Loading...
HomeMy WebLinkAboutCAG2024-187 - Original - Seattle Police Department - 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - 10/01/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Sara Wood Police Date Sent: Date Required: 0 04/18/2024 4/25/2024 Q Mayor or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website N/A Budget Account Number: Grant? Yes[Z] NoE] Budget?�✓ Yes[:]NO Type: Federal Vendor Name: Category: Seatte PD Grant: Non-Real Property Vendor Number: Sub-Category: Original 0 • Project Name: 2023 JAG Grant OProject Details: We had to process a budget change and change of scope from spending the 2023 `~ JAG funds on the CILEP program to funding the staffing analysis at the Kent City C *, Jail and purchasing rifle plates for patrol. The total grant award is $51,707. C (11.111 Basis for Selection of Contractor: Agreement Amount: 51,707 Interlocal Agreement Memo to Mayor must be attached Start Date: J10/1/202 3 Termination Date: 9/30/2026 a Local Business? Yes PINo*if meets requirements perKCC3.70.100,pleasecomplete"VendorPurchase-LocalExceptions"formonCityspace. Business License Verification: �✓ Yes In-Process F1 Exempt(KCC 5.01.045) FlAuthorized Signer Verified Notice required prior to disclosure? Contract Number: Yes ✓❑No CAG2024-187 Comments: 4/19/24 - please return a copy of the fully executed agreement to the City Clerk's Office once it's been received. M.M. � c IM }. 3 0 a Date Received:City Attorney: 4/18/24 Date Routed:Mayor's Office 4/18/24 City Clerk's Office 4/19/24 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 Memorandum of Understanding -Contract Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2023 Local Solicitation Executed by City of Seattle Department Authorized Representative: Tai Yin 610 5th Avenue PO Box 34986 Seattle,WA 98124-4986 and City of Kent,UEl GALJSHRB2EM6,hereinafter referred to as "Subrecipient" JAG Grant Manager: Sara Wood 220 4thAve S Kent,WA 98032-5838 24-00382 Kent FY23 JAG MOU Contract Page 1 of 32 IN WITNESS WHEREOF,the parties have executed this Agreement by having their representatives affix their signatures below. City of Kent City of Seattle 04/18/2024 Brian Maxey(M��2024 15:53 PDT) Dana Ralph,Mayor Date Brian Maxey, Chief Operating Officer Date Seattle Police Department Authorized by: Edward Byrne Memorial Justice Assistance Grant(JAG)Program WHEREAS,the justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions; and WHEREAS,the JAG Program supports all components of the criminal justice system,from multi-jurisdictional drug and gang task forces to crime prevention and domestic violence programs,courts,corrections,treatment,and justice information sharing initiatives; and WHEREAS,the United States Congress authorized$918,880.00 in the Justice Assistance Grant (JAG) Program for jurisdictions in King County; and WHEREAS, 13 jurisdictions in King County were required to apply for a JAG Program award with a single,joint application; and WHEREAS,the City of Seattle ("City"),as the identified Fiscal Agent,had DOJ submit the joint application to the Bureau of Justice Assistance on Aug 29, 2023 to request JAG Program funds; and WHEREAS,based on the City's successful application,the Bureau of justice Assistance has awarded $918,880.00 to the City from these JAG Program funds; and WHEREAS,pursuant to the terms of the grant whereby the City,as the identified Fiscal Agent for this award, is to distribute grant funds to co-applicants,the City intends to transfer some of the JAG funds it receives to those co-applicants; and WHEREAS,the City is not obligated to continue or maintain grant funding levels for the JAG Program once grant funds have lapsed; and WHEREAS,Subrecipients of JAG funds from the City should not anticipate the City will assume responsibility for any program costs funded by JAG once JAG funds are spent; 24-00382 Kent FY23 JAG MOU Contract Page 2 of 32 NOW THEREFORE,the parties hereto agree as follows: This Interagency Agreement contains seven Articles: ARTICLE I: TERM OF AGREEMENT The term of this Interagency Agreement shall be in effect from the date it is executed,until September 30,2026, unless terminated earlier pursuant to the provisions hereof. ARTICLE II: DESCRIPTION OF SERVICES The services to be performed under this Agreement shall be conducted for the stated purposes of the Byrne Memorial Justice Assistance Grant UAG) Program (42 U.S.C. 3751(a.) The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions.The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement; prosecution and court programs; prevention and education programs; corrections and community corrections; drug treatment and enforcement; crime victim and witness initiatives;and planning, evaluation,and technology improvement programs. ARTICLE III: SPECIAL CONDITIONS 1. Funds are provided by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance solely for the purpose of furthering the stated objectives of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program.The Subrecipient shall use the funds to perform tasks as described in the Scope of Work portion of this Agreement. 2. The Subrecipient acknowledges that because this Agreement involves federal funding, the period of performance described herein will likely begin prior to the City's receipt of appropriated federal funds.The Subrecipient agrees that it will not hold the City or the Department of Justice liable for any damages,claim for reimbursement,or any type of payment whatsoever for services performed under this Agreement prior to the City's receipt and distribution of federal funds. 3. This contract is funded with federal grant funds under CFDA 16.738. The grant is FY 2023 Justice Assistance Grant Program Award #15PBJA-23-GG-03918-JAGX. All federal financial and grant management rules and regulations must be adhered to in the execution of this contract. Exhibit Attachment A is a copy of the federal award documents.All special conditions stated in the award documents apply to the execution of this contract. All Subrecipients are assumed to have read,understood, and accepted the Award as binding. 4. The Subrecipient acknowledges that all allocations and use of funds under this agreement will be in accordance with the Edward Byrne Memorial Justice Assistance Grant (JAG) Program: FY 2023 Local Solicitation.Allocation and use of grant funding must be coordinated with the goals and objectives included in the Local Solicitation.All Subrecipients are assumed to have read,understood, and accepted the Local Solicitation as binding. 24-00382 Kent FY23 JAG MOU Contract Page 3 of 32 5. Subrecipient agrees to obtain a valid UEI profile and create an active registration with the Central Contractor Registration (CCR) database no later than the due date of the Subrecipient's first quarterly report after a subaward is made. 6. The Subrecipient shall comply with all applicable laws, regulations,and program guidance. The Uniform Administrative Requirements, Cost Principles,and Audit Requirements in 2 C.F.R. Part 200,as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R Part 2800 (together,the"Part 200 Uniform Requirements") apply to this 2020 award from the Office of justice Programs (OJP). 7. The Subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principals, and Audit Requirements. a. Non-Federal entities that expend$750,000 or more in one fiscal year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the Office of Management and Budget (OMB) Circular A-133- Audits of States, Local Governments,and non-Profit Organizations. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No.A-133,but records must be available for review or audit by appropriate officials of the Federal agency,pass-through entity,and General Accounting Office (GAO). b. Subrecipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS),as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying the Washington State Auditor's Office and requesting an audit. c. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub-recipients also maintain auditable records. d. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report submitted to the Seattle Police Department. The Subrecipient must respond to requests for information or corrective action concerning audit issues or findings within 30 days of the date of request.The City reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. e. If applicable,once any single audit has been completed,the Subrecipient must send a full copy of the audit to the City and a letter stating there were no findings, or if there were findings,the letter should provide a list of the findings. The Subrecipient must send the audit and the letter no later than nine months after the end of the Subrecipient's fiscal year(s) to: 24-00382 Kent FY23 JAG MOU Contract Page 4 of 32 Tai Yin,JAG Program Manager Seattle Police Department 610 Sth Avenue PO Box 34986 Seattle,WA 98124-4986 206-233-3722 Tai.Yin@seattle.gov f. In addition to sending a copy of the audit,the Subrecipient must include a corrective action plan for any audit findings and a copy of the management letter if one was received.The Subrecipient shall include the above audit requirements in any subcontracts. g. The Subrecipient agrees to cooperate with any assessments,national evaluation efforts, or information or data Collection requirements, including,but not limited to,the provision of any information required for assessment or evaluation of activities within this agreement,and for compliance BJA reporting requirements. h. Suspension and Debarment: The Subrecipient certifies that neither it nor its principals are presently debarred,suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participating in transactions by any Federal department or agency. By signing and submitting this Agreement,the Subrecipient is providing the signed certification set out below. The certification this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Subrecipient rendered an erroneous certification, the Federal Government and City may pursue available remedies,including termination and/or debarment. The Subrecipient shall provide immediate written notice to the City if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The Subrecipient agrees by signing this Agreement that it shall not enter into any covered transaction with a person or subcontractor who is debarred,suspended, proposed for debarment,declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized in writing by the City. The Subrecipient shall include the requirement in this section in any subcontracts. ARTICLE IV: SCOPE OF WORK The Scope of Work of this Agreement and the time schedule for completion of such work is as described in Attachment B:JAG Budget Worksheet,as approved by BJA.Attachment B is attached to and made part of this agreement. The work shall,at all times,be subject to the City's general review and approval.The Subrecipient shall confer with the City periodically during the progress of the Work, and shall prepare and present such information and materials (e.g. a detailed outline of 24-00382 Kent FY23 JAG MOU Contract Page 5 of 32 completed work) as may be pertinent, necessary,or requested by the City or BJA to determine the adequacy of the Work or Subrecipient's progress. ARTICLE V: PAYMENT 1. Compensation The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this Agreement cannot exceed$51,707.00. The Subrecipient shall incur authorized allowable expenses in accordance with the Project Budget, as detailed in Attachment B. The Subrecipient may request additional reimbursement up to the amount of interest accrued on their portion of the grant award.The City will provide quarterly statements to the Subrecipient, once the interest balance accrued equals at least$1,000. Reimbursements will not be made for interest accrued that is less than $1,000. Reimbursements can be requested,up to the total amount of interest accrued,after the initial quarterly statement has been sent,to perform tasks in accordance with the Project Budget,as detailed in Attachment B. No travel or subsistence costs,including lodging and meals,reimbursed with federal funds may exceed federal maximum rates,which can be found at: http://www.gsa.gov. 2. Manner of Payment The Subrecipient shall submit reimbursement requests not more than monthly,and at least quarterly.After the first quarter,monthly submission is preferred. Requests are due no later than 30 days after the end of the period in which the work was performed. Reimbursement request forms are provided. Substitute forms are acceptable. With each reimbursement request,the Subrecipient shall submit: ■ Detailed spreadsheet of expenditures by task and related financial documents (timesheets, invoices) ■ These documents and invoices must be kept on file by the Subrecipient and be made available upon request by the City or to state or federal auditors,for at least six years after the closure of the grant. Reimbursement will not be processed without accompanying documentation for the corresponding costs. Once the above conditions are met,payment shall be made by the City to the Subrecipient. 24-00382 Kent FY23 JAG MOU Contract Wage 6 of 32 Deliver all invoices and invoice/billing invoice/billing notices under this Agreement to: To the Seattle Police De artment: To the Subreci Tent: Seattle Police Department Sarah Wood Attn: Fiscal Office Community Education Coordinator PO Box 34986 220 Fourth Avenue South Seattle,WA 98124-4986 Kent,WA 98032 spdal2Pseattle.gov I swood kentwa. ov 3. Funding Source FEDERAL AWARD INFORMATION GRANT AWARD TITLE: 16.738 BJA FY23 Edward Byrne Memorial Justice Assistance Grant JAG Program FEDERAL AWARD ID # SUBRECIPIENT NAME FUNDS OBLIGATED FOR UEI NUMBER THIS AGREEMENT 15PBJA-23-GG-03918-JAGX City of Kent $51,707.00 GALJSHRB2EM6 SUBAWARD PERIOD OF SUBAWARD PERIOD OF FEDERAL AWARD DATE PERFORMANCE START PERFORMANCE END DATE DATE 09/25/2023 01/01/2024 09/30/2026 TOTAL GRANT AWARD SUBAWARD BUDGET SUBAWARD BUDGET COMMITTED TO THIS PERIOD START DATE PERIOD END DATE ENTITY $51,707.00 01/01/2024 09/30/2026 TOTAL FEDERAL FUNDS RESEARCH& OBLIGATED TO THIS DEVELOPMENT INDIRECT COST RATE ENTITY $143,949.00 N N FEDERAL AWARDING PASS-THROUGH ENTITY PASS-THROUGH AGENCY AWARDING OFFICIAL BJA Seattle Police Department Brian G Maxey Seattle, City oo I brian.maxe seattle. ov AWARD PROJECT DESCRIPTION: The City of Seattle,as the identified fiscal agent,submits this joint application on behalf of the City of Seattle and surrounding jurisdictions.This joint application represents the highest priorities for the participating jurisdictions for preserving and supporting a variety of law enforcement programs aimed at preventing and reducing crime,providing services to victims,purchasing much needed law enforcement and investigative equipment,enhancing law enforcement training and officer safety, implementing community-based programs, providing law enforcement overtime,and streamlining and augmenting technology systems. In the attached application,participating jurisdictions outlined their projects, including goals and objectives,and specifically how their projects will help further one or more of the general purposes of the Edward Byrne Memorial Justice Assistance Grant JAG Program. 24-00382 Kent FY23 JAG MOU Contract Page 7 of 32 Each jurisdiction outlines how their individual project meets these purpose areas,and how I they will collect and track performance measure data. ARTICLE VI. COOPERATION IN MONITORING AND EVALUATION 1. SPD Responsibilities: SPD shall monitor,evaluate and provide guidance and direction to Subrecipient in the conduct of Approved Services performed under this Agreement. SPD has the responsibility to determine whether Subrecipient has spent funds in accordance with applicable laws,regulations, including the federal audit requirements and agreements and shall monitor the activities of Subrecipient to ensure that Subrecipient has met such requirements. SPD may require Subrecipient to take corrective action if deficiencies are found. SPD will not monitor Subrecipient's adherence to Special Conditions 31-41 and 70 in the Grant Award and Special Conditions documents. 2. Subrecipient Responsibilities. a. Subrecipient shall permit SPD to carry out monitoring and evaluation activities, including any performance measurement system required by applicable law, regulation,funding sources guidelines or by the terms and conditions of the applicable Notice of Prime Award,and Subrecipient agrees to ensure,to the greatest extent possible,the cooperation of its agents,employees and board members in such monitoring and evaluation efforts. This provision shall survive the expiration or termination of this Agreement. b. Subrecipient shall cooperate fully with any reviews or audits of the activities under this Agreement by authorized representatives of SPD, DOJ,the U.S. Government Accountability Office or the Comptroller General of the United States and Subrecipient agrees to ensure to the extent possible the cooperation of its agents, employees and board members in any such reviews and audits. This provision shall survive the expiration or termination of this Agreement. ARTICLE VII: AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement,by mutual agreement. AGENCY CONTACTS Contact between the Parties regarding Agreement administration will be between the representatives of each party or their designee as follows: City of Kent Seattle Police Department Name: Sara Wood Name: Tai Yin Phone: 253-856-5856 Phone: 206-233-3722 Email; SWood@kentwa.gov Email: Tai.Yin@seattle.gov 24-00382 Kent FY23 JAG MOU Contract Page 8 of 32 Attachment A Department of Justice (DOJ) • Office of Justice Programs i Bureau of Justice Assistance Washington, D.C. 20531 Name and Address of Recipient: SEATTLE, CITY OF 610 5TH AVE City,State and Zip: SEATTLE,WA 98104 Recipient UEI: RGJ5CPK2YHK1 Proj;ectTitle:City of Seattle Joint Award Number: 15PBJA-23-GG-03918-JAGX Application for FY23 JAG Funds Solicitation Title: BJA FY 23 Edward Byrne Memorial Justice Assistance Grant(JAG) Program -Local Solicitation Federal Award Amount: $918,880.00 Federal Award Date: 9/25123 Awarding Agency: Office of Justice Programs Bureau of Justice Assistance Funding Instrument Type: Grant Opportunity Category: D Assistance Listing: 16.738-Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 1011/22 Project Period End Date: 9/30/26 Budget Period Start Date: 10/1/22 Budget Period End Date:9/30126 Project Description: The City of Seattle, as the identified fiscal agent, submits this joint application on behalf of the City of Seattle and surrounding jurisdictions. This joint application represents the highest priorities for the participating jurisdictions for preserving and supporting a variety of law enforcement programs aimed at preventing and reducing crime, providing :,services to victims, purchasing much needed law enforcement and investigative equipment, enhancing law enforcement training and officer safety, implementing community-based programs, providing law enforcement overtime, and streamlining and augmenting technology systems. In the attached application, participating jurisdictions outlined their projects, including goals and objectives, and specifically how their projects will help further one or more of the general purposes of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Each jurisdiction outlines how their individual project meets these purpose areas, and how they will collect and track performance measure data. 24-00382 Kent FY23 JAG MOU Contract Page 9 of 32 Award Letter September25,2023 Dear Adrian Diaz, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by SEATTLE, CITY OF for an award under the funding opportunity entitled 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant(JAG) Program -Local Solicitation. The approved award amount is$918,880. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer(Award Information, Project Information, Financial Information, and Award Conditions)and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but .also compliance with assurances and certifications that relate to conduct during the period of performance for the 'award.These requirements encompass financial, administrative,and programmatic matters,as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if `you haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process. Congratulations, and we look forward to working with you. Maureen Henneberg Deputy Assistant Attorney General Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services(COPS), and the Office on Violence Against Women(OVW)are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/ Explore/LegalOverview/CivilRightsRequirements.htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. 24-00382 Kent FY23.TAG MOU Contract Page 10 of 32 These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that .meet equal-opportunity standards. .If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional 'Obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal ;Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination .responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. Memorandum Regarding NEPA ;N EPA Letter Type OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local ,governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG :funding must assist BJA in complying with NEPA and other related federal environmental impact ;analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.? Accordingly,?prior to obligating?funds for any of the specified activities, the grantee must first determine if any of the specified activities will be?funded by the :grant. ?The specified activities requiring environmental analysis are: a. New construction; 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; ? A renovation, lease, or any proposed use of a building or facility that will either(a)result in a ;change in its basic prior use or(b) significantly change its size; ? 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 '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 24-00382 Kent FY23 JAG MOU Contract Page 1 l of 32 methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation flan requirements, please see https://www.bia. ov/ Fundin,g/nepa.html. NEPA Coordinator First Name Last Name Orbin Middle Name Terr y Award Information This award is offered subject to the conditions or limitations set forth in the Award Information,Project Information, Financial Information,and Award Conditions. Recipient Information Recipient Name SEATTLE, CITY OF UEI RGJ5CPK2YHK1 Street i 610 5TH AVE Street 2 City State/U.S. Territory SEATTLE Washington Zip/Postal Code Country 98104 United States County/Parish Province Award Details Federal Award Date Award Type 9/25/23 Initial Award Number Supplement Number 15PBJA-23-GG-03918-JAGX 00 Federal Award Amount Funding Instrument Type $918,880.00 Grant Assistance Listing Assistance Listings Program Title Number 16.738 Edward Byrne Memorial Justice Assistance Grant Program 24-00382 Kent FY23 JAG MOU Contract Page 12 of 32 Statutory Authority Title I of Public Law 90-351 (generally codified at 34 U.S.C. 1 01 01-1 0726), including subpart 1 of part E(codified at 34 U.S.C. 1 01 5 1-1 01 58); see also 28 U.S.C. 530C(a) [XI 1 have read and understand the information presented in this section of the Federal Award Instrument. Project Information This award is offered subject to the conditions or limitations set forth in the Award Information,Project Information, Financial Information, and Award Conditions. Solicitation Title Awarding Agency OR 2023 BJA FY 23 Edward Byrne Memorial Justice .,Assistance Grant (JAG) Program - Local Solicitation Program Office BJA Application Number GRANT 13934494 Grant Manager Name Jeffrey Felten-Green Phone Number 202-598-7452 E-mail Address Jeffrey.Felten-Green@usdoj.gov Project Title City of Seattle Joint Application for FY23 JAG Funds Performance Period Start Date Performance Period End Date 10/01/2022 09/30/2026 Budget Period Start Date Budget Period End Date 10/01/2022 09/30/2026 Project Description The City of Seattle, as the identified fiscal agent, submits this joint application on behalf of the City of Seattle and surrounding jurisdictions. This joint application represents the highest priorities for the participating jurisdictions for preserving and supporting a variety of law enforcement programs aimed at preventing and reducing crime, providing services to victims, purchasing much needed law enforcement and investigative equipment, enhancing law enforcement training and officer safety, implementing community-based programs, providing law enforcement overtime, and streamlining and augmenting technology systems. In the attached application, participating jurisdictions outlined their projects, including goals and objectives, and specifically how their projects will help further one or more of the general purposes of the Edward Byrne Memorial Justice Assistance Grant(JAG) Program. Each jurisdiction outlines how their individual project meets these purpose areas, and how they will collect and track performance measure data. [Xj I have read and understand the information presented in this section of the Federal Award Instrument. 24-00382 Kent FY23 JAG MOU Contract Page 13 of 32 Financial Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. [X] I have read and understand the information presented in this section of the Federal Award Instrument. Award Conditions This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 1 Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, "Advancing Effective,Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient("subgrantee°) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the"controlled equipment" list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment(Award condition: Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards),and are incorporated by reference here. 2 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R. Part 54 The recipient, and any subrecipient("subgrantee")at any tier, must comply with all applicable requirements of28 C.F.R. Part 54,which relates to nondiscrimination on the basis of sex in certain "education programs." 3 Compliance with 41 U.S.C.4712(including prohibitions on reprisal; notice to employees) The recipient(and any subrecipient at any tier)must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to 'contact the DOJ awarding agency (OJP or OVW, as appropriate)for guidance. 4 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles,and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the"Part 200 Uniform Requirements") apply to this FY 24-00382 Kent FY23 JAG MOU Contract Page 14 of 32 2022 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number(e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award)that are obligated on or after the acceptance date of this FY 2022 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https:/Iojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient(and any subrecipient("subgrantee")at 'any tier) must retain --typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies --and to which the recipient(and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334, In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the ,recipient is to contact OJP promptly for clarification. 5 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where 'applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ), including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide(currently, as section 3.10 of"Postaward Requirements"in the"DOJ Grants Financial Guide"). 6 Requirement for data on performance and effectiveness underthe award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner(including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 7 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently,the"DOJ Grants Financial Guide"available at https://olp.govffinancialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 8 Compliance with general appropriations-law restrictions on the use of federal funds(FY 2022) The recipient,and any subrecipient(°subgrantee")at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various"general provisions" in the Consolidated Appropriations Act, 2022, are set out at https:/twww.ojp.gov/funding/Explore/ FY22AppropriationsRestrictions.htm, and are incorporated by reference here. 24-00382 Kent FY23 JAG MOU Contract Page 15 of 32 Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part 38 :The recipient, and any subrecipient("subgrantee")at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38(as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee")organizations thatengage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. 'The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations(currently accessible at https:/ 1www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration,Chapter 1, Part 38, under e-CFR "current"data. 10 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds,or may impose other related requirements, if(as determined by the DOJ awarding agency)the recipient :does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 11 Requirements of the award, remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances,the U.S. Department of Justice("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award.Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during 'the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/Lega]Notices-AwardRegts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements --whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award.Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact)may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, 24-00382 Kent FY23 JAG MOU Contract Page 16 of 32 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 under31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or-unenforceable, such provision shall be deemed severable from this award. 12 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R. Part 42 The recipient,and any subrecipient("subgrantee")at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 13 Requirements related to"de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The"de minimis" rate may be applied only to modified total direct costs(MTDC)as defined by the Part 200 Uniform Requirements. 14 Employment eligibility verification for hiring under the award 1. The recipient(and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part)with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the recipient(or any subrecipient)who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility,and (2) the associated provisions in 8 U.S.C. 1324a(a)(1)that, generally speaking, make it unlawful, in the United States,to hire (or recruit for employment) certain aliens. C. Provide training(to the extent necessary)to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs(if any)of actions designed to ensure compliance with this condition. 24-00382 Kent FY23 JAG MOLT Contract Page 17 of 32 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons"who are or will be involved in activities under this award"specifically includes (without limitation) any and all recipient(or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,the recipient '(or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm .employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part)with award funds. C. "United States"specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https:I/www.e-verify.gov/)or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 15 OJP Training Guiding Principles ,Any training or training materials that the recipient--or any subrecipient("subgrantee") at any tier--develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. 16 Determination of suitability to interact with participating minors ,SCOPE. This condition applies to this award if it is indicated --in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement(solicitation), or an associated federal statute--that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. ;The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may ;interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm ;(Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. '17 Potential imposition of additional requirements 24-04382 Kent FY23 JAG MOU Contract Page 18 of 32 The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate)during the period of performance for this award, if the recipient is designated as"high- risk"for purposes of the DOJ high-risk grantee list. 18 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP ;financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of ;such a training on or after October 15, 2020, will satisfy this condition. iA list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for purposes of this condition is available at httpsa/onlinegfmt.training.ojp.govl.All trainings that satisfy this condition ',include a session on grant fraud prevention and detection, The recipient should anticipate that OJP will immediately withhold("freeze")award funds if the recipient fails to comply .with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on ;this award. 19 Restrictions and certifications regarding non-disclosure agreements and related matters ,No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality 'agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in ,accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal .,department or agency authorized to receive such information. 'The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312(which relates to classified information), Form 4414(which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award,the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds,will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards("subgrants"), procurement contracts,or both-- a. it represents that-- ,(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract,or subcontract under a procurement contract)either 24-00382 Kent FY23 JAG MOU Contract Page 19 of 32 requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly 'authorized to do so by that agency. 20 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1,2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered)to a new Title 34, entitled"Crime Control and Law Enforcement."The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 21 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient(and any"subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent"breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of"Personally Identifiable Information (PII)" (2 CFR 200.1)within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 22 Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance,or other programmatic orfinancial concerns with the recipient.The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 23 Encouragement of policies to ban text messaging while driving (Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225(October 1, 2009), DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies ,banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 24-00382 Kent FY23 JAG MOU Contract Page 20 of 32 24 All subawards("subgrants") must have specific federal authorization The recipient, and any subrecipient("subgrantee")at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that--for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition:All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 25 ,Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that--for purposes of federal grants administrative requirements--OJP considers a procurement"contract"(and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 26 Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient("subgrantee") at any tier, must comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as"employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited !:conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. ''27 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award,the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part)for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM)to eliminate any inappropriate duplication of funding. 28 Reporting potential fraud,waste,and abuse, and similar misconduct 24-00382 Kent FY23 JAG MOU Contract Page 21 of 32 The recipient, and any subrecipients("subgrantees")at any tier, must promptly refer to the DOJ Office of the Inspector :General(OIG)any credible evidence that a principal,employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1)submitted a claim that violates the False Claims Act; or(2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(I) online submission accessible via the OIG webpage at https:/loig.justice.gov/hotline/contact-grants.htm (select"Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division,ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or(3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at(202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. �29 'Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management(SAM),currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients(first- tier"subgrantees"), including restrictions on subawards to entities that do not acquire and provide(to the recipient)the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management(SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30 Restrictions on"lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or ,cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, ,extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. 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. '31 Justice Information Sharing .Information sharing projects funded under this award must comply with DOD's Global Justice Information Sharing Initiative(Global)guidelines. The recipient(and any subrecipient at any tier)must conform to the Global Standards 24-00382 Kent FY23 JAG MOU Contract Page 22 of 32 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. 32 Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent .possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 33 Law enforcement task forces-required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights,task force performance measurement, personnel selection,and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force integrity and Leadership (www.ctfli.org). 34 Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any 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. 35 Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice."The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. 36 Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages(i.e., pages (exclusive of documents)whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the 24-00382 Kent FY23 JAG MOU Contract Page 23 of 32 Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site(including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)."The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer,"to the full text of the statement. 37 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient's Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at https:l/justicegrants.usdoj.gov/training/ train ing-entity-management. 38 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either(a) result in a change in its basic prior use or(b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b)traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at https://bja.gov/Funding/nepa.html,for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental :assessment of that funded program or activity. 39 24-00382 Kent FY23 JAG MOU Contract Page 24 of 32 Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.govlolp/page/file/1204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA. 40 Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned)during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. 41 All State and Local JAG recipients must submit quarterly Federal Financial Reports(SF-425).Additionally,State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and :Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent .with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must .submit quarterly performance metrics reports through BJA's Performance Measurement Tool(PMT)website: https:// bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting ,requirements webpage (https:l/bjapmt.ojp.gov/helpljagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 42 .Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- .escalation of conflict, and constructive engagement with the public. 43 Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1, 2022 The recipient may obligate(federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum- '-(1)the recipient makes a valid acceptance of the award, and(2) all applicable withholding conditions are removed by !OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the ;condition is removed.) ;Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding 'condition through an Award Condition Modification (ACM),the recipient is authorized to obligate(federal)award funds ;to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs 'incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. 44 If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded 'to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS.With the exception of Forensic Genetic Genealogy, no profiles generated under this 24-00382 Kent FY23 JAG MOU Contract Page 25 of 32 award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual). 45 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks--including 18 U.S.C. 922 and 34 ,U.S.C. ch. 409--if the recipient(or any subrecipient at any tier) uses this award to fund (in whole or in part)a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are"eligible records" (under federal or ;State law) relevant to the NICS, the recipient(or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are"eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and --when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant"eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 46 Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership(BVP) program. 47 Certification of body armor"mandatory wear"policies, and compliance with NIJ standards If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that •each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory Wear"policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least ,all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/ topics/equipment-and-technology/body-armor 48 Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to 24-00382 Kent F'Y23 JAG MOU Contract Page 26 of 32 canfront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and}goof which mean not less than the protections afforded to a s milarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the S)apreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence thlat is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a fqundation; and penalties for abuse of the program. 49 Expenditures prohibited without waiver Nb funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as sat forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such e�penditures essential to the maintenance of public safety and good order. 5.0 F�ATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tiersubawards("subgrants")of$30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier"subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted oh the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or(2) an auvard 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). 5,1 b(ceptions regarding Prohibited and Controlled Equipment under OJP awards Nbtwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP ayvards,"the requirements for the "Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs" and the requirements for the"Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs"do not apply to this award. 52 The recipient agrees that no funds under this grant award(including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS. 53 Initial period of performance; requests for extension. The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of pbrformance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f)and in accordance with the program solicitation associated with this advard. Ahy request for an extension of the period of performance beyond a four-year award period will require approval,and the approval (if any) will be at the discretion of the Director of BJA. 24-00382 Kent F Y23 JAG MOU Contract Page 27 of 32 54 Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP)_ To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language 'assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued ,guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov. 55 Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer(OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ O1G for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 56 Use of program income Program income(as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of :the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the ;'quarterly Federal Financial Report, SF 425. 57 1 Compliance with 28 C.F.R. Part23 With respect to any information technology system funded or supported by funds under this award, the recipient(and 'any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if 'OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, ;the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. ,58 ;Protection of human research subjects 'The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R. Part 46 and all OJP 'policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 59 1Confidentiality of data The recipient(and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use,and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R.22.23. 60 24-00382 Kent FY23 JAG MOU Contract Page 28 of 32 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 61 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. 62 In accepting this award, the recipient agrees that grantfunds cannot be used for Facial Recognition Technology(FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment's protection against unreasonable searches and seizures and the First Amendment's freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request. 63 Withholding of funds for Budget narrative or information The recipient may not 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 an Award Condition Modification has been issued to remove this condition. ,.64 The recipient may not expend or draw down any award funds until: (1) it has provided to the grant manager for this OJP award information regarding research and evaluation independence and integrity in accordance with the detailed instructions in the program solicitation, (2) OJP has completed its review of the information provided and of any supplemental information it may request, (3) the recipient has made (or agreed to) any adjustments to the award ;;(including as to amount) that OJP may require to prevent, eliminate, mitigate, or otherwise adequately address any actual or apparent personal or financial conflict of interest on the part of the investigators or other staff/consultants 'engaged in the research/evaluation or organizational conflict of interest on the part of the recipient entity, and (4) ,,;Award Condition Modification (ACM) has been issued to remove this condition. 65 Withholding of Funds for Body Armor Certification The recipient may not expend or draw down any award funds until the recipient submits, and OJP has reviewed,the required certification regarding body armor, and an Award Condition Modification has been issued to remove this ;condition. ,66 'Recipient integrity and performance matters: Requirement to report information on certain civil, criminal,and `administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, 'and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain `circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management(known as"SAM"), to the designated federal integrity and performance system ,(currently, "FAPIIS"). 24-00382 Kent FY23 JAG MOU Contract Page 29 of 32 The details of recipient obligations regarding the required reporting(and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS")within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: .Recipient integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by .reference here. [XI 1 have read and understand the information presented in this section of the Federal Award Instrument. Award Acceptance Declaration and Certification to the U.S.Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S_ Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) 1 have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications(including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) 1 have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) 1 understand that, in taking (or not taking)any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) 1 understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S,C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 1 027 1-1 0273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act(including under 31 U.S.C. §§ 3729-3730 and/or§§ 3801-3812) or otherwise. Agency Approval Title of Approving Official Name of Approving Official Signed Date And Time Deputy Assistant Attorney General Maureen Henneberg 9/20/23 9:07 PM Authorized Representative Declaration and Certification Entity Acceptance Title of Authorized Entity Official Chief of Police Name of Authorized Entity Official Adrian Diaz Signed Date And Time 12/1/2023 3:08 PM 24-00382 Kent FY23 JAG MOU Contract Page 30 of 32 Attachment B jurisdiction: City of Kent Project Name: City of Kent Corrections Staffing Analysis and Rifle Plates Project Cost: $51,707 Description of the Issue: The Kent Police Department will use FY 2023 JAG funds to conduct a comprehensive analysis of staffing levels at the City of Kent Corrections Facility. In addition to the staffing analysis, Kent PD will purchase rifle plates to continue outfitting officers assigned to patrol. The Kent Police Department operates a 100-bed jail and has for over 30 years. Over the years,staffing at the jail has changed and so has the corrections sergeant and officer duties. COVID made a huge impact on housing inmates as well as overall staffing of personnel. Conducting a thorough staffing analysis has been needed for a while to ensure staffing levels to include minimum corrections officers needed on duty. Kent PD will use 2023 JAG funds in the amount of$39,800 to contract with a consultant to implement this much needed staffing analysis. It will ensure safety for not only staff but also for inmates and will confirm whether our facility is operating at its most efficient and effective levels. In addition to the corrections staffing analysis,Kent PD will use the balance of 2023 JAG funds to purchase 12-13 rifle plates not to exceed $11,907. Rifle plates are essential for officer safety. Kent PD has used previous JAG funds to purchase rifle plates as funds have allowed.This grant will continue the progress of outfitting all patrol officers. Project Design and Implementation: Kent will contract with a consultant to complete the staffing analysis of jail personnel.The consultant has conducted several of these staffing analyses for other jurisdictions and comes highly recommended.The need for analyzing our correctional facility staffing is directly related to corrections officer safety and the safety of the 100 inmates housed in the facility.The staffing analysis will confirm whether our staffing levels are adequate or if the department should increase the minimum on duty corrections staffing numbers. Currently,three is considered minimum staffing.The analysis will be overseen by the Jail Commander and a full report will be completed with details and findings. The community will be informed of the findings and the report will be made available on the Kent Police Department website. The Assistant Chief who coordinates the budget for Kent Police will be responsible for purchasing the rifle plates and determining which officers will receive them and deploy them. Capabilities and Competencies: The jail staffing analysis will be shared with Kent PD Command Staff and City of Kent leadership. Findings will also be shared on the Kent PD website as identified.The jail Commander will coordinate the project and provide updates and milestones at twice monthly command staff meetings and will provide updates to Corrections Staff at monthly staff meetings and weekly Corrections Sergeant meetings. Since we have purchased rifle plates before,the process will be the same for purchasing under the 2023 JAG. 24-00382 Kent FY23 JAG MOU Contract Page 31 of 32 Plan for Collecting the Data Required for this Solicitation's Performance Measures: All quarterly reports will be submitted by the due date demonstrating the work being done and accomplishments made throughout the project period.The staffing analysis report will be made available to OJP should there be a request for it. Budget Worksheets D. Equipment Item Computation Cost Rifle Plates 13 rifle plates x 900 each plus cost of tax $11,907.00 TOTAL: $11,907 G. Consultants/Contracts -T Name of Contract/Consultant Computation Cost Funds will be used to contract with a Matrix Consulting company to perform a 'ail staffing analysis $39,800.00 TOTAL: $39,800.00 GRAND TOTAL: $51,707 24-00382 Kent FY23!AG MOU Contract Page 32 of 32