.gov/funding.,'Explore/NoncompetitiveProcurement.htrn
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed $150,000)), and are incoll)orated by reference here.
12.Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and
OJP authority to terminate award)
The recipient, and any suhrecipient ("suhgrantee") at any tier, must comply with all applicable requirements (includingrequirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on thepart of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees"
of the recipient or of any suhrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on theOJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Traffick:ing.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.
13.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, wbereapplicable) governing the use offederal 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").
14.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 rnust be provided to OJP in the manner (including within the timeframes) specified by OJP in the programsolicitation 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.
15.OJP Training Guiding Principles
Any training or training materials that the recipient --or any subrecipient ("suhgrantee") 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://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
OJP FORM 400012 (REV. 4-88)
�
of Fresno Sheriff-Coroner-Public Administrator Initial
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 20 l 8-DJ-BX-0837
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018
SPECIAL CONDITIONS
16.Effect of failure to address audit issues
PAGE 6 OF 23
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withholdaward 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.
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.Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part 42
The recipient, and any subrecipient ("sub grantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including any applicable requirements i.n Subpart E of 28 C.F.R. Part 42 that relate to anequal employment oppommity program.
19.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 28C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
20.Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part 38
The recipient, and any subrecipient ("suhgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries.
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 also sets out rules and requirements that pertain to recipient and subrecipient ("sub grantee") organizations that
engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and
subrecipients that are faith-based or religious organizations.
The text of the regulation, now entitled "Partnersh ips with Faith -Based and Other Neighborhood Organizations," is
available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgibin/ECFR?page=hrowse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current"
data.
County of Fresno Sheriff-Coroner-Public Administrator Initial
�f--------
O!P FORM 400012 {REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 20 I 8-DJ-BX-0837
A WARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018
SPECIAL CONDITIONS
21.Restrictions on "lobbying"
PAGE 7 OF 23
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 ag reement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending,
or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might
fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the
express prior written approval of OJP.
22.Compliance with general appropriations-law restrictions on the use of federal funds (FY 2018)
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, 2018, are set out at
https://ojp.gov/funding/Explore/FYl 8AppropriationsRestrictions.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.
23.Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
The recipient and any subrecipients ("subgrantees") must promptly refer to the DOI 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 --(I) submitted a claim that violates the False Claims Act; or (2)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the
OIG by--(!) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division,
1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact
information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
County of Fresno Sheriff-Coroner-Public Administrator Initial
��----
OJP FORM 4□00/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0837
AW ARD CONTINUATION
SHEET
Grant
AWARD DATE ll/16/2018
SPECIAL CONDITIONS
24.Restrictions and certifications regarding non-disclosure agreements and related matters
PAGE 8 OF 23
No recipient or subrecipient ("sub grantee") 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 investigat ive 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 applicab le 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 agre ements or statements from employeesor contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporti ng 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 executeagreements 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) suchobligations only if expressly authorized to do so by that agency.
2.If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or
both--
a. it represents that--
(!) 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, ifit 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 prohibitor 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 eutity, will provide prompt written notification to
the federal agency making this award, and will resume ( or permit resumption of) such obligations only if expresslyauthorized to do so by that agency.
fFresno Sheriff-Coroner-Public Administrator Initial
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNOMBER 2018-DJ-BX-0837
A WARD CONTINUATION
SHEET
Grant
AWAJIDDATE 11116/2018
SPECIAL CONDIITONS
25.Compliance with41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
PAGE 9 OF 23
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 II 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 oflaw, 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. 4 712 to this award, the recipient is tocontact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
26.Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrnntees") 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 decreasecrashes caused by distracted drivers.
27.Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside ofDOJ
If the recipient is designated "high risk" by a federal grant-making agency out�ide ofDOJ, 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.Compl ianceReporting@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 pastperformance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include
the following: I. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipientwas designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and
email address), and 4. Tb.e reasons for the high-risk status, as set out by the federal awarding agency.
28.Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, andprocedures, 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 e.nd/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
result in actions th.at affect the recipient's DOJ awards, including, but not limited to: withholdings and/or otherrestrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; desi gnation of the
recipient as a DOJ High Risk grantee; or termination of an award(s).
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AW ARD CONTINUATION
SHEET
PROJECTNUMBER 2018-DJ-BX-0837 AWARD DATE
SPECIAL CONDITIONS
29. FFATA reporting: Subawards and executive compensation
Grant
11/16/2018
PAGE 10 OF 23
The recipient must comply with applicable requirements to report fi11,t-tier subawards ("subgrants") of $25,000 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 ofrecipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFA TA), are posted
on the OJP web site at https://ojp.gov/funding/Explore/FF ATA.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 $25,000, 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).
30. Required mon itoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award
conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any
subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon
request, documentation of its policies and procedures for monitoring of subawards under this award.
31.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 eamings and expenditures both must be reported on the quarterly
Federal Financial Report, SF 425.
32.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.
33.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.
34. 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 Opernt111g 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. 1023 l(c)-(d). The recipient may not satisfy such 11 fine with federal funds.
Oll' FORM 4000/2 (REV. 4-88)
County of Fresno Sheriff-Coroner-Public Administrator Initial
�
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 20 I 8-DJ-BX-0837
AW ARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018
SPECIAL CONDITIONS
35.Protection of human research subjects
PAGE 11 OF 23
The recipient (and any subrecipient at any tier) must comply with the requirements of28 C.F.R. Part 46 and all OJP
policies and procedures regarding the protection of human research subjects, including obtainment of Ins titutional
Review Board approval, if appropriate, and subject informed consent.
36.Confid entiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. I 0231and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient furtheragrees, 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.
3 7. Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
38.Law enforcement task forces -required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds
who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank,must complete required online (internet-based) task force training. Additionally, all future task force members mustcomplete this training once during the period of performance for this award, or once every four years if multiple OJPawards 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 andaccountability. If award fund� are used to support a task force, the recipient must compile and maintain a task forcepersonnel roster, along with course completion certificates.
Additional information regarding the training is available through BJ A's web site and the Center for Task Force
Integrity and Leadership (www.ctfli.org).
39.Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
£�fFresno Sheriff-Coroner-Public Administrator Initial
\.._ I
OJP FORM 400012 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2018-DJ-BX-0837
A WARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018
SPECIAL CONDITIONS
40.Submission of eligible records relevant to the National Instant Background Check System
PAGE 12 OF 23
Consonant with federal statutes that pertain to firearms and background checks --including 18 U.S.C. 922 and 34U.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 InstantBackground 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 subreci pient, if applicable) must ensure that all such courtdispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS
are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and
accessed by) the NICS, and --when appropriate --promptly must update, correct, modify, or remove such NICS
relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent
monitoring of compliance with this condition (including suhrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.
4 I. Certification of Compliance with 8 U.S. C. 13 73 and 1644 (within the funded "program or activity") required for valid award acceptance by a local government
In order validly to accept this award, the applicant local government must submit the required "State or Local
Government: FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644" (executed by the chief legal officer
of the local government). Unless that executed certification either--(1) is submitted to OJP together with the fullyexecuted award document, or (2) is uploaded in OJP's GMS no later than the day the signed award document is
submitted to OJP, any submission by a local government that purports to accept the award is invalid.
If an initial award-acceptance submission by the recipient is invalid, once the local government does submit the necessary certification regarding 8 U.S.C. 1373 and 1644, it may submit a fully-executed award document executed by the local government on or after the date of that certification.
For purposes of this condition, "local government" does not include any Jndian tribe.
Fresno Sheriff-Coroner-Public Administrator Initial
OJP FORM 400012 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2018-DJ-BX-0837
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018
SPECIAL CONDITIONS
PAGE J3 OF 23
42. Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644;
ongoing compliance
1.With respect to the "program or activity" funded in whole or part under this award (including any such program or
activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity,agency, or -official may prohibit or in any way restrict--(]) any government entity or -official from sending or
receiving information regarding citizenship or immi gration status as described in 8 U.S.C. 1373(a); or (2) a governmententity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration
status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an"information-communication restriction" under this award.
2. Certifications from subrecipients. The recipient may not make a subaward to a State, a local government, or a
"public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and
1644, properly executed by the chieflegal officer of the government or educational institution that would receive thesubaward, using the appropriate fonn available at hnps://ojp.gov/funding/Explore/SarnpleCertifications-8USC13 73.htm.
Also, th e recipient must require that no subrecipient (at any tier) may make a further subaward to a State, a localgovernment, or a public institution of higher education, unless it first obtains a certification of compliance with 8
U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or institution that would receivethe further subaward, using the appropriate OJP form.
3.The recipient's monitoring responsibilities include monitoring ofsubrecipient compliance with the requirements ofthis condition.
4.Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To theextent 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) that the recipient, or any subrecipient at any tier that is a State, alocal government, or a public institution of higher education, incurs to implement this condition.
5.Rules of Construction
A. For purposes of this condition:
(I)"State" and "local government" include any agency or other entity thereof, but not any institution of highereducation or any Indian tribe.
(2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or
in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity,"and its officials to be "government officials.")
(3)"Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).
(4)"Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa.
(5) Pursuant'to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of
Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as
references to particular components of the Department of Homeland Security (DHS).
B.Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, anyState or local government, any public institution of higher education, or any other entity (or individual) to violate any
federal law, including any applicable civil rights or nondiscrimination law.
IMPORT ANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before
OJP FORM 4000/2 (REV. 4-88)
fFresno Sheriff-Coroner-Public Administrator Initial
U.S. Department ofJustice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2018-DJ-BX-0837
AW ARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018
SPECIAL CONDITIONS
award acceptance.
PAGE 14 OF 23
43.Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal
law enforcement (8 U.S.C. 1373 and 1644); unallowable costs; notification
1. If the recipient is a "State," a local government, or a "public" institution of higher education:
A. The recipient may not obligate award funds if, at tbe time of the obligation, the "program or activity" of the recipient
(or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is
funded in whole or in part with award funds is subject to any "information-communication restriction."
B.In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to
reimburse itself if --at the time it incurs such costs --the program or activity of the recipient (or of any subrecipient
at any tier that is a State, a local government, or a public institution of higher.education) that would be reimbursed inwhole or in part with award funds was subject to any information-communication restriction.
C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation
by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient
(regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the
award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforc ement: 8
U.S.C. 1373 and 1644 and ongoing compliance."
D.The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance
with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the
recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of highereducation, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a
subrecipient that is a State, a local government, or a public institution of higher education must require prompt
notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding aninformation-communication restriction.
2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher
education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program
or activity of the subrecipient (or of any funher such subrecipient at any tier) that is funded m whole or in part with
award funds is subject to any information-communication restriction.
3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling
circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor andtransitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of awardfunds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making anysuch determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligentmonitoring of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 1644
and ongoing compliance" award condition.
4. Rules of Constmction
A. For purposes of this condition "information-communication restriction" has the meaning set out in the"Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition.
B.Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and1644 and ongoing compliance" condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 20!8-DJ-BX-0837
AW ARD CONTINUATION
SHEET
Grant
AWARD DATE ll/J 6/2018
SPECIAL CONDITIONS
PAGE 15 OF 23
44.Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of
certain law enforcement sensitive information
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part} by the
award, as of the date the recipient accepl5 this award, and throughout the remainder of the period of performance. Its
provisions must be among those included in any subaward (at any tier).
1.Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8
U.S.C. 1324 and 18 U.S.C. chs. I, 49,227), no public disclosure may be made of any federal law enforcement
information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18
U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -
without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or I 072 or of 8 U.S.C. 1324(a}.
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 (e.g., training) designed to ensure compliance with this condition.
4.Rules of construction
A. For purposes ofthis condition--
(!) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101 (a)(3));
(2)the term "federal law enforcement information" means law enforcement sensitive information communicated or
made available, by the federal government, to a State or local government entity, -agency, or -official, through anymeans, including, without limitation--(I) through any database, (2) in connection with any law enforcement
partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4)
through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federallaw enforcement activity;
(3) the term "law enforcement sensitive information" means records or information compiled for any law enforcementpurpose; and
( 4) the term "public disclosure" means any comm unication or release other than one-(a) within the recipient, or (b) to
any subrecipient (at any tier) that is a government entity.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded
'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" awardcondition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0837
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11116no1s
SPECIAL CONDITIONS
PAGE 16 OF 23
45.Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain alieru
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this
award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for
the award. Its provisions must be among those included in any subaward (at any tier).
I.Noninterference with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations•· including 8 U.S.C. 1357(a), under which certain
federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States," and 8 C.F.R. 287.S(a), under which that power may be exereised
"anywhere in or outside the United States" --within the funded program or activity, no State or local government
entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose "interrogat[ing] any alien or person
believed to be an alien as to his [or her] right to be or to remain in the United States."
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the el<.tent that such costs are not reimbwsed under any other federal program, award funds may be obligated for the
reason able, necessary, and allocable costs (if any) of actions ( e.g., training) designed to ensure compliance with this condition.
4. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see 8U.S.C. 110 l (a)(3)).
(2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (see 34 U.S.C. 1025l(a)(7)).
(3)The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule,
or practice, that--
( a)is designed to prevent or to significantly delay or complicate, or
(b)has the effect of preventing or of significantly delaying or complicating.
B.Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded'program or activity') with federal Jaw enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" awardcondition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2 (REV, 4-88)
Coun
�
no Sheriff-Coroner-Public Administrator Initial
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0837
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018
SPECIAL CONDITIONS
PAGE 17 OF 23
46.Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the
award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Itsprovisions must be among those included in any suhaward at any tier.
I.Noninterference with "removal" process: Notice of scheduled release date and time
Consonant with federal law enforcement statutes --including 8 U.S.C. 1231 (for an alien incarcerated by a State or
local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the
federal government is expressly authorized to make payments to a "Slate or a political subdivision of the State ... with
respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report
to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") --within the funded program or activity, no State or local government entity, -agency, or -official (including a government-contracted correctional facility) may interfere
with the "removal" process by failing to provide - as early as practicable (see para. 4.C. below) --advance notice to DHS of the scheduled release date and time for a particular alien, ifa State or local government (or government
contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such
advance notice.
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 (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A.For pmposes of this condition:
(1) The term "alien" means what it means under section 101 of the INA (see 8 U.S.C. l 10l(a)(3)).
(2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of1968 (see 34 U.S.C. 1025l(a)(7)).
B. Nothing in this condition shall be Wlderstood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, or any other entity or individual to maintain ( or detain) any individual in custody beyond thedate and time the individual otherwise would have been released.
C.Applicability
(1)Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the
scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it
shall NOT be a violation of this condition to provide only as much advance notice a.� practicable.
(2)Current DHS practice is to use the same form for a second, distinct pmpose --to request that an individua l be
�-·------------------------------------------------�
OTP FORM 4000/2 (REV. 4-88)
fresno Sheriff-Coroner-Public Administrator Initial
\
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0837
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018
SPECIAL CONDITIONS
PAGE 18 OF 23
detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention.
D.Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" awardcondition are incorporated by reference as though set forth here in full.
4 7. Requirement to collect certain information from sub recipients
The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as
"Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and
Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent
with regular docwnent retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization,
or a private institution of higher education.
OJP FORM 4000/2 (REV. 4-88) sno Sheriff-Coroner-Public Administrator Initial
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0837
A WARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018
SPECIAL CONDITIONS
48.Compliance with National Environmental Policy Act and related statutes
PAGE 19 OF 23
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National
Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental
impact analyses requirements in the use of these award funds, either directly by the recipient or by a suhrecipient. 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 BJ A.
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
suhrecipient, 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 I 00-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 basicprior 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 anincidental 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 theidentification, 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 act ivities 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.
49.Establishment of trust fund
If award funds are being drawn down in advance, the recipient ( or a subrecipient, with respect to a subaward) isrequired 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 theEdward 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 atthe time of closeout.
OJP FORM 4000/2 (REV. 4-88)
esno Sheriff-Coroner-Public Administrator Initial
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AW ARD CONTINUATION
SHEET
PROJECT NUMBER 20!8-DJ-BX-0837 AWARD DATE
SPECIAL CONDITIONS
50.Prohibition on use of award funds for match under BVP program
Grant
11/1612018
PAGE 20 OF 23
JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
51.Certification of body armor "mandatory wear" policies
The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchasedwith funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed
certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab
resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from
this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy
other than it be a mandatory wear policy for all uniformed officers while on duty.
52.Body armor -compliance with NIJ standards and other requirements
Ballistic-resistant and stah-resistant body armor purchased with JAG award funds may be purchased at any threat
level, make or model, from any distributor or manufacturer, as long as the body annor has been tested and found tocomply with applicable National Institute of Justice hallistic or stab standards and is listed on the NU Compliant BodyArmor Model List (https://nij.gov/topics/technology/body-annor/Pages/compliant-ballistic-armor.aspx). In addition,ballistic-resistant and stab-resistant hody armor purchased must be made in the United States and must be uniquely
fitted, as set forth in 34 U.S.C. 10202(c)(l)(A). The latest NU standard infonnation can be found here: https:/ / nij.gov/topics/ technology/ body-armor/ pages/ safety-initiative.aspx.
53.Body armor -impact on eligibility for other program funds
The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for
funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJ A, pursuant to the
BVP statute at 34 USC 1053 l(c)(5).
54.Reporting requirements
The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through
OJP's GMS (bttps://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the GovernmentPerformance 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 suhmit quarterly performance metrics reports through BJ A's
Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information onreporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
55.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.
56.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 exi gent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.
OJP FORM 4000/2 (REV. 4-88) resno Sheriff-Coroner-Public Administrator Initial
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 20l8-DJ-BX-0837
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018
SPECIAL CONDITIONS
PAGE 21 OF 23
57.Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2017
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As ofthe first day of the period of performance for the award (October 1, 2017), 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 aminimum--(]) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are
removed by OJP (via a Grant Adjustment Notice). (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 "atrisk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburseitself 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 costsotherwise are allowable costs under the award.
Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use awardfunds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of
the State or local government) that federal funds will be used to increase the amounts of such funds that would, in theabsence of federal funds, be made available for law enforcement activities.
58.Use of funds for DNA testing; upload of DNA profiles
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 DNAlaboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-governmental DNA database withoutprior express written approval from BIA.
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.
59.Three percent set-aside for NIB RS compliance
The recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving fullcompliance with the FBI's National Incident-Based Reporting System (NIBRS), unless the FBI or appropriate State
official has certified that the recipient locality is already NIBRS compliant, and evidence of this has been submitted toand approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicatewhat projects will be supported by this 3 percent set-aside, unless evidence ofNIBRS compliance has been submitted
to and approved by BJA. Recipients serving as fiscal agents for "disparate jurisdictions," (as defined at 34 USC
10156(d)( 4)) have to pass this requirement through to in subawards to other localities in the disparate jurisdiction, sothat each locality in a di sparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance,unless, with respect to each locality in the disparate jurisdiction group, evidence ofNIBRS compliance has been
suhrnitted to and approved by BJA.
OJP FORM 4000/2 (REV. 4-88)
County of Fresno Sheriff-Coroner-Public Administrator Initial
�
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
PROJECTNUMBER 2018-DJ-BX-0837 AWAJUJDATE
SPECIAL CONDITIONS
60.Encouragement of submission of "success stories"
Grant
11/16/2018
PAGE 22 OF 23
BJA strongly encourages the recipient to submit annual ( or more frequent) JAG success stories. To submit a success
story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If
tbe recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an
option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA SuccessStory web page at bttps:/ / www.bja.gov/ Succ essStoryList.aspx.
61.Withholding of funds: Required certification from the chief executive of the applicant government
The recipient may not obligate, 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 a Grant Adjustment Notice (GAN) has been issued to remove this condition.
62.Withholding of funds: Expenditures that are prohibited absent aDOJ certification of extraordinary and exigentcircumstances
The recipient may not obligate, expend, or draw down any award funds until--(1) OJP bas reviewed and approved the
recipient's request to utilize award funds to purchase or acquire an item ( or items) that only may be purchased/ acquiredif and when DOJ makes a particular certification, and (2) a Grant Adjustment Notice (GAN) has been issued to remove
this condition. Pursuant to statute, award funds may not be used for certain items ("matters") unless and until DOJmakes a certificat ion that "extraordinary and exigent circumstances exist that make the use of [ award funds for such
items/ matters] essential to the maintenance of public safety and good order." The items/ matters that are prohibitedexpenditures absent such a DOJ certification are set out at 34 U.S.C. 10152.
63. Withholding of funds: Required certification regarding body armor
The recipient may not obligate, expend or draw down any award funds until the recipient submits, and OJP has
reviewed, the required certification regarding body armor, and a Grant Adjustment Notice (GAN) has been issued to remove this condition.
64.Withholding of funds: Memorandum of Understanding
The recipient may not obligate, expend, or draw down any award funds until OJP has reviewed and approved theMemorandum of Understanding (MOU), and a Grant Adjustment Notice (GAN) bas been issued to remove thiscondition.
65.The recipient agrees promptly to provide, upon request, financial or program matic-related documentation related tothis award, including documentation of expenditures and achievements.
66.The recipient understands that it will be su'oject to additional financial and programmatic on-site monitoring, whichmay be on short notice, and agrees that it will cooperate with any such monitoring.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2018-DJ-BX-0837
A WARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018
SPECIAL CONDITIONS
PAGE 23 OF 23
67.High risk: Withholding -Completion of"OJP financial management and grant administration training" required
The recipient may not obligate, expend, or draw down funds under this award witil-- ( 1) OJP determines that the
recipient's Point of Contact (POC) and all Financial Points of Contact (FPO Cs) for this award have successfully
completed an "OJP financial management and grant administration training" on or after January I, 2016, and (2) OJP
issues a Grant Adjustment Notice (GAN) to modify or remove this special condition.
Once both the POC and all FPOCs have successfully completed the training required by this condition, the recipient
may contact the designated grant manager for the award to request initiation of a GAN to remove this condition.
A list of the OJP trainings that OJP will consider an "OJP financial management and grant administration training" for
purposes of this condition is available at https://ojp.gov/training/fints.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
68.Withholding of funds: NIBRS set-aside
The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and BJA reviews
and accepts, a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance
activities or documentation showing that the recipient has been certified as NIBRS compliant, and a Grant Adjustment
Notice (GAN) has been issued to remove this condition.
69.Withholding of funds: Budget narrative or information
The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews
and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) bas
been issued to remove this condition.
70.Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice
Programs has received and approved the required application attachment(s) and has issued a Grant Adjustment Notice
(GAN) releasing this special condition.
OJP FORM 400012 (REV. 4-88)
sno Sheriff-Coroner-Public Administrator Initiel
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20.531
Memorandum To: Official Grant File
From: Orbin Terry, NEPA Coordinator
Subject-: Incorporates NEPA Compliance in Further Developmental Stages for City of Fresno
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of
which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA
and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds
are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of
the specified activities, the grantee must first determine if any of the specified activities will be funded by the
grant.
The specified activities requiring environmental analysis are:
a.New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a
property listed on or eligible for listing on the National Register of Historic Places;
c.A renovation, lease, or any proposed use of a building or facility that will either ( a) result in a change in its basic
prior use or (b) si gnificantly change its size;
d.Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as
an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and
e.Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental
Impact Statement, as directed by BJA. Further, for programs relating to methamphetarnine laboratory operations,
the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan
requirements, please see https :/ /www .bja.gov/Funding/nepa.html.
Please be sure to carefully review the grant conditions on your award document, as it may contain more specific
information about environmental compliance.
� U.S. Department of Justice GRANT MANAGER'S MEMORANDUM, PT. I: --�Office of Justice Programs A��
PROJECT SUMMARY \ �) ) Bureau of Justice Assistance .. Grant
PROJECT NUMBER
2018-DJ-BX-0837 PAGE I OF
This project is supported under FYl8(BJA-JAG State & JAG Local) Tille I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101 - 10726), including
subpart I of part E (codified at 34 U.S.C. 10151 -10158); see also 28 U.S.C. 530C(a)
l. STAFF CONTACT (Name & telephone nwnber) 2. PROJECT DIRECTOR (Name, address & telephone number)
Linda Hill-Franklin Courtney Espinoza
(202) 514-0712 Business Manager
PO Box 1271
Fresno, CA 93715-1271
(559) 621-2305
3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS
BJA FY 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Progr,,m -Local Solicitation ON REVERSE)
4. TITLE OF PROJECT
FY 18 Local JAG Program
S. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE
City of Fresno
2600 Fresno Stieet
Fresno, CA 93721-3620
7. PROGRAM PERIOD 8. BUDGET PERIOD
FROM: 10/01/2017 TO: 09/30/2021 FROM: I0/01/2017 TO: 09/30/2021
9. AMOUNT OF AWARD JO. DATE OF AWARD
$ 282.426 11/16/2018
II. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNr
13. TIIIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNr
IS. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units oflocal governmen� including lribes, to support a broad range of
criminal justice related activities based on their own state and local needs and con ditions. Grant funds can be used for state and local initiatives, technical assistance,
training. personnel, equipmen� supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose
areas: I) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs;
5) drug treatment and enforcement programs; 6) planning, evaluation. and technology improvement programs; 7) crime victim and witness programs {other than
compensation); and 8) mental health programs and related law enforcement end correction., programs, including behavioral programs and crisis intervention teams.
This Local JAG award will be shared by the County aod one or more jurisdictions identified as disparate within the current Fiscal Year eligibility list
(www.bja.gov/Jag). JAG funding will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Any
OJP FORM 4000/2 (REV. 4-88)