FY20 CGIC GRANT AWARD CONTRACT UNSIGNED.PDF
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U.S. Department of Justice
Office of Justice Programs
PAGE 1 OF 16
Bureau of Justice Assistance Grant
1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2019-YX-BX-0019
Maricopa County
301 W Jefferson Street 10th Floor 5. PROJECT PERIOD: FROM 10/01/2019 TO 09/30/2021
Phoenix, AZ 85003-2163
BUDGET PERIOD: FROM 10/01/2019 TO 09/30/2021
6. AWARD DATE 09/09/2019 7. ACTION
2a. GRANTEE IRS/VENDOR NO. 8. SUPPLEMENT NUMBER Initial
866000476 00
2b. GRANTEE DUNS NO.
101558257 9. PREVIOUS AWARD AMOUNT $ 0
3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 296,164
FY 19 Innovative Prosecution Program
11. TOTAL AWARD $ 296,164
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FY19(BJA - Prosecution Innovations) Pub. L. No. 116-6, 133 Stat 13, 112
14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.825 - Smart Prosecution Initiative
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Katharine T. Sullivan William G. Montgomery
County Attorney
Principal Deputy Assistant Attorney General
17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES 21. UYXUGT0084
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B YX 80 00 00 296164
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 2 OF 16
Grant
PROJECT NUMBER 2019-YX-BX-0019 AWARD DATE 09/09/2019
SPECIAL CONDITIONS
1. 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. 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 all such assurances or certifications as if
personally executed by the authorized recipient official.
Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a
condition incorporated by reference below, or an assurance or certification related to conduct during the award period -
- may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the
award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.
The U.S. Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment
or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision
shall first be applied 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.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY
2019 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 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 2019 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"), see the OJP website at https://ojp.gov/funding/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. 200.333.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 3 OF 16
Grant
PROJECT NUMBER 2019-YX-BX-0019 AWARD DATE 09/09/2019
SPECIAL CONDITIONS
3. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
4. 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.
5. Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully
completed an "OJP financial management and grant administration training" by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2017, will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or
FPOC must have successfully completed an "OJP financial management and grant administration training" by 120
calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new
POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful
completion of such a training on or after January 1, 2017, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm . All trainings that satisfy this condition
include a session on grant fraud prevention and detection
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
6. Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de 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.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 4 OF 16
Grant
PROJECT NUMBER 2019-YX-BX-0019 AWARD DATE 09/09/2019
SPECIAL CONDITIONS
7. 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 adjustment notice (GAN) to
eliminate any inappropriate duplication of funding.
8. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients
(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the
recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web 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).
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 5 OF 16
Grant
PROJECT NUMBER 2019-YX-BX-0019 AWARD DATE 09/09/2019
SPECIAL CONDITIONS
9. 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) and (2).
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) and (2) 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) and (2).
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 I-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.
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
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 6 OF 16
Grant
PROJECT NUMBER 2019-YX-BX-0019 AWARD DATE 09/09/2019
SPECIAL CONDITIONS
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)
and (2).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify
website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov . E-Verify employer agents can email E-
Verify at E-VerifyEmployerAgent@dhs.gov .
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
10. 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 200.79) 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
PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an
imminent breach.
11. 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.
12. 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.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 7 OF 16
Grant
PROJECT NUMBER 2019-YX-BX-0019 AWARD DATE 09/09/2019
SPECIAL CONDITIONS
13. Unreasonable restrictions on competition under the award; association with federal government
SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in
part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of
the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of
this condition must be among those included in any subaward (at any tier).
1. No discrimination, in procurement transactions, against associates of the federal government
Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring
awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and
associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and
200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open
competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on
firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no
recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on
the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or
entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R.
200.319(a) or as specifically authorized by USDOJ.
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.
4. Rules of construction
A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at
present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant
recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on
behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for
such employment or engagement, and any person or entity committed by legal instrument to undertake any such work,
project, or activity (or to provide such goods or services) in future.
B. 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.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 8 OF 16
Grant
PROJECT NUMBER 2019-YX-BX-0019 AWARD DATE 09/09/2019
SPECIAL CONDITIONS
14. 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.
15. 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.
16. 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").
17. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
18. 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://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 9 OF 16
Grant
PROJECT NUMBER 2019-YX-BX-0019 AWARD DATE 09/09/2019
SPECIAL CONDITIONS
19. 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.
20. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-
risk" for purposes of the DOJ high-risk grantee list.
21. 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.
22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding
written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the
basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious
practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient
("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements
that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at
https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part
38, under e-CFR "current" data.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 10 OF 16
Grant
PROJECT NUMBER 2019-YX-BX-0019 AWARD DATE 09/09/2019
SPECIAL CONDITIONS
24. 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.
25. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2019)
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, 2019, are set out at
https://ojp.gov/funding/Explore/FY19AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might
fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not
proceed without the express prior written approval of OJP.
26. Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient and any subrecipients ("subgrantees") 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--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm
(select "Submit Report Online"); (2) mail directed to: Office of the Inspector General, U.S. Department of Justice,
Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (3) by facsimile
directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 11 OF 16
Grant
PROJECT NUMBER 2019-YX-BX-0019 AWARD DATE 09/09/2019
SPECIAL CONDITIONS
27. 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
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.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 12 OF 16
Grant
PROJECT NUMBER 2019-YX-BX-0019 AWARD DATE 09/09/2019
SPECIAL CONDITIONS
28. 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.
29. 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.
30. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov . For purposes of this disclosure, high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include
the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient
was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and
email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
31. FFATA reporting: Subawards and executive compensation F]
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or
more and, in certain circumstances, to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here. K
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an
award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 13 OF 16
Grant
PROJECT NUMBER 2019-YX-BX-0019 AWARD DATE 09/09/2019
SPECIAL CONDITIONS
32. Cooperating with OJP Monitoring F1
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 OIG for audit review; designation of the
recipient as a DOJ High Risk grantee; or termination of an award(s).
33. Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 14 OF 16
Grant
PROJECT NUMBER 2019-YX-BX-0019 AWARD DATE 09/09/2019
SPECIAL CONDITIONS
34. Patents and Inventions.
The clauses at 37 C.F.R. section 401.14 (together, the "Patents Rights Clause") are incorporated by reference, with the
following modifications. K
(1) Where italicized, the terms "contract," "contractor," and "contracting officer" are replaced, respectively, by the
terms "award," "award recipient," and "OJP program manager"; K
(2) Patent Rights Clause paragraph (f) is modified by adding the following at the end: K
"(5) The award recipient agrees to provide a report prior to the close out of the award listing all subject inventions or
stating that there were none. K
(6) The award recipient agrees to provide, upon request, the filing date, patent application number and title; a copy of
the patent application; and patent number and issue date for any subject invention in any country in which the award
recipient has applied for a patent."; K
(3) Patent Rights Clause paragraph (g) is modified to read as follows: K
"(g) Subawards and Subcontracts K
"The award recipient will include this Patent Rights Clause, suitably modified to identify the parties, in all subawards
and subcontracts, regardless of tier, for experimental, developmental, or research work. The subaward recipient or
subcontractor will retain all rights provided for the award recipient in this clause, and the award recipient will not, as a
part of the consideration for awarding the subaward or subcontract, obtain rights in the subaward recipient's or
subcontractor's subject inventions."; and
(4) Patent Rights Clause paragraph (l) is modified to read as follows: K
"(l) Communications K
"Communications on matters relating to this Patent Rights Clause should be directed to the General Counsel, Office of
Justice Programs, United States Department of Justice.". K
With respect to any subject invention in which the award recipient, or a subaward recipient or subcontractor, retains
title, the Federal government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or
have practiced for or on behalf of the United States the subject invention throughout the world.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 15 OF 16
Grant
PROJECT NUMBER 2019-YX-BX-0019 AWARD DATE 09/09/2019
SPECIAL CONDITIONS
35. Copyright; Data rights F1
The recipient acknowledges that OJP reserves a royalty-free, non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative
works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward (at any tier);
and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership with Federal
support. F1
The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first
produced under any such award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use
such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision
52.227-14 (Rights in Data - General). K
It is the responsibility of the recipient (and of each subrecipient (at any tier), if applicable) to ensure that the provisions
of this condition are included in any subaward (at any tier) under this award. K
The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and
data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient,
contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly
bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in
question without further authorization from the OJP program office.
36. No federal funds shall be used to pay for any part of air travel that includes business or first class seating except as
authorized for government travel (as described in OMB Circular A-122) and authorized by the grant manager prior to
booking such tickets.
37. 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.
38. The recipient agrees to submit to BJA for review and approval any curricula, training materials, proposed publications,
reports, or any other written materials that will be published, including web-based materials and web site content,
through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. Any written,
visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's
expense, shall contain the following statements: "This project was supported by Grant No. 2019-YX-BX-0019
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.
39. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the
federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System
for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this
compensation limitation is paid with non-federal funds.) F]
This limitation on compensation rates allowable under this award may be waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 16 OF 16
Grant
PROJECT NUMBER 2019-YX-BX-0019 AWARD DATE 09/09/2019
SPECIAL CONDITIONS
40. With respect to this award, recipients must allocate and expend at least 20% of the total award to support the research
and evaluation components of the project.
41. The recipient may not obligate, expend, or draw down more than $150,000 under this award until: (1) the recipient
submits a comprehensive action plan by 180 days after the date recipient’s acceptance of the award; (2) BJA approves
the action plan; and (3) a Grant Adjustment Notice (GAN) has been issued to remove this condition.
42. Withholding of funds: Research and evaluation independence and integrity
The recipient may not obligate, 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) a
Grant Adjustment Notice has been issued to remove this condition. K
If this award is a "discretionary" award (i.e., not an award under a statutory "formula" program), the recipient
understands and agrees that if it does not provide an adequate research and evaluation independence and integrity
submission (as determined by OJP), or if it fails to implement (as determined by OJP) any safeguard included in its
submission or required by OJP, this award may be terminated (without right of appeal), upon thirty (30) calendar days
advance written notice by OJP.
43. The recipient may not obligate, expend or draw down funds until the Office of the Chief Financial Officer (OCFO) has
approved the budget and budget narrative and a Grant Adjustment Notice (GAN) has been issued to remove this special
condition.
44. The recipient may not obligate, expend, or draw down any award funds for indirect costs, unless and until either -- (1)
the recipient submits to OJP a current, federally-approved indirect cost rate agreement, or (2) the recipient determines
that it is eligible under the Part 200 Uniform Requirements to use the "de minimis" indirect cost rate described in 2
C.F.R. 200.414(f), and advises OJP in writing of both its eligibility and its election. K
The financial review of the budget for this award is pending. If the OJP Office of the Chief Financial Officer (OCFO)
determines as part of its financial review that the recipient already has submitted the documentation concerning indirect
costs described above, this condition will be released through a Grant Adjustment Notice (GAN) upon completion of
the OCFO final budget review. K
If the OJP OCFO instead determines as part of its financial review that the recipient has not yet submitted the required
documentation concerning indirect costs, this condition will not be released until OJP (including its OCFO) receives
and reviews a satisfactory submission.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
Memorandum To: Official Grant File
From: Orbin Terry, NEPA Coordinator
Subject: Categorical Exclusion for Maricopa County
NEPA Type: Categorical Exclusion – Awards under this program will be used to leverage state, local or tribal
subject-matter expertise. None of the following activities will be conducted whether under the Office of Justice
Programs Federal action or a related third party action: K
(1) New construction. K
(2) Renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of
Historic Places or (b) located within a 100-year flood plain. K
(3) A renovation which will change the basic prior use of a facility or significantly change its size. K
(4) Research and technology whose anticipated and future application could be expected to have an effect on the
environment. K
(5) Implementation of a program involving the use of chemicals. K
Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion
as contained in paragraph 4(b) of Appendix D to Part 61 of the Code of Federal Regulations. Additionally, the
proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet
the criteria for a categorical exclusion.
U.S. Department of Justice
GRANT MANAGER'S MEMORANDUM, PT. I:
Office of Justice Programs
PROJECT SUMMARY
Bureau of Justice Assistance
Grant
PROJECT NUMBER
PAGE 1 OF 1
2019-YX-BX-0019
This project is supported under FY19(BJA - Prosecution Innovations) Pub. L. No. 116-6, 133 Stat 13, 112
1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number)
Linda Hill-Franklin Gretchen McClellan
(202) 514-0712 Grant Administrator
301 W Jefferson St; Suite 800
Phoenix, AZ 85003
(602) 506-0041
3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
BJA FY 19 Innovative Prosecution Solutions for Combatting Violent Crime Grant
4. TITLE OF PROJECT
FY 19 Innovative Prosecution Program
5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE
Maricopa County
301 W Jefferson Street 10th Floor
Phoenix, AZ 85003-2163
7. PROGRAM PERIOD 8. BUDGET PERIOD
FROM: 10/01/2019 TO: 09/30/2021 FROM: 10/01/2019 TO: 09/30/2021
9. AMOUNT OF AWARD 10. DATE OF AWARD
$ 296,164 09/09/2019
11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT
15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
The purpose of the Innovative Prosecution Solutions Program is to provide state, local, and tribal prosecutors with information, resources, and training and technical
assistance (TTA) to develop effective strategies and programs to address and prosecute individuals who commit violent crime. Prosecutors are leaders within the
criminal justice system who possess an enormous responsibility within the criminal justice system. Accordingly, they are well positioned to bring the police, the
community, and local agencies together to combat violent crime in their jurisdictions. K
The Innovative Prosecution Solutions Program encourages prosecutors to use data in the development of their violent crime strategies and programs. As such, it
builds upon analysis-driven, promising practices and evidence-based prosecution by encouraging state, local, and tribal prosecutorial agencies to develop effective,
economical, and innovative responses to crime within their jurisdictions. Applicants will identify a problem to be addressed and may enlist a research partner to help
evaluate the effectiveness of their Innovative Prosecution Solutions. K
OJP FORM 4000/2 (REV. 4-88)
Maricopa County proposes to hire a prosecutor who will be dedicated to cases generated through its crime gun intelligence center (CGIC). The prosecutor will track
cases that have assisted in the apprehension of offenders through crime gun intelligence. It will also assist the CGIC team in developing policies and procedures and
participate in CGIC team meetings. CA/NCF K