Extracted text (via ocr_local)
56671 characters
~ Award Letter
December 17, 2021
Dear Chris Briggs,
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 GLENDALE, CITY OF for an award under the funding opportunity entitled 2021 BJA FY 21 Adult Drug Court and
Veterans Treatment Court Discretionary Grant Program
. The approved award amount Is $197,235.
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.
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.
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.
Congratulations, and we look forward to working with you.
Amy Solomon
Principal 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. 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
NEPA Letter Type
OJP - Categorical Exclusion
NEPA Letter
None of the following activities will be conducted whether under the Office of Justice Programs
federal action or a related third party action:
(1) New construction
(2) Any renovation or remodeling of a property located in an environmentally or historically
sensitive area, including property (a) listed on or eligible for listing on the National Register of
Historic Places, or (b) located within a 100-year flood plain, a wetland, or habitat for an endangered
species
(3) A renovation that will change the basic prior use of a facility or significantly change its size
(4) Research and technology whose anticipated and future application could be expected to have an
effect on the environment
(5) Implementation of a program involving the use of chemicals (including the identification,
seizure, or closure of clandestine methamphetamine laboratories)
Additionally, the proposed action is neither a phase nor a segment of a project that when reviewed
in its entirety would not meet the criteria for a categorical exclusion.
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 Title 28 of the
Code of Federal Regulations.
Questions about this determination may be directed to your grant manager or Environmental
Coordinator for the Bureau of Justice Assistance.
NEPA Coordinator
First Name Middle Name Last Name
Orbin —_— Terry
~ 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
GLENDALE, CITY OF
DUNS Number UEI
077523579 —
Street 1 Street 2
5850 W GLENDALE AVE FL 4 —_
City State/U.S. Territory
GLENDALE Arizona
Zip/Postal Code Country
85301 United States
County/Parish Province
Qaward Details
Federal Award Date Award Type
12/17/21 Initial
Award Number Supplement Number
15PBJA-21-GG-04281-VTCX 00
Federal Award Amount Funding Instrument Type
$197,235.00 Grant
Assistance Listing Number Assistance Listings Program Title
16.585
Statutory Authority
Pub. L. No. 116-260, 134 Stat 1182, 1259
(| 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
2021 BJA FY 21 Adult Drug Court and Veterans Treatment Court OJP
Discretionary Grant Program Program Office
Application Number BJA
GRANT13331454
Grant Manager Name Phone Number — E-mail Address
202-616-8241 Nikisha.Love@ojp.usdoj.gov
Nikisha Love
Project Title
Implementation of a Veterans Court in the Glendale City Court
Performance Period Start Date Performance Period End Date
10/01/2021 09/30/2025
Budget Period Start Date Budget Period End Date
10/01/2021 09/30/2025
Project Description
Glendale City Court Veterans Treatment Court Abstract
Glendale City Court Veterans Treatment Court (VTC) is requesting federal funding in the amount
of $157,554 — to implement an evidenced - based Veterans Treatment Court that supports our
Veteran population involved in the justice system. Glendale City Court VTC will operate as a pre
and post-adjudication misdemeanor program and a deferred misdemeanor adjudication program.
Glendale City Court VTC will operate as a Type B Veterans Treatment Court, accepting both violent
and non-violent veterans depending on the circumstances of the offense. The program will exclude
offenders that used a firearm in the commission of a crime, or which resulted in serious injury or
death. The grant will be used for: 1) Frequent substance abuse testing that is in line with evidenced-
based practices for Specialty Treatment Court programs, according to the recommendations made
by the Veterans Administrations screening. 2) Small supply purchases needed for the program 3)
An additional Court docket specifically to address the VTC participant population. VTC expects to
serve a population of approximately 20 veterans in the first year, expanding to 40 veterans in the
second vear with up to 120 veterans benefiting from the grant over the four vears of
cee pee eee a a
implementation.
The criteria for VTC inclusion is: served in the United States military, National Guard or
Reserves; a resident of Maricopa County ; has mental health and/or substance abuse disorders
requiring treatment and the support of the VTC team. The exclusionary factors for our program
include dishonorably discharged; not a Maricopa County resident; pending deportation; has an
extraditable warrant; and has a conviction of a sex offense.
The Glendale City Court program will encompass substance abuse treatment ranging from inpatient
to relapse prevention/maintenance including medically assisted treatment (MAT).
Glendale City VTC program will adhere to the following NADCP Adult Drug Court Best Practice
Standards. Standard #1: Target Population (page 3-6); Standard #2: Equity and Inclusion (page
6); Standard #3: Roles and Responsibilities of the Judge (page 11); Standardi#4; Incentives,
Sanctions and Therapeutic Responses (page 12); Standard #5: Substance Use Disorder Treatment
(pages 1 0-11); Standard #6: Complimentary Treatment and Social Services (page 13); Standard
#7: Drug and Alcohol Testing (page 12); Standard #8: Multidisciplinary Team (pages 13-17);
Standard #9: Census and Caseloads (pages 12-13); and Standard #10: Monitoring and Evaluation
(page 10-13). Glendale City Court VTC is not leveraging any other federal funding resources.
{4 [have read and understand the information presented in this section of the Federal Award Instrument.
~ Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information,
and Award Conditions.
The recipient budget is currently under review.
{4 | 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
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 2021 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2021 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 2021 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.
1
Requirement to report actual or imminent breach of personally identifiable information (Pll)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach"
(OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of
"Personally Identifiable Information (PIl)" (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 Pll to an OUP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent
breach.
3
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 January 1, 2019, 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 January 1, 2019, 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.govitraining/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.
4
Safe policing and law enforcement subrecipients
If this award is a discretionary award, the recipient agrees that it will not make any subawards to State, local, college, or university law
enforcement agencies unless such agencies have been certified by an approved independent credentialing body or have started the certification
process. To become certified, law enforcement agencies must meet two mandatory conditions: (1) the agency's use of force policies adhere to all
applicable federal, state, and local laws; and (2) the agency's use of force policies prohibit chokeholds except in situations where use of deadly
force is allowed by law. For detailed information on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO.
ss
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.
=)
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf
of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. in certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce
only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such
exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice
Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions"
(ojp.gov/funding/Explore/LegalNotices-AwardReats.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, 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.
17
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.
Es
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.
=")
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."
Eno
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.
44
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").
En2
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.
213
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
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.
215
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.
216
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.
217
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.
E18
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2021)
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, 2021,
are set out at https://ojp.gov/funding/Explore/FY21AppropriationsRestrictions.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
OUP.
En9
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.
‘20
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 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 any person or other entity, to
violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or
other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or
email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
21
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.
22
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.
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.
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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.
‘as
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).
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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.
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.
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.
29
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.
Reporting potential fraud, waste, and abuse, and similar misconduct
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--(1) online
submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mait 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.
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.
E332
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.
<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.
33
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all
grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient
agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any
subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BUA and OCFO for providing the
requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ
awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the
Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
34
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.
35
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to
and approved by the OJP program office prior to obligation or expenditure of such funds.
36
Recipient understands and agrees that it must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports
through JustGrants (justgrants.usdoj.gov), and that it 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 requirements, refer to BJA's
website. Failure to submit required reports by established deadlines may result in the freezing of grant funds and High Risk designation.
37
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing “Equal
Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department
of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or
proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place
from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-
grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the
Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any
other term or condition of this award, faith-based organizations may, in some circumstances, consider religion as a basis for employment. See
http://www.ojp.gov/about/ocr/equal_fbo.htm.
38
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain
circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier
subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition:
Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual
who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or
her name).
Regarding medication-assisted treatment (MAT), the award recipient understands and agrees to the following: 1) all clients in a BJA-funded drug
court have a right to access MAT under the care and prescription of a physician to the extent MAT is clinically indicated; 2) BJA-funded drug
courts must not deny any eligible client enrollment to the drug court program because of their use of FDA-approved medications for the treatment
of substance abuse; 3) MAT must be permitted to be continued for as long as the prescriber determines that the FDA-approved medication is
clinically beneficial; 4) while under no circumstances can a BJA-funded drug court program deny access to MAT under the care and prescription
of a physician when it is clinically indicated, a judge retains judicial discretion to mitigate/reduce the risk of abuse, misuse, or diversion of these
medications; and 5) federal funds shall not be used to support activities that violate the Controlled Substances Act, 21 U.S.C, 801-904.
40
All BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found in BJA@s and National
Association of Drug Court Professional@s (NADCP) publication: Defining Drug Courts: The Key Components at
https://www.nejrs.gov/pdffiles1/bja/205621.pdf. During the grant period of performance, if BJA concludes that a funded drug court is not
conforming to the 10 key components, it retains the right to place the award recipient on a corrective action plan to bring the drug court into
conformance. Continued failure to maintain conformance to the key components may result in a hold placed on award funds or
suspension/termination of the grant award agreement.
a
The recipient understands and agrees that no award or matching funds may be used to provide services for violent offenders as defined in 42
U.S.C. 3797u-2, a @violent offender@ means a person who@(1) is charged with or convicted of an offense that is punishable by a term of
imprisonment exceeding one year, during the course of which offense or conduct@ (A) the person carried, possessed, or used a firearm or
dangerous weapon; (B) there occurred the death of or serious bodily injury to any person; or (C) there occurred the use of force against the
person of another, without regard to whether any of the circumstances described in subparagraph (A) or (B) is an element of the offense or
conduct of which or for which the person is charged or convicted; or (2) has 1 or more prior convictions for a felony crime of violence involving the
use or attempted use of force against a person with the intent to cause death or serious bodily harm.
42
Recipient may not obligate, expend, or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and
approved the Budget Narrative portion of the application and has issued an Award Condition Modification (ACM) informing the recipient of the
approval.
a3
Conditional Clearance
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 an Award Condition Modification (ACM) has been issued to remove this award condition.
aa
Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and
approved the required application attachment(s) and has issued an Award Condition Modification (ACM) releasing this award condition.
fH Ihave 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 | 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) | 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) | 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) | 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) | understand that any materially false, fictitious, or fraudulent information or statement in this declaration and
certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18
U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and
administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or
otherwise.
| Agency Approval
“Title of Approving Official Name of Approving Official Signed Date And Time
Principal Deputy Assistant Attorney Amy Solomon 12/16/21 11:15 AM
General
Authorized Representative
& Declaration and Certification
Entity Acceptance
Title of Authorized Entity Official
Assistant City Manager
Name of Authorized Entity Official
VICKI RIOS
Signed Date And Time
1/11/2022 11:20 AM