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Home My WebLink AboutAgenda Report - September 6, 2017 C-14TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM AGENDA TITLE: Adopt Resolution Ratifying the City Manager's Execution of the U.S. Department of Justice 2017 Edward Byrne Memorial Justice Assistance Grant Application; Authorizing City Manager to Execute Funding Agreement for the Purchase of Safety Equipment, Following Award of Grant; and Appropriating Funds in the 2017/18 Budget ($24,383) MEETING DATE: PREPARED BY: September 6, 2017 Chief of Police RECOMMENDED ACTION: Adopt resolution ratifying the City Manager's execution of the U.S. Department of Justice 2017 Edward Byrne Memorial Justice Assistance Grant application; authorizing City Manager to execute funding agreement for the purchase of safety equipment, following award of grant; and appropriating funds in the 2017/18 budget in the amount of $24,383. BACKGROUND INFORMATION: The Edward Byrne Memorial Justice Assistance Grant (JAG) Program provides funding for states and local governments to support a broad range of activities and equipment to prevent and control crime and improve the criminal justice system. JAG funds are allocated based on a community's population and crime statistics, in combination with a minimum allocation to ensure that each state and county receives an appropriate share. This year, the department received an allocation of $24,383. The grant funds will fund the cost to replace safety equipment. FISCAL IMPACT: Acceptance of these grant funds assist the department in purchasing safety equipment without using General Fund revenues. FUNDING AVAILABLE: Appropriate funds in the FY 2017/18 budget, accounts 21600000.56401 (revenue) and 21699000.77020 (expense). 0441-Zu, Andrew Keys Deputy Ci Manager/Internal Services Director I1/ i%r atterson C - f of Police A & 4•E2 S o ^r APPROVED: NOV chwab ity Manager U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS State or Local Government: FY 2017 Certification of Compliance with 8 U.S.C. § 1373 On behalf of the applicant government entity named below, and in support of its application, I certify under penalty of perjury to the Office of Justice Programs ("OJP"), U.S. Department of Justice ("USDOJ"), that all of the following are true and correct: (1) I am the chief legal officer of the State or local government of which the applicant entity named below is a part ("the jurisdiction"), and I have the authority to make this certification on behalf of the jurisdiction and the applicant entity (that is, the entity applying directly to OJP). I understand that OJP will rely upon this certification as a material representation in any decision to make an award to the applicant entity. (2) I have carefully reviewed 8 U.S.C. § 1373(a) and (b), including the prohibitions on certain actions by State and local government entities, -agencies, and -officials regarding information on citizenship and immigration status. I also have reviewed the provisions set out at (or referenced in) 8 U.S.C. § 1551 note ("Abolition ... and Transfer of Functions"), pursuant to which references to the "Immigration and Naturalization Service" in 8 U.S.C. § 1373 are to be read, as a legal matter, as references to particular components of the U.S. Department of Homeland Security. (3) I (and also the applicant entity) understand that the U.S. Department of Justice will require States and local governments (and agencies or other entities thereof) to comply with 8 U.S.C. § 1373, with respect to any "program or activity" funded in whole or in part with the federal financial assistance provided through the FY 2017 OJP program under which this certification is being submitted ("the FY 2017 OJP Program" identified below), specifically including any such "program or activity" of a governmental entity or -agency that is a subrecipient (at any tier) of funds under the FY 2017 OJP Program. (4) I (and also the applicant entity) understand that, for purposes of this certification, "program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. § 2000d -4a), and that terms used in this certification that are defined in 8 U.S.C. § 1101 mean what they mean under that section 1101, except that the term "State" also shall include American Samoa (cf. 42 U.S.C. § 901(a)(2)). Also, I understand that, for purposes of this certification, neither a "public" institution of higher education (i.e., one that is owned, controlled, or directly funded by a State or local government) nor an Indian tribe is considered a State or local government entity or -agency. (5) I have conducted (or caused to be conducted for me) a diligent inquiry and review concerning both— (a) the "program or activity" to be funded (in whole or in part) with the federal financial assistance sought by the applicant entity under this FY 2017 OJP Program; and (b) any prohibitions or restrictions potentially applicable to the "program or activity" sought to be funded under the FY 2017 OJP Program that deal with sending to, requesting or receiving from, maintaining, or exchanging information of the types described in 8 U.S.C. § 1373(a) or (b), whether imposed by a State or local government entity, -agency, or -official. (6) As of the date of this certification, neither the jurisdiction nor any entity, agency, or official of the jurisdiction has in effect, purports to have in effect, or is subject to or bound by, any prohibition or any restriction that would apply to the "program or activity" to be funded in whole or in part under the FY 2017 OJP Program (which, for the specific purpose of this paragraph 6, shall not be understood to include any such "program or activity" of any subrecipient at any tier), and that deals with either— (1) a government entity or -official sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. § 1373(a); or (2) a government entity or -agency sending to, requesting or receiving from, maintaining, or exchanging information of the types (and with respect to the entities) described in 8 U.S.C. § 1373(b). I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 42 U.S.C. § 3795a), and also may subject me and the applicant entity to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and §§ 3801-3812). I also acknowledge that OJP awards, including certifications provided in connection with such awards, are subject to review by USDOJ, including by OJP and by the USDOJ Office of the Inspector General. Signature of Chief Legal Officer of the Jurisdiction Date of Ceification Name of Applicant Governrr4ient Entity (Le., t Printed Name of Chief Legal Offjcei': r4 Title of Chief Lal Officer of the/Jurisdiction applicant to the FY 2017 OJP Prograr'n identified below) FY2017 OJP Program: Byrne Justice Assistance Grant ("JAG") Program Liclod below are all Jurisdictions in the state that are Technical report here: haps://www,bja.gov/fagipdfs/JA(i'lechnical-Report.pdf Finding your jurisdiction: (I) Disparate Jurisdictions are listed in shaded groups (2) Eligible Individual allocations are listed alphabetically 13) Counties that have an asterisk (•) under the "Eligible legislation requires these counties to remain a partner https://www. hja.gov/Fundi ng/JAGNIOU.pdf. Disparate amounts within the Eligible Joint Allocation and for eligible for FY 2017 JAG funding, as determined and current JAG Frequently below, in alphabetic order by county. below the shaded, disparate groupings. Individual Allocation" column did not submit with the local jurisdictions receiving funds and jurisdictions do not need to abide by the listed documenting Individual allocations in the MOU. ..�r.,�r::.. ALAMEDA COUNTY by the JAG formula. For additional details regarding Asked questions here; https://www.hja goy/Fund: the level of violent crime data to qualify fora direct must be a signatory on the required Memorandum Individual allocations, which are provided for Information CowH1 the JAG formula and award calculation process, ng/TAG FA(2. pdf award from BM, but are In the disparate grouping of Understanding (MOU). A sample MOU is provided only. Jurisdictions Inc funding disparity are L:...t.L. :i.,ul; with examples, please refer to the updated JAG indicated by the shaded area. The JAG online at: responsible for determining individual • .®'i.d:t.•i.r. .: .... Cp C4 AIAMEDA CIN Municipal 011,527 CA BERKELEY CRY Munidoal 538,926 CA EMERYVILLE CRY Munidpal 510.275 CA FREMONT CIN Munidpal 522,849 CA fHAYWARD GN Munidpal 544.728 CA LIVERMORE CITY Munidpal 618.888 CA OAKLAND CRY Mu mu pal 5535,324 CA SAN LEANDRO CRY Munidpal 530.031 CA UNION CIN Munidpal 517.635 5774. BC8 CA BUTTE COUNTY County ' CA CHICO CITY Munidpal 524.434 524,434 CA CONTRA COSTA COUNTY County 532.383 CA ANTIOCH CRY Munidoal 565,583 CA RICHMOND CRY Munidpal 573,123 5171,089 CA FRESNO COUNTY County 565.077 CA FRESNO CITY Munidoal 5199,485 5264.557 CA KINGS COUNTY County 511.169 CA HANFORD CIN Munidpal 523.488 $34,657 CA LOS ANGELES COUNTY County 5398,382 CA LOS ANGELES CITY Munidpal 51555.265 $2.953647 CA MARIN COUNTY County " CA SAN RAFAEL CITY Munidpal 516.230 516,230 CA MONTEREY COUNTY County 510,019 CA SALINAS CIN Municipal 579,129 597,145 CA NAPA COUNTY County ' CA NAPA CIN Munidpal 520,498 520,498 l NW below are all jurisdictions in the state that are Technical report here: https://www.bja,goy/lag(prffs/IAY-Ter,hnical-Report.pdf Finding your jurisdiction: (1) Disparate jurisdictions are listed In shaded groups (2) Eligible individual allocations are Ilsted alphabetically (3) Counties that have an asterisk (•) under the "Eligible lrghlatIen requires these counties to remain a partner 115:.1//www.I:Jn. gr„+1Fundlryf 1 (16111U.pol, Disparate amour%) within the Eligible Joint Allocation and for CA eligible for FY 2017 JAG funding, as determined and current AG Frequently below, In alphabetic order by county, below the shaded, disparate groupings. Individual Allocation" column did not submit with the local jurisdictions receiving funds and jurisdictions do not need to abide by the listed documenting individual allocations in the MOU. ORANGE COUNTY by the JAG formula. For additional details regarding Asked questions here: https://www.hja.gnv/Funding/JAGFACLpdf the level of violent crime data to qualify fora direct must be a signatory on the required Memorandum individual allocations, which are provided for Information Covnly the JAG formula and award calculation process, award from BJA, but are In the disparate grouping of Understanding (MOU). A sample MOU is provided only. Jurisdictions Inc funding disparity are 518,044 with examples, please refer to the updated JAG Indicated by the shaded area. The JAG online at: responsible for determining Individual CA ANAHEIM CITY Munldpal 589606 CA BUENA PARR CITY Munldpal 517.252 CA COSTA MESA CITY Munidpal 524.434 CA FULLERTON CITY Munldpal 528,114 CA GARDEN GROVE CITY Munidpal 534.887 CA HUNTINGTON BEACH CITY Munldpal 529.980 CA ORANGE CITY Munldpal 511,783 CA SANTA ANA CRY Munldpal 5102,413 CA WESTMINSTER CfTY Munidpal 519,936 5376,349 — CA RIVERSIDE COUNTY County $59,449 CA BANNING CITY Munidpal 511,604 CA COACHELIA CITY Munidpal 511.169 CA CORONA CITY Munldpal 513,929 _ CA HEMET CITY Municipal 537.878 CA INDIO CITY Munldpal 538.823 CA PALM SPRINGS CITY Munidpal 521,188 CA PERRIS CITY Munldpal 515,310 CA RIVERSIDE CITY Manfnpal 5106,196 Cl. JURUPA VALLEY CITY Munldpal 520.805 CA MORENO VALLEY CITY Munidoal 547,667 CA CATHEDRAL CITY Munidpal 510,070 CA DESERT HOT SPRINGS CITY Munidpal 517.303 5411,391 CA SAN BENfT0 COUNTY County ' CA HOLLISTER CITY Munldpal 511961 511,951 CA SAN BERNARDINO COUNTY County 573,404 CA ADELANTO CITY Munidpal 515,310 CA APPLE VALLEY TOWN Munidpal 516.127 CA BARSTOW CITY Munldpal 518,632 CA CHINO CITY Munidpal 516,996 CA COLTON CITY Munidpal 512.345 CA FONTANA CITY Munldpal 557.226 CA HESPERIA CITY Munldoal 524.766 CA HIGHLAND CITY Munldpal 516,588 CA MONTCLAIR CITY Munldpal 615:795 CA ONTARIO CITY Munldpal 536.574 CA RANCHO CUCAMONGA CITY Munldpal 522,440 CA REDLANDS CITY Munldpal 514671 CA RIALTO CITY Munldpal 530,287 I Itird below are all jurisdictions In the state that are eligible for FY 2017 JAG funding, as determined by the JAG formula. For additional details regarding the JAG formula and award calculation process, with examples, please refer to the updated JAG rchnlcal report here: haps://www.bja.gov/Jag/pdfs/IA(r-Technical-Iieport.pdf and current JAG Frequently Asked Questions here: https://www.bja.gov/FundIng/JAGIAQ.pdf I lading, your Jurisdiction: 11} Disparate jurisdictions are listed In shaded groups below, in alphabetic order by county. (2) Eligible Individual allocations are listed alphabetically below the shaded, disparate groupings. (3) Counties that have an asterisk (•) under the "Eligible Individual Allocation" column did not submit the level of violent crime data to qualify for a direct award from BJA, but are in the disparate grouping indicated by the shaded area. The JAG lcgltlal Von requires these counties to remain a partner with the local Jurlsdlctlons receiving funds and must be a signatory on the required Memorandum of Understanding (MOU). A sample MOU Is provided online at: nitp,Ilwvnv.blo. 1,0./ rundinfj iAGMtfu.pol- Disparate Jurlsdlctlons do not need to abide by the Ilsted Individual allocations, which are provided for Information only. Jurisdictions Inc funding disparity are responsible for determining individual amounts within the Eligible Joint Allocation and for documenting Individual allocations In the MOU. aEit Ampitio CTiY MOM dpe $$73 U4 CA UPLAND CITY CA VICF0m411CITY Munld0al Munitepal $14.441 557.906 $611.642 Listed below are MI jurisdictions In the state that are Technical report here: https://www.bja goy) lagipdfs/IAA,-Iechnical-Report.pdf Finding your Jurisdiction: (1) Disparate jurisdictions are listed in shaded groups (2) Eligible individual allocations are listed alphabetically (3) Counties that have an asterisk (•) under the "Eligible Iegbslgllen requires these counties to remain a partner b it ps,//www.hl.+ gnu; rundbiy/lAGM011.p.11. Disparate amounts within the Eligible Joint Allocation and for eligible for FY 2017 JAG funding, as determined and current JAG Frequently below, in alphabetic order by county. below the shaded, disparate groupings. Individual Allocation' column did not submit with the local jurisdictions receiving funds and Jurisdictions do not need to abide by the listed documenting Individual allocations In the MOU. by the JAG formula. For additional details regarding Asked Questions here: haps://www.bja.gov/Funding/JAGFAQpdf the level of violent crime data to qualify for a direct must be a signatory on the required Memorandum Individual allocations, which are provided for Information the JAG formula and award calculation process, with • award from BM, but are in the disparate grouping of Understanding (MOU). A sample MOU Is provided only. Jurisdictions In a funding disparity are examples, please refer to the updated JAG Indicated by the shaded area. The JAG online at: responsible for determining Individual CA SAN DIEGO COUNTY County 5101.749 CA SAN DIEGO CITY Munidpal 5411,468 5519.217 CA SAN JOAQUIN COUNTY County 555,794 CA STOCKTON CRY Munidpal 5299,853 0355.647 CA SANTA BARBARA COUNTY County 021,367 CA SANTA MARIA CITY Munidpal 535.578 556,945 CA SANTA CLARA COUNTY County 517.278 CA SAN JOSE CITY MunIdpal S25L931 5269,209 CA SANTA CRUZ COUNTY County $22,415 CA SANTA CRUZ CRY Munidpal 536549 358,964 CA SOIANO COUNTY County ' CA FAIRFIELD CITY Munldpal 538,415 CA VACAVILLE CITY Munldpal 318,351 CA VALLEJO CITY Munidpal 578,823 S135.589 CA STANISLAUS COUNTY County 528.728 CA MODESTO CITY Munidpal 5140,751 5169.479 CA SUTTER COUNTY County • CA YUBA CfTY Munldpal 515.667 515,667 CA VENTURA COUNTY County 510,505 CA OXNARD CITY Munldpal 362.746 CA SAN BUENAVENTURA CITY Munidpal 523.309 396.560 CA 0010 COUNTY County • CA WEST SACRAMENTO CITY Munidpal 519.885 CA WOODLAND CITY Mun:ctuaI $21,341 $41,226 Listed below are all Jurisdictions in the state that are Technical report here: https://www.bJo.gov/Ing/pdfs/IAG.1 Finding your Jurisdiction: (t) Disparate Jurisdictions are listed in shaded groups (2) Eligible individual allocations are listed alphabetically (3) Counties that have an asterisk (•) under the "Eligible legislation requires these counties to remain a partner 5Up>://wvrw.hjn.gnv/FundioBifAGMOtl.pdf. Disparate amounts within the Eligible Joint Allocation and for eligible for FY 2017 JAG funding, as determined echnical-Report.pdf and current JAG Frequently below, In alphabetic order by county. below the shaded, disparate groupings. Individual Allocation" column did not submit with the local Jurisdictions receiving funds and Jurisdictions do not need to abide by the listed documenting individual allocations In the MOU. ALHAMBRA CITY by the JAG formula. For additional details regarding Asked Questions here: https://www.bja.gov/Funding/JAGFAQ.pdF the level of violent crime data to qualify for a direct must be a signatory on the required Memorandum Individual allocations, which are provided for information • - ,._.._... err r ,:., x rr• Morunpal the JAG formula and award calculation process, award from BJA, but are In the disparate grouping of Understanding (MOU). A sample MOU Is provided only. Jurisdictions In a funding disparity E3' - �• .ti. - .... 51.2,754 with examples, please refer to the updatedlAG Indicated by the shaded area. The JAG online at: are responsible for determining Individual .. .. .e��.- •w ,: .iilltxAI :�'- ...::... CA CA ARVIN CITY Municipal 512,243 CA ATWATER CITY Municipal 514.338 CA AZUSA CITY Municipal $14,926 CA BAKERSFIELD CITY Municipal $136,611 CA BALDWIN PARK CITY Municipal 518,862 CA BELL CITY Municipal 516,511 CA BELLFLOWER CITY Municipal 524,153 CA BURBANK CITY Municipal 512,268 CA CARLSBAD CITY Municipal 515,258 CA CARSON CITY Municipal 529,955 CA CERES CITY Municipal 510.223 CA CHULA VISTA CITY Municipal 548,868 CA CITRUS HEIGHTS CITY Municipal $27,961 CA CLOVIS CITY Municipal 516,255 CA COMPTON CITY Municipal 585,851 CA CONCORD CITY Municipal 534,836 CA CULVER CITY Municipal 512,421 CA DALY CITY Municipal 516,639 CA DELANO CITY Municipal 518,990 CA DINUBA CITY Municipal 514,722 CA DO W NEY CITY Municipal 524,076 CA EAST PALO ALTO CITY EL CAJON CITY Municipal Municipal 516,664 $27,424 CA CA EL CENTRO CITY Municipal $12,140 CA EL DORADO COUNTY County 517,942 CA EL MONTE CITY Municipal 527,424 CA ELK GROVE CITY Municipal 542,862 CA ESCONDIDO CITY Municipal 541,839 CA EUREKA CITY Municipal 512,856 CA GARDENA CITY Municipal 521,009 CA GILROY CITY Municipal 514,543 CA GLENDALE CITY HAWTHORNE CITY Municipal Municipal 514,364 547,692 CA CA HUMBOLDT COUNTY County $15,846 r CA HUNTINGTON PARK CITY Municipal 529.495 CA IMPERIAL COUNTY County 516,153 CA INGLEWOOD CITY Municipal 558,708 CA KERN COUNTY County 5162,910 CA ' LA MESA CITY Municipal 514,952 CA LA PUENTE CITY Municipal 510.172 CA LAKE COUNTY County 515,565 listed below are all jurisdictions in the state that are i c chnical report here: https://www.bja goy/lag/pdfs/JAG-I Finding your Jurisdiction: {tl Disparate jurisdictions are listed in shaded groups {21 Eligible Individual allocations are listed alphabetically {3) Counties that have an asterisk (•) under the "Eligible legislation requires these counties to remain a partner IHeps://www.hia.giw/Fun dingjlADMl1U. p 11. Disparate amwntswil bin the Eligible Joint Allocation and for CA eligible for FY 2017 JAG funding, as determined by the JAG formula, For additional details regarding the JAG formula and award calculation process, with examples, please refer to the updated JAG echnical-Report.pdf and current JAG Frequently Asked Questions here: https://vnvw.hja.govfFundIng/JAGFAQ,pdf below, In alphabetic order by county. below the shaded, disparate groupings. Individual Allocation" column did not submit the level of violent crime data to qualify fora direct award from BJA, but are in the disparate grouping indicated by the shaded area, The JAG with the local jurisdictions receiving funds and must be a signatory on the required Memorandum of Understanding (MOU), A sample MOU Is provided online at: Jurisdlctlons do not need to abide by the Ilsted Individual allocations, which are provided for information only. Jurisdictions in a funding disparity are responsible for determining Individual documenting individual allocations In the MOU. Ivrlxllchnn Num. Mu nidpul $16,588 CA LANCASTER CITY Municipal $69,724 CA IAWNDALE CITY Municipal 513,163 CA LEMON GROVE CITY Municipal 511,016 CA LODI CITY Municipal 524,383 CA LOMPOC CITY Municipal 517.626 CA LONG BEACH CITY Municipal 5189,542 CA LYN WOOD CITY Municipal 531,974 CA MADERA CITY Municipal 536,625 CA MADERA COUNTY County 527.706 CA MANTECA CITY Municipal 515,361 CA MENDOCINO COUNTY County $22,977 CA MERCED CITY MunicipaI 548.280 CA MERCED COUNTY County 536,855 CA MONTEBELLO CITY Municipal 512,140 CA MOUNTAIN VIEW CITY Municipal 512,191 CA NATIONAL CITY Municipal 523,207 CA NEVADA COUNTY County 514,262 CA NORWALK CITY Municipal 528,702 CA OCEANSIDE CITY Municipal 550,810 CA PALMDALE CITY Municipal 562,082 CA PARAMOUNT CITY Municipal 519,016 CA PASADENA CITY Municipal 532.102 CA PETALUMA CITY Municipal 515.923 CA PICO RIVERA CITY Municipal 517,405 CA PITTSBURG CITY Municipal 514,952 CA PLACER COUNTY County 521,725 CA POMONA CITY Municipal 560.778 CA PORTERVILLE CITY Municipal 513,751 CA RANCHO CORDOVA Municipal 525,584 CA RED BLUFF CITY Municipal 510,045 CA REDDING CITY Municipal $46,235 CA REDONDO BEACH CITY Municipal 512,856 CA REDWOOD CITY Municipal 514,671 CA REEDLEY CITY Municipal 513,623 CA RIDGECREST CITY Municipal 510,428 CA ROHNERT PARK CITY Municipal 513,981 CA ROSEMEAD CITY Municipal 511,527 CA ROSEVILLE CITY Municipal 517,712 CA SACRAMENTO CITY Municipal 5248,327 CA SACRAMENTO COUNTY County 5233,299 CA SAN FRANCISCO CITY AND COUNTY Municipal 5524,845 Listed below are all Jurisdictions In the state that are Technical report here: https://www.bja gov/lagJpdfs/JAG-Fechnirnl-Report.pdf Finding your jurisdiction: 111 Disparate Jurisdictions are listed in shaded groups (3) Eligible individual allocations are listed alphabetically 13) Counties that have an asterisk (•) under the "Eligible legislation requires these counties to remain a partner Itteps:(fru.'sw.Irjn.gSvJ F und.n tr./ IAGM0(t.pdt. ()lip amounts within the Eligible Joint Allocation and for CA eligible for FY 2017 JAG funding, as determined and current JAG Frequently below, In alphabetic order by county. below the shaded, disparate groupings. Individual Allocation" column did not submit with the local judsdlctlons receiving funds and jurlsdicllons do not need to abide by the listed documenting individual allocations In the MOU. SAN LUIS OBISPO CITY by the JAG formula. For additional details regarding Asked Questions here: https://www,hja.gov/Funding/JAGFAQ.pdf the level 01 violent crime data to qualify for a direct must be a signatory on the required Memorandum individual allocations, which are provided for Information the JAG formula and award calculation process, award from BJA, but are In the disparate grouping of Understanding (MOU). A sample MOU is provided only. Jurisdictions In a funding disparity are $15.1183 with examples, please refer to the updated JAG Indicated by the shaded area. The JAG online at: responsible for determining Individual Atu l,op.I CA SAN LUIS OBISPO COUNTY County S22,670 CA SAN MARCOS CITY Municipal $14,850 CA SAN MATEO CITY Municipal 518,786 CA SAN MATEO COUNTY County 523,105 CA SAN PABLO CITY Municipal 517,150 CA SANTA BARBARA CITY Municipal 526,249 CA SANTA CLARA CITY Municipal 512,524 CA SANTA CLARITA CITY Municipal 523,872 CA SANTA MONICA CITY Municipal 528,293 CA SANTA ROSA CITY Municipal 545,571 CA SELMA CITY Municipal 013.623 CA SHASTA COUNTY County 545,162 CA SIMI VALLEY CITY Municipal 511,399 CA SONOMA COUNTY County 547,104 CA SOUTH GATE CITY Municipal 539,948 CA SOUTH SAN FRANCISCO CITY Municipal 511,016 CA SUNNYVALE CITY Municipal 511,987 CA TEHAMA COUNTY County 512.294 CA THOUSAND OAKS CITY Municipal 510,300 CA TORRANCE CITY Municipal 514,211 CA TRACY CITY Municipal 511,118 CA TULARE CITY Municipal 530,415 CA TULARE COUNTY County $37,571 CA TUOLUMNE COUNTY County 514326 CA TURLOCK CITY Municipal 527,143 CA UKIAH CITY Municipal 510,300 CA VISALIA CITY Municipal $40,689 CA VISTA CITY Municipal 528,830 CA WATSONVILLE CITY Municipal 520,575 CA WEST COVINA CITY Municipal 518,377 CA WEST HOLLYWOOD CITY Municipal 519,501 CA WHITTIER CITY Municipal 517,891 CA YUBA COUNTY County $15,770 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance OMB No. 1121-0329 Approval Expires 12/31/2018 The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) is seeking applications for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This program furthers the Department's mission by assisting State, local, and tribal efforts to prevent or reduce crime and violence. Edward Byrne Memorial Justice Assistance Grant Program FY 2017 Local Solicitation Applications Due: September 5, 2017 Eligibility Only units of local government may apply under this solicitation. By law, for purposes of the JAG Program, the term "units of local government" includes a town, township, village, parish, city, county, borough, or other general purpose political subdivision of a state; or, it may also be a federally recognized Indian tribal government that performs law enforcement functions (as determined by the Secretary of the Interior). A unit of local government may be any law enforcement district or judicial enforcement district established under applicable State law with authority to independently establish a budget and impose taxes; for example, in Louisiana, a unit of local government means a district attorney or parish sheriff. A JAG application is not complete, and a unit of local government may not receive award funds, unless the chief executive of the applicant unit of local government (e.g., a mayor) properly executes, and the unit of local government submits, the "Certifications and Assurances by Chief Executive of Applicant Government" attached to this solicitation as Appendix I. In addition, as discussed further below, in order validly to accept a Fiscal Year (FY) 2017 JAG award, the chief legal officer of the applicant unit of local government must properly execute, and the unit of local government must submit, the specific certification regarding compliance with 8 U.S.C. § 1373 attached to this solicitation as Appendix 11. (Note: this requirement does not apply to Indian tribal governments.) (The text of 8 U.S.C. § 1373 appears in Appendix 11.) Eligible allocations under JAG are posted annually on the JAG web page under "Funding." Deadline Applicants must register in the OJP Grants Management System (GMS) prior to submitting an application under this solicitation. All applicants must register, even those that previously registered in GMS. Select the "Apply Online" button associated with the solicitation title. All registrations and applications are due by 5 p.m. eastern time on September 5, 2017. This deadline does not apply to the certification regarding compliance with 8 U.S.C. § 1373. As explained below, a unit of local government (other than an Indian tribal government) may not validly accept an award unless that certification is submitted to the Office of Justice Programs (OJP) on or before the day the unit of local government submits the signed award acceptance documents. For additional information, see How to Apply in Section D. Application and Submission Information. Contact Information For technical assistance with submitting an application, contact the Grants Management System (GMS) Support Hotline at 888-549-9901, option 3, or via email at GMS.HelpDesk a(7.usdoi.gov. The GMS Support Hotline operates 24 hours a day, 7 days a week, including on federal holidays. An applicant that experiences unforeseen GMS technical issues beyond its control that prevent it from submitting its application by the deadline must email the National Criminal Justice Reference Service (NCJRS) Response Center at grants& ncjrs.dov within 24 hours after the application deadline in order to request approval to submit its application. Additional information on reporting technical issues appears under "Experiencing Unforeseen GMS Technical Issues" in How to Apply in Section D. Application and Submission Information. For assistance with any other requirement of this solicitation, applicants may contact the NCJRS Response Center by telephone at 1-800-851-3420; via TTY at 301-240-6310 (hearing impaired only); by email at grants c@,ncirs.gov; by fax to 301-240-5830, or by web chat at https://webcontact.ncirs.govincichatichat.jsp. The NCJRS Response Center hours of operation are 10:00 a.m. to 6:00 p.m. eastern time, Monday through Friday, and 10:00 a.m. to 8:00 p.m. eastern time on the solicitation close date. Applicants also may contact the appropriate BJA State Policy Advisor. Funding opportunity number assigned to this solicitation: BJA-2017-11301 Release date: August 3, 2017 2 BJA-2017-11301 Contents A. Program Description 5 Overview 5 Program -Specific Information i 5 Permissible uses of JAG Funds — In general 5 Limitations on the use of JAG funds 6 Required compliance with applicable federal laws. 8 BJA areas of emphasis 9 Goals, Objectives, and Deliverables 10 Evidence -Based Programs or Practices 10 B. Federal Award Information 11 Type of Award 11 Financial Management and System of Internal Controls 12 Budget and Financial Information 13 Cost Sharing or Match Requirement 14 Pre -Agreement Costs (also known as Pre -award Costs) 14 Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs 14 Costs Associated with Language Assistance (if applicable) 14 C. Eligibility Information 15 D. Application and Submission Information 15 What an Application Should Include 15 How to Apply 26 E. Application Review Information 28 Review Process 28 F. Federal Award Administration Information 29 Federal Award Notices 29 Statutory and Regulatory Requirements; Award Conditions 29 General Information about Post -Federal Award Reporting Requirements 30 G. Federal Awarding Agency Contact(s) 31 H. Other Information 31 Freedom of Information Act and Privacy Act (5 U.S.C. § 552 and 5 U.S.C. § 552a) 31 Provide Feedback to OJP 32 Application Checklist 33 Appendix I 35 3 BJA-2017-11301 Appendix 11 37 Appendix 111 39 Appendix IV . 40 4 BJA-2017-11301 Edward Byrne Memorial Justice Assistance Grant Program FY 2017 Local Solicitation CFDA #16.738 A. Program Description Overview The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to States and units of local government. BJA will award JAG Program funds to eligible units of local government under this FY 2017 JAG Program Local Solicitation. (A separate solicitation will be issued for applications to BJA directly from States.) Statutory Authority: The JAG Program statute is Subpart I of Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968. Title I of the "Omnibus Act" generally is codified at Chapter 26 of Title 42 of the United States Code; the JAG Program statute is codified at 42 U.S.C. §§ 3750-3758. See also 28 U.S.C. § 530C(a). Program -Specific Information Permissible uses of JAG Funds — In general In general, JAG funds awarded to a unit of local government under this FY 2017 solicitation may be used to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice, including for any one or more of the following: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Corrections and community corrections programs • Drug treatment and enforcement programs • Planning, evaluation, and technology improvement programs • Crime victim and witness programs (other than compensation) • Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams Under the JAG Program, units of local government may use award funds for broadband deployment and adoption activities as they relate to criminal justice activities. 5 BJA-2017-11301 Limitations on the use of JAG funds Prohibited and controlled uses of funds – JAG funds may not be used (whether directly or indirectly) for any purpose prohibited by federal statute or regulation, including those purposes specifically prohibited by the JAG Program statute as set out at 42 U.S.C. § 3751(d): (1) Any security enhancements or any equipment to any nongovernmental entity that is not engaged in criminal justice or public safety. (2) Unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the use of such funds to provide such matters essential to the maintenance of public safety and good order— (a) Vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters) (b) Luxury items (c) Real estate (d) Construction projects (other than penal or correctional institutions) (e) Any similar matters For additional information on expenditures prohibited under JAG, as well as expenditures that are permitted but "controlled," along with the process for requesting approval regarding controlled items, refer to the JAG Prohibited and Controlled Expenditures Guidance. Information also appears in the JAG FAQs. Cap on use of JAG award funds for administrative costs – A unit of local government may use up to 10 percent of a JAG award, including up to 10 percent of any earned interest, for costs associated with administering the award. Prohibition of supplanting; no use of JAG funds as "match"– JAG funds may not be used to supplant State or local funds but must be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. See the JAG FAQs on BJA's JAG web page for examples of supplanting. Although supplanting is prohibited, as discussed under "What An Application Should Include," the leveraging of federal funding is encouraged. Absent specific federal statutory authority to do so, JAG award funds may not be used as "match" for the purposes of other federal awards. Other restrictions on use of funds – If a unit of local government chooses to use its FY 2017 JAG funds for particular, defined types of expenditures, it must satisfy certain preconditions: • Body -Worn Cameras (BWC) A unit of local government that proposes to use FY 2017 JAG award funds to purchase BWC equipment or to implement or enhance BWC programs, must provide to OJP a certification(s) that the unit of local government has policies and procedures in place related to BWC equipment usage, data storage and access, privacy considerations, training, etc. The certification can be found at: https://www.bia.gov/Funding/BodyWornCarneraCert.pdf. 6 BJA-2017-11301 A unit of local government that proposes to use JAG funds for BWC-related expenses will have funds withheld until the required certification is submitted and approved by OJP. The BJA BWC Toolkit provides model BWC policies and best practices to assist departments in implementing BWC programs. Apart from the JAG Program, BJA provides funds under the Body -Worn Camera Policy and Implementation Program (BWC Program). The BWC Program allows jurisdictions to develop and implement policies and practices required for effective program adoption and address program factors including the purchase, deployment, and maintenance of camera systems and equipment; data storage and access; and privacy considerations. Interested units of local government may wish to refer to the BWC web page for more information. Units of local government should note, however, that JAG funds may not be used as any part of the 50 percent match required by the BWC Program. • Body Armor Ballistic -resistant and stab -resistant body armor can be funded through the JAG Program, as well as through BJA's Bulletproof Vest Partnership (BVP) Program. The BVP Program is designed to provide a critical resource to local law enforcement through the purchase of ballistic -resistant and stab -resistant body armor. For more information on the BVP Program, including eligibility and application, refer to the BVP web page. Units of local government should note, however, that JAG funds may not be used as any part of the 50 percent match required by the BVP Program. Body armor purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the body armor has been tested and found to comply with the latest applicable National Institute of Justice (NIJ) ballistic or stab standards. In addition, body armor purchased must be made in the United States. As is the case in the BVP Program, units of local government that propose to purchase body armor with JAG funds must certify that law enforcement agencies receiving body armor have a written "mandatory wear" policy in effect. FAQs related to the mandatory wear policy and certifications can be found at: https:I/www.bia.gov/FundingfJAGFAC.pdf. This policy must be in place for at least all uniformed officers before any FY 2017 funding can be used by the unit of local government for body armor. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. The certification must be signed by the Authorized Representative and must be attached to the application if proposed as part of the application. If the unit of local government proposes to change project activities to utilize JAG funds to purchase body armor after the award is accepted, the unit of local government must submit the signed certification to BJA at that time. A mandatory wear concept and issues paper and a model policy are available by contacting the BVP Customer Support Center at vests�7a.usdoj.gov or toll free at 1-877-758-3787. The certification form related to mandatory wear can be found at: www.bia.govlFundinq/BaciyArmorMandatoryWearCert.pdf. • DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database 7 BJA-2017-11301 If JAG Program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS, the national DNA database operated by the Federal Bureau of Investigation [FBI]) by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non-governmental DNA database without prior express written approval from BJA. In addition, funds may not be used for purchase of DNA equipment and supplies when the resulting DNA profiles from such technology are not accepted for entry into CODIS. Interoperable Communication Units of local government (including subrecipients) that use FY 2017 JAG funds to support emergency communications activities (including the purchase of interoperable communications equipment and technologies such as voice-over-internet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission [FCC] Waiver Order) should review FY 2017 SAFECOM Guidance. The SAFECOM Guidance is updated annually to provide current information on emergency communications policies, eligible costs, best practices, and technical standards for State, local, tribal, and territorial grantees investing federal funds in emergency communications projects. Additionally, emergency communications projects should support the Statewide Communication Interoperability Plan (SCIP) and be coordinated with the fulltime Statewide Interoperability Coordinator (SWIC) in the State of the project. As the central coordination point for their State's interoperability effort, the SWIC plays a critical role, and can serve as a valuable resource. SWICs are responsible for the implementation of SCIP through coordination and collaboration with the emergency response community. The U.S. Department of Homeland Security Office of Emergency Communications maintains a list of SWICs for each of the States and territories. Contact OEC(r�hq.dhs.gov. All communications equipment purchased with FY 2017 JAG Program funding should be identified during quarterly performance metrics reporting. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety communities, OJP requires the recipient to comply with DOJ's Global Justice Information Sharing Initiative guidelines and recommendations for this particular grant. Recipients must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://www.it.ojp.govtgsp grantconditian. Recipients must document planned approaches to information sharing and describe compliance to GSP and an appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. Required compliance with applicable federal laws By law, the chief executive (e.g., the mayor) of each unit of local government that applies for an FY 2017 JAG award must certify that the unit of local government will "comply with all provisions of [the JAG program statute] and all other applicable Federal laws." To satisfy this requirement, each unit of local government applicant must submit two properly executed certifications using the forms shown in Appendix I and Appendix II. All applicants should understand that OJP awards, including certifications provided in connection with such awards, are subject to review by DOJ, including by OJP and by the DOJ 8 BJA-2017-11301 Office of the Inspector General. Applicants also should understand that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in a certification submitted to OJP in support of an application may be the subject of criminal prosecution, and also may result in civil penalties and administrative remedies for false claims or otherwise. Administrative remedies that may be available to OJP with respect to an FY 2017 award include suspension or termination of the award, placement on the DOJ high risk grantee list, disallowance of costs, and suspension or debarment of the recipient. BJA areas of emphasis BJA recognizes that there are significant pressures on local criminal justice systems. In these challenging times, shared priorities and leveraged resources can make a significant impact. As a component of OJP, BJA intends to focus much of its work on the areas of emphasis described below, and encourages each unit of local government recipient of an FY 2017 JAG award to join us in addressing these challenges: • Reducing Gun Violence – Gun violence has touched nearly every State and local government in America. While our nation has made great strides in reducing violent crime, some municipalities and regions continue to experience unacceptable levels of violent crime at rates far in excess of the national average. BJA encourages units of local government to invest JAG funds in programs to combat gun violence, enforce existing firearms laws, and improve the process for ensuring that persons prohibited from purchasing guns are prevented from doing so by enhancing reporting to the FBI's National Instant Criminal Background Check System (NICS). • National Incident -Based Reporting System (NIBRS) – The FBI has formally announced its intentions to establish NIBRS as the law enforcement crime data reporting standard for the nation. The transition to NIBRS will provide a more complete and accurate picture of crime at the national, State, and local levels. Once this transition is complete, the FBI will no longer collect summary data and will accept data only in the NIBRS format. Also, once the transition is complete, JAG award amounts will be calculated on the basis of submitted NIBRS data. Transitioning all law enforcement agencies to NIBRS is the first step in gathering more comprehensive crime data. BJA encourages recipients of FY 2017 JAG awards to use JAG funds to expedite the transition to NIBRS. ■ Officer Safety and Wellness – The issue of law enforcement safety and wellness is an important priority for the Department of Justice. Preliminary data compiled by the National Law Enforcement Officers Memorial Fund indicates that there were 135 line -of - duty law enforcement deaths in 2016—the highest level in the past 5 years and a 10 percent increase from 2015 (123 deaths). Firearms -related deaths continued to be the leading cause of death (64), increasing 56 percent from 2015 (41). Of particular concern is that of the 64 firearms -related deaths, 21 were as a result of ambush -style attacks representing the highest total in more than two decades. Traffic -related deaths continued to rise in 2016 with 53 officers killed, a 10 percent increase from 2015 (48 deaths). Additionally, there were 11 job-related illness deaths in 2016, mostly heart attacks. BJA sees a vital need to focus not only on tactical officer safety concerns but also on health and wellness as they affect officer performance and safety. It is important for law enforcement to have the tactical skills necessary, and also be physically and mentally well, to perform, survive, and be resilient in the face of the demanding duties of the 9 BJA-2017-11301 profession. BJA encourages units of local government to use JAG funds to address these needs by providing training, including paying for tuition and travel expenses related to attending trainings such as VALOR training, as well as funding for health and wellness programs for law enforcement officers. • Border Security – The security of United States borders is critically important to the reduction and prevention of transnational drug-trafficking networks and combating all forms of human trafficking within the United States (sex and labor trafficking of foreign nationals and U.S. citizens of all sexes and ages). These smuggling operations on both sides of the border contribute to a significant increase in violent crime and U.S. deaths from dangerous drugs. Additionally, illegal immigration continues to place a significant strain on federal, State, and local resources—particularly on those agencies charged with border security and immigration enforcement—as well as the local communities into which many of the illegal immigrants are placed. BJA encourages units of local government to use JAG funds to support law enforcement hiring, training, and technology enhancement in the area of border security. • Collaborative Prosecution – BJA supports strong partnerships between prosecutors and police as a means to improve case outcomes and take violent offenders off the street. BJA strongly encourages State and local law enforcement to foster strong partnerships with prosecutors to adopt new collaborative strategies aimed at combating increases in crime, particularly violent crime. (BJA's "Smart Prosecution" Initiative is a related effort by OJP to promote partnerships between prosecutors and researchers to develop and deliver effective, data -driven, evidence -based strategies to solve chronic problems and fight crime.) Goals, Objectives, and Deliverables In general, the FY 2017 JAG Program is designed to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice. The JAG Local Program is designed to assist units of local government with respect to criminal justice. As discussed in more detail below, a unit of local government that receives an FY 2017 JAG award will be required to prepare various types of reports and to submit data related to performance measures and accountability. The Goals, Objectives, and Deliverables are directly related to,the JAG Pr ogam accountability measures. Evidence -Based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making and program development in criminal justice, juvenile justice, and crime victim services. OJP is committed to: • Improving the quantity and quality of evidence OJP generates • Integrating evidence into program, practice, and policy decisions within OJP and the field • Improving the translation of evidence into practice OJP considers programs and practices to be evidence -based when their effectiveness has been demonstrated by causal evidence, generally obtained through one or more outcome evaluations. Causal evidence documents a relationship between an activity or intervention (including technology) and its intended outcome, including measuring the direction and size of a change, and the extent to which a change may be attributed to the activity or intervention. 10 BJA-2017-11301 Causal evidence depends on the use of scientific methods to rule out, to the extent possible, alternative explanations for the documented change. The strength of causal evidence, based on the factors described above, will influence the degree to which OJP considers a program or practice to be evidence -based. The OJP CrimeSolutions.gov website is one resource that applicants may use to find information about evidence -based programs in criminal justice, juvenile justice, and crime victim services. A useful matrix of evidence -based policing programs and strategies is available through the Center for Evidence -Based Crime Policy at George Mason University. BJA offers a number of program models designed to effectively implement promising and evidence -based strategies through the BJA "Smart Suite" of programs, including Smart Policing, Smart Supervision, Smart Pretrial, Smart Defense, Smart Prosecution, Smart Reentry, and others (see: https./fwww.bja,qov/Programs/CRPPE/smartsuite.litml). BJA encourages units of local government to use JAG funds to support these "smart on crime" strategies, including effective partnerships with universities, research partners, and non-traditional criminal justice partners. BJA Success Stories The BJA Success Stories web page features projects that have demonstrated success or shown promise in reducing crime and positively impacting communities. This web page will be a valuable resource for States, localities, territories, tribes, and criminal justice professionals that seek to identify and learn about JAG and other successful BJA-funded projects linked to innovation, crime reduction, and evidence -based practices. BJA strongly encourages the recipient to submit success stories annually (or more frequently). If a unit of local government has a success story it would like to submit, it may be submitted through My BJA account, using "add a Success Story" and the Success Story Submission form. Register for a My BJA account using this registration link. B. Federal Award Information BJA estimates that it will make up to 1,100 local awards totaling an estimated $83,000,000. Awards of at least $25,000 are 4 years in length, and award periods will be from October 1, 2016 through September 30, 2020. Extensions beyond this period may be made on a case-by- case basis at the discretion of BJA and must be requested via GMS no Tess than 30 days prior to the grant end date. Awards of less than $25,000 are 2 years in length, and award periods will be from October 1, 2016 through September 30, 2018. Extensions of up to 2 years can be requested for these awards via GMS no less than 30 days prior to the grant end date, and will be automatically granted upon request. All awards are subject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by statute. Type of Award BJA expects that any award under this solicitation will be in the form of a grant. See Statutory and Regulatory Requirements: Award Conditions, under Section F. Federal Award Administration Information, for a brief discussion of important statutes, regulations, and award conditions that apply to many (or in some cases, all) OJP grants. 11 BJA-2017-11301 JAG awards are based on a statutory formula as described below. Once each fiscal year's overall JAG Program funding level is determined, BJA works with the Bureau of Justice Statistics (BJS) to begin a four -step grant award calculation process, which, in general, consists of: (1) Computing an initial JAG allocation for each State, based on its share of violent crime and population (weighted equally). (2) Reviewing the initial JAG allocation amount to determine if the State allocation is less than the minimum award amount defined in the JAG legislation (0.25 percent of the total). If this is the case, the State is funded at the minimum level, and the funds required for this are deducted from the overall pool of JAG funds. Each of the remaining States receive the minimum award plus an additional amount based on its share of violent crime and population. (3) Dividing each State's final award amount (except for the territories and District of Columbia) between the State and its units of local governments at a rate of 60 and 40 percent, respectively. (4) Determining unit of local government award allocations, which are based on their proportion of the State's 3 -year violent crime average. If the "eligible award amount" for a particular unit of local government as determined on this basis is $10,000 or more, then the unit of local government is eligible to apply directly to OJP (under the JAG Local solicitation) for a JAG award. If the "eligible award amount" to a particular unit of local government as determined on this basis would be less than $10,000, however, the funds are not made available for a direct award to that particular unit of local government, but instead are added to the amount that otherwise would have been awarded to the State. Financial Management and System of Internal Controls Award recipients and subrecipients (including recipients or subrecipients that are pass-through entities') must, as described in the Part 200 Uniform Requirements2 as set out at 2 C.F.R. 200.303: (a) Establish and maintain effective internal control over the Federal award that provides reasonable assurance that [the recipient (and any subrecipient)] is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States and the "Internal Control Integrated Framework", issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). (b) Comply with Federal statutes, regulations, and the terms and conditions of the Federal awards. 1 For purposes of this solicitation, the phrase "pass-through entity" includes any recipient or subrecipient that provides a subaward (" subgrant") to carry out part of the funded award or program. 2 The "Part 200 Uniform Requirements" refers to the DOJ regulation at 2 C.F.R Part 2800, which adopts (with certain modifications) the provisions of 2 C F.R. Part 200. 12 BJA-2017-11301 (c) Evaluate and monitor [the recipient's (and any subrecipient's)] compliance with statutes, regulations, and the terms and conditions of Federal awards. (d) Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings. (e) Take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or pass-through entity designates as sensitive or [the recipient (or any subrecipient)] considers sensitive consistent with applicable Federal, State, local, and tribal laws regarding privacy and obligations of confidentiality. To help ensure that applicants understand the administrative requirements and cost principles, OJP encourages prospective applicants to enroll, at no charge, in the DOJ Grants Financial Management Online Training, available here. Budget and Financial Information Trust Fund — Units of local government may draw down JAG funds either in advance or on a reimbursement basis. To draw down in advance, a trust fund must be established in which to deposit the funds. The trust fund may or may not be an interest-bearing account. If subrecipients draw down JAG funds in advance, they also must establish a trust fund in which to deposit funds. Tracking and reporting regarding JAG funds used for State administrative costs — As indicated earlier, a unit of local government may use up to 10 percent of a JAG award, including up to 10 percent of any earned interest, for costs associated with administering the award. Administrative costs (when utilized) must be tracked separately; a recipient must report in separate financial status reports (SF -425) those expenditures that specifically relate to each particular JAG award during any particular reporting period. No commingling — Both the unit of local government recipient and all subrecipients of JAG funds are prohibited from commingling funds on a program -by -program or project -by -project basis. For this purpose, use of the administrative JAG funds to perform work across all active awards in any one year is not considered comingling. Disparate Certification — In some cases, as defined by the legislation, a disparity may exist between the funding eligibility of a county and its associated municipalities. Three different types of disparities may exist: • The first type is a zero -county disparity. This situation exists when one or more municipalities within a county are eligible for a direct award but the county is not; yet the county is responsible for providing criminal justice services (such as prosecution and incarceration) for the municipality. In this case, the county is entitled to part of the municipality's award because it shares the cost of criminal justice operations, although it may not report crime data to the FBI. This is the most common type of disparity. • A second type of disparity exists when both a county and a municipality within that county qualify for a direct award, but the award amount for the municipality exceeds 150 percent of the county's award amount. 13 BJA-2017-11301 • The third type of disparity occurs when a county and multiple municipalities within that county are all eligible for direct awards, but the sum of the awards for the individual municipalities exceeds 400 percent of the county's award amount. Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint application for the aggregate eligible allocation to all disparate municipalities. The joint application must determine and specify the award distribution to each unit of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) that identifies which jurisdiction will serve as the applicant or fiscal agent for joint funds must be completed and signed by the Authorized Representative for each participating jurisdiction. The signed MOU should be attached to the application. For a sample MOU, go to: www.bja.gov/Funding/JAGMOU.pdf. Cost Sharing or Match Requirement The JAG Program does not require a match. For additional cost sharing and match information, see the DOJ Grants Financial Guide. Pre -Agreement Costs (also known as Pre -award Costs) Pre -agreement costs are costs incurred by the applicant prior to the start date of the period of performance of the grant award. OJP does not typically approve pre -agreement costs. An applicant must request and obtain the prior written approval of OJP for any such costs. All such costs incurred prior to award and prior to approval of the costs are incurred at the sole risk of the applicant. (Generally, no applicant should incur project costs before submitting an application requesting federal funding for those costs.) Should there be extenuating circumstances that make it appropriate for OJP to consider approving pre -agreement costs, the applicant may contact the point of contact listed on the title page of this solicitation for the requirements concerning written requests for approval. If approved in advance by OJP, award funds may be used for pre -agreement costs, consistent with the recipient's approved budget and applicable cost principles. See the section on "Costs Requiring Prior Approval" in the DOJ Grants Financial Guide for more information. Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs\ OJP strongly encourages every applicant that proposes to use award funds for any conference-, meeting-, or training -related activity (or similar event) to review carefully—before submitting an application—the OJP and DOJ policy and guidance on approval, planning, and reporting of such events, available at: https:llwww.ojp. gov/financialquide/DOJIPostawardRequirementslchapter3.10a. htm. OJP policy and guidance (1) encourage minimization of conference, meeting, and training costs; (2) require prior written approval (which may affect project timelines) of most conference, meeting, and training costs for cooperative agreement recipients, as well as some conference, meeting, and training costs for grant recipients; and (3) set cost limits, which include a general prohibition of all food and beverage costs. Costs Associated with Language Assistance (if applicable) If an applicant proposes a program or activity that would deliver services or benefits to individuals, the costs of taking reasonable steps to provide meaningful access to those services 14 BJA-2017-11301 or benefits for individuals with limited English proficiency may be allowable. Reasonable steps to provide meaningful access to services or benefits may include interpretation or translation services, where appropriate. For additional information, see the "CMI Rights Compliance" section under "Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2017 Awards" in the OJP Funding Resource Center. C. Eligibility Information For information on eligibility, see the title page of this solicitation. Note that, as discussed in more detail below, the certification regarding compliance with 8 U.S.C. § 1373 must be executed and submitted before a unit of local government (other than an Indian tribal government) can make a valid award acceptance. Also, a unit of local government may not receive award funds (and its award will include a condition that withholds funds) until it submits a properly executed "Certifications and Assurances by Chief Executive of Applicant Government." D. Application and Submission Information What an Application Should Include This section describes in detail what an application should include. An applicant should anticipate that if it fails to submit an application that contains all of the specified elements, it may negatively affect the review of its application; and, should a decision be made to make an award, it may result in the inclusion of award conditions that preclude the recipient from accessing or using award funds until the recipient satisfies the conditions and OJP makes the funds available. An applicant may combine the Budget Narrative and the Budget Detail Worksheet in one document. If an applicant submits only one budget document, however, it must contain both narrative and detail information. Please review the "Note on File Names and File Types" under How to Apply to be sure applications are submitted in permitted formats. OJP strongly recommends that applicants use appropriately descriptive file names (e.g., "Program Narrative," "Budget Detail Worksheet and Budget Narrative," "Timelines," "Memoranda of Understanding," "Resumes") for all attachments. Also, OJP recommends that applicants include resumes in a single file. In general, if a unit of local government fails to submit required information or documents, OJP either will return the unit of local government's application in the Grants Management System (GMS) for submission of the missing information or documents, or will attach a condition to the award that will withhold award funds until the necessary information and documents are submitted. (As discussed elsewhere in this solicitation, the certification regarding compliance with 8 U.S.C. § 1373—which is set out at Appendix Il—will be handled differently. Unless and until that certification is submitted, the unit of local government (other than an Indian tribal government) will be unable to make a valid acceptance of the award.) 15 BJA-2017-11301 1. Information to Complete the Application for Federal Assistance (SF -424) The SF -424 is a required standard form used as a cover sheet for submission of pre - applications, applications, and related information. GMS takes information from the applicant's profile to populate the fields on this form. To avoid processing delays, an applicant must include an accurate legal name on its SF - 424. Current OJP award recipients, when completing the field for "Legal Name," should use the same legal name that appears on the prior year award document, which is also the legal name stored in OJP's financial system. On the SF -424, enter the Legal Name in box 5 and Employer Identification Number (EIN) in box 6 exactly as it appears on the prior year award document. An applicant with a current, active award(s) must ensure that its GMS profile is current. If the profile is not current, the applicant should submit a Grant Adjustment Notice updating the information on its GMS profile prior to applying under this solicitation. A new applicant entity should enter the Official Legal Name and address of the applicant entity in box 5 and the EIN in box 6 of the SF -424. Intergovernmental Review: This solicitation ("funding opportunity") is within the scope of Executive Order 12372, concerning State opportunities to coordinate applications for federal financial assistance. See 28 C.F.R. Part 30. An applicant may find the names and addresses of State Single Points of Contact (SPOCs) at the following website: https://www.whitehouse.gov/ornb/grants spocf. If the State appears on the SPOC list, the applicant must contact the State SPOC to find out about, and comply with, the State's process under E.O. 12372. In completing the SF -424, an applicant whose State appears on the SPOC list is to make the appropriate selection in response to question 19 once the applicant has complied with its State E.O. 12372 process. (An applicant whose State does not appear on the SPOC list should answer question 19 by selecting the response that the "Program is subject to E.O. 12372 but has not been selected by the State for review.") 2. Project Abstract Applications should include a high-quality project abstract that summarizes the proposed project in 400 words or Tess. Project abstracts should be: • Written for a general public audience. • Submitted as a separate attachment with "Project Abstract" as part of its file name. • Single-spaced, using a standard 12 -point font (Times New Roman) with 1 -inch margins. • Include applicant name, title of the project, a brief description of the problem to be addressed and the targeted area/population, project goals and objectives, a description of the project strategy, any significant partnerships, and anticipated outcomes. • Identify up to 10 project identifiers that would be associated with proposed project activities. The list of identifiers can be found at www.bia.govlfundingIJAGldentifiers.pdf. 3. Program Narrative The following sections should be included as part of the program narrative3: a. Statement of the Problem — Identify the unit of local government's strategy/funding priorities for the FY 2017 JAG funds, the subgrant award process and timeline, and a 3 For information on subawards (including the details on proposed subawards that should be included in the application), see "Budget and Associated Documentation" under Section D. Application and Submission Information. 16 BJA-2017-11301 description of the programs to be funded over the grant period. Units of local government are strongly encouraged to prioritize the funding on evidence -based projects. b. Proiect Design and Implementation — Describe the unit of local government's strategic planning process, if any, that guides its priorities and funding strategy. This should include a description of how the local community is engaged in the planning process and the data and analysis utilized to support the plan; it should identify the stakeholders currently participating in the strategic planning process, the gaps in the needed resources for criminal justice purposes, and how JAG funds will be coordinated with State and related justice funds. c. Capabilities and Competencies — Describe any additional strategic planning/coordination efforts in which the units of local government participates with other criminal justice criminal/juvenile justice agencies in the State. d. Plan for Collecting the Data Required for this Solicitation's Performance Measures — OJP will require each successful applicant to submit specific performance measures data as part of its reporting under the award (see "General Information about Post - Federal Award Reporting Requirements" in Section F. Federal Award Administration Information). The performance measures correlate to the goals, objectives, and deliverables identified under "Goals, Objectives. and Deliverables" in Section A. Program Description. Post award, recipients will be required to submit quarterly performance metrics through BJA's Performance Measurement Tool (PMT), located at: https://blapmt.oip.gov. The application should describe the applicant's plan for collection of all of the performance measures data listed in the JAG Program accountability measures at: https://biapmt.oip.gov/help/iagdocs.html. BJA does not require applicants to submit performance measures data with their application. Performance measures are included as an alert that BJA will require successful applicants to submit specific data as part of their reporting requirements. For the application, applicants should indicate an understanding of these requirements and discuss how they will gather the required data, should they receive funding. Note on Project Evaluations An applicant that proposes to use award funds through this solicitation to conduct project evaluations should be aware that certain project evaluations (such as systematic investigations designed to develop or contribute to generalizable knowledge) may constitute "research" for purposes of applicable DOJ human subjects protection regulations. However, project evaluations that are intended only to generate internal improvements to a program or service, or are conducted only to meet OJP's performance measure data reporting requirements, likely do not constitute "research." Each applicant should provide sufficient information for OJP to determine whether the particular project it proposes would either intentionally or unintentionally collect and/or use information in such a way that it meets the DOJ regulatory definition of research that appears at 28 C.F.R. Part 46 ("Protection of Human Subjects"). Research, for the purposes of human subjects protection for OJP-funded programs, is defined as "a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge." 28 C.F.R. 46.102(d). 17 BJA-2017-11301 For additional information on determining whether a proposed activity would constitute research for purposes of human subjects protection, applicants should consult the decision tree in the "Research and the Protection of Human Subjects" section of the "Requirements related to Research" web page of the "Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2017" available through the OJP Funding Resource Center. Every prospective applicant whose application may propose a research or statistical component also should review the "Data Privacy and Confidentiality Requirements" section on that web page. 4. Budget and Associated Documentation (a) Budget Detail Worksheet A sample Budget Detail Worksheet can be found at www.oip.4ov/funding!Apply/Resources/BudgetDetailWorksheet.pdf. An applicant that submits its budget in a different format should use the budget categories listed in the sample budget worksheet. The Budget Detail Worksheet should break out costs by year. For questions pertaining to budget and examples of allowable and unallowable costs, see the DOJ Grants Financial Guide. (b) Budget Narrative The Budget Narrative should thoroughly and clearly describe every category of expense listed in the proposed Budget Detail Worksheet. OJP expects proposed budgets to be complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities). This narrative should include a full description of all costs, including administrative costs (if applicable). An applicant should demonstrate in its Budget Narrative how it will maximize cost effectiveness of award expenditures. Budget narratives should generally describe cost effectiveness in relation to potential alternatives and the goals of the project. For example, a budget narrative should detail why planned in-person meetings are necessary, or how technology and collaboration with outside organizations could be used to reduce costs, without compromising quality. The Budget Narrative should be mathematically sound and correspond clearly with the information and figures provided in the Budget Detail Worksheet. The narrative should explain how the applicant estimated and calculated all costs, and how those costs are necessary to the completion of the proposed project. The narrative may include tables for clarification purposes, but need not be in a spreadsheet format. As with the Budget Detail Worksheet, the Budget Narrative should describe costs by year. (c) Information on Proposed Subawards (if any), as well as on Proposed Procurement Contracts (if any) Applicants for OJP awards typically may propose to make "subawards." Applicants also May propose to enter into procurement "contracts" under the award. Whether—for purposes of federal grants administrative requirements—a particular agreement between a recipient and a third party will be considered a "subaward" or instead considered a procurement "contract" under the award is determined by federal rules and applicable OJP guidance. It is an important distinction, in part because the 18 BJA-2017-11301 federal administrative rules and requirements that apply to "subawards" and procurement "contracts" under awards differ markedly. In general, the central question is the relationship between what the third party will do under its agreement with the recipient and what the recipient has committed (to OJP) to do under its award to further a public purpose (e.g., services the recipient will provide, products it will develop or modify, research or evaluation it will conduct). If a third party will provide some of the services the recipient has committed (to OJP) to provide, will develop or modify all or part of a product the recipient has committed (to OJP) to develop or modify, or conduct part of the research or evaluation the recipient has committed (to OJP) to conduct, OJP will consider the agreement with the third party a subaward for purposes of federal grants administrative requirements. This will be true even if the recipient, for internal or other non-federal purposes, labels or treats its agreement as a procurement, a contract, or a procurement contract. Neither the title nor the structure of an agreement determines whether the agreement—for purposes of federal grants administrative requirements—is a "subaward" or is instead a procurement "contract" under an award. Additional guidance on the circumstances under which (for purposes of federal grants administrative requirements) an agreement constitutes a subaward as opposed to a procurement contract under an award is available (along with other resources) on the OJP Part 200 Uniform Requirements web page. (1) Information on proposed subawards and required certification regarding 8 U.S.C. § 1373 from certain subrecipients General requirement for federal authorization of any subaward; statutory authorizations of subawards under the JAG Program statute. Generally, a recipient of an OJP award may not make subawards ("subgrants") unless the recipient has specific federal authorization to do so. Unless an applicable statute or DOJ regulation specifically authorizes (or requires) particular subawards, a recipient must have authorization from OJP before it may make a subaward. JAG subawards that are required or specifically authorized by statute (see 42 U.S.C. § 3751(a) and 42 U.S.C. § 3755) do not require prior approval to authorize subawards. This includes subawards made by units of local government under the JAG Program. A particular subaward may be authorized by OJP because the recipient included a sufficiently detailed description and justification of the proposed subaward in the application as approved by OJP. If, however, a particular subaward is not authorized by federal statute or regulation and is not sufficiently described and justified in the application as approved by OJP, the recipient will be required, post award, to request and obtain written authorization from OJP before it may make the subaward. If an applicant proposes to make one or more subawards to carry out the federal award and program, and those subawards are not specifically authorized (or required) by statute or regulation, the applicant should: (1) identify (if known) the proposed subrecipient(s), (2) describe in detail what each subrecipient will do to carry out the federal award and federal program, and (3) provide a justification for the 19 BJA-2017-11301 subaward(s), with details on pertinent matters such as special qualifications and areas of expertise. Pertinent information on subawards should appear not only in the Program Narrative but also in the Budget Detail Worksheet and budget narrative. NEW Required certification regarding 8 U.S.C. § 1373 from any proposed subrecipient that is a unit of local government or "public" institution of higher education. Before a unit of local government may subaward FY 2017 award funds to another unit of local government or to a public institution of higher education, it will be required (by award condition) to obtain a properly executed certification regarding compliance with 8 U.S.C. § 1373 from the proposed subrecipient. (This requirement regarding 8 U.S.C. § 1373 will not apply to subawards to Indian tribes). The specific certification the unit of local government must require from another unit of local government will vary somewhat from the specific certification it must require from a public institution of higher education. The forms will be posted and available for download at: https:lloip.govlfunding/Explore/SampleCertifications-8USC1373.htm. (2) Information on proposed procurement contracts (with specific justification for proposed noncompetitive contracts over $150,000) Unlike a recipient contemplating a subaward, a recipient of an OJP award generally does not need specific prior federal authorization to enter into an agreement that— for purposes of federal grants administrative requirements—is considered a procurement contract, provided that (1) the recipient uses its own documented procurement procedures and (2) those procedures conform to applicable federal law, including the Procurement Standards of the (DOJ) Part 200 Uniform Requirements (as set out at 2 C.F.R. 200.317 - 200.326). The Budget Detail Worksheet and budget narrative should identify proposed procurement contracts. (As discussed above, subawards must be identified and described separately from procurement contracts.) The Procurement Standards in the (DOJ) Part 200 Uniform Requirements, however, reflect a general expectation that agreements that (for purposes of federal grants administrative requirements) constitute procurement "contracts" under awards will be entered into on the basis of full and open competition. If a proposed procurement contract would exceed the simplified acquisition threshold—currently, $150,000—a recipient of an OJP award may not proceed without competition, unless and until the recipient receives specific advance authorization from OJP to use a non-competitive approach for the procurement. An applicant that (at the time of its application) intends—without competition—to enter into a procurement contract that would exceed $150,000 should include a detailed justification that explains to OJP why, in the particular circumstances, it is appropriate to proceed without competition. Various considerations that may be pertinent to the justification are outlined in the DOJ Grants Financial Guide. (d) Pre -Agreement Costs For information on pre -agreement costs, see Section B. Federal Award Information. 5. Indirect Cost Rate Agreement (if applicable) Indirect costs may be charged to an award only if: (a) The recipient has a current (that is, unexpired), federally approved indirect cost rate; or 20 BJA-2017-11301 (b) The recipient is efigible to use, and elects to use, the "de minimis" indirect cost rate described in the (DOJ) Part 200 Uniform Requirements, as set out at 2 C.F.R. 200.414(f). Note: This rule does not eliminate or alter the JAG -specific restriction in federal law that charges for administrative costs may not exceed 10 percent of the award amount, regardless of the approved indirect cost rate. An applicant with a current (that is, unexpired) federally approved indirect cost rate is to attach a copy of the indirect cost rate agreement to the application. An applicant that does not have a current federally approved rate may request one through its cognizant federal agency, which will review all documentation and approve a rate for the applicant entity, or, if the applicant's accounting system permits, applicants may propose to allocate costs in the direct cost categories. For assistance with identifying the appropriate cognizant federal agency for indirect costs, please contact the OCFO Customer Service Center at 1-800-458-0786 or at ask.ocfo(a7usdoi.aov. If DOJ is the cognizant federal agency, applicants may obtain information needed to submit an indirect cost rate proposal at: www.oig.gov/funding/Apply/Resources/IndirectCosts.pdf. Certain OJP recipients have the option of electing to use the "de minimis" indirect cost rate. An applicant that is eligible to use the "de minimis" rate that wishes to use the "de minimis" rate should attach written documentation to the application that advises OJP of both: (1) the applicant's eligibility to use the "de minimis" rate, and (2) its election to do so. If an eligible applicant elects the "de minimis" rate, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. The "de minimis" rate may no longer be used once an approved federally -negotiated indirect cost rate is in place. (No entity that ever has had a federally approved negotiated indirect cost rate is eligible to use the "de minimis" rate.) 6. Tribal Authorizing Resolution (if applicable) An applicant that proposes to provide direct services or assistance to residents on tribal lands should include in its application a resolution, a letter, affidavit, or other documentation, as appropriate, that demonstrates (as a legal matter) that the applicant has the requisite authorization from the tribe(s) to implement the proposed project on tribal lands. OJP will not deny an application for an FY 2017 award for failure to submit such tribal authorizing resolution (or other appropriate documentation) by the application deadline, but a unit of local government will not receive award funds (and its award will include a condition that withholds funds) until it submits the appropriate documentation. 7. Financial Management and System of Internal Controls Questionnaire (including applicant disclosure of high-risk status) Every unit of local government is to complete the OJP Financial Management and System of Internal Controls Questionnaire as part of its application. In accordance with the Part 200 Uniform Requirements as set out at 2 C.F.R. 200 205, federal agencies must have in place a framework for evaluating the risks posed by applicants before they receive a federal award. 21 BJA-2017-11301 8. Applicant Disclosure of High Risk Status Applicants that are currently designated high risk by another federal grant making agency must disclose that status. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the applicant's past performance, or other programmatic or financial concerns with the applicant. If an applicant is designated high risk by another federal awarding agency, the applicant must provide the following information: • The federal agency that currently designated the applicant as high risk • Date the applicant was designated high risk • The high risk point of contact at that federal awarding agency (name, phone number, and email address). • Reasons for the high risk status, as set out by the federal awarding agency OJP seeks this information to help ensure appropriate federal oversight of OJP awards. An applicant that is considered "high risk" by another federal awarding agency is not automatically disqualified from receiving an OJP award. OJP may, however, consider the information in award decisions, and may impose additional OJP oversight of any award under this solicitation (including through the conditions that accompany the award document). 9. Disclosure of Lobbying Activities An applicant that expends any funds for lobbying activities is to provide all of the information requested on the form Disclosure of Lobbying Activities (SF -LLL). 10. Certifications and Assurances by the Chief Executive of the Applicant Government A JAG application is not complete, and a unit of local government may not receive award funds, unless the chief executive of the applicant unit of local government (e.g., the mayor) properly executes, and the unit of local government submits, the "Certifications and Assurances by the Chief Executive of the Applicant Government" attached to this solicitation as Appendix I. OJP will not deny an application for an FY 2017 award for failure to submit these "Certifications and Assurances by the Chief Executive of the Applicant Government" by the application deadline, but a unit of local government will not receive award funds (and its award will include a condition that withholds funds) until it submits these certifications and assurances, properly executed by the chief executive of the unit of local government (e.g., the mayor). 11. Certification of Compliance with 8 U.S.C. § 1373 by the Chief Legal Officer of the Applicant Government The chief legal officer of an applicant unit of local government (e.g., the General Counsel) is to carefully review the "State or Local Government: FY 2017 Certification of Compliance with 8 U.S.C. § 1373" that is attached as Appendix 11 to this solicitation. If the chief legal officer determines that he or she may execute the certification, the unit of local government is to submit the certification as part of its application. (Note: this requirement does not apply to Indian tribal governments.) As discussed further below, a unit of local government (other than an Indian tribal government) applicant will be unable to make a valid award acceptance of an FY 2017 JAG 22 BJA-2017-11301 award unless and until a properly executed certification by its chief legal officer is received by OJP on or before the day the unit of local government submits an executed award document. 12. Additional Attachments (a) Applicant Disclosure of Pending Applications Each applicant is to disclose whether it has (or is proposed as a subrecipient under) any pending applications for federally funded grants or cooperative agreements that (1) include requests for funding to support the same project being proposed in the application under this solicitation and (2) would cover identical cost items outlined in the budget submitted to OJP as part of the application under this solicitation. The applicant is to disclose applications made directly to federal awarding agencies, and also applications for subawards of federal funds (e.g., applications to State agencies that will subaward ("subgrant") federal funds). OJP seeks this information to help avoid any inappropriate duplication of funding. Leveraging multiple funding sources in a complementary manner to implement comprehensive programs or projects is encouraged and is not seen as inappropriate duplication. Each applicant that has one or more pending applications as described above is to provide the following information about pending applications submitted within the last 12 months: • The federal or State funding agency • The solicitation name/project name • The point of contact information at the applicable federal or State funding agency Federal or State Funding Agency Solicitation Name/Project Name Name/Phone/Email for Point of Contact at Federal or State Funding Agency DOJ/Office of Community Oriented Policing Services (COPS) COPS Hiring Program Jane Doe, 202/000-0000; jane.doe@usdoj.gov Health & Human Services/ Substance Abuse and Mental Health Services Administration Drug -Free Communities Mentoring Program/ North County Youth Mentoring Program John Doe, 202/000-0000; john.doe@hhs.gov Each applicant should include the table as a separate attachment to its application. The file should be named "Disclosure of Pending Applications." The applicant Legal Name on the application must match the entity named on the disclosure of pending applications statement. 23 BJA-2017-11301 Any applicant that does not have any pending applications as described above is to submit, as a separate attachment, a statement to this effect: "[Applicant Name on SF - 424] does not have (and is not proposed as a subrecipient under) any pending applications submitted within the last 12 months for federally funded grants or cooperative agreements (or for subawards under federal grants or cooperative agreements) that request funding to support the same project being proposed in this application to OJP and that would cover identical cost items outlined in the budget submitted as part of this application." (b) Research and Evaluation Independence and Integrity (if applicable) If an application involves research (including research and development) and/or evaluation, the applicant must demonstrate research/evaluation independence and integrity, including appropriate safeguards, before it may receive award funds. The applicant must demonstrate independence and integrity regarding both this proposed research and/or evaluation, and any current or prior related projects. Each application should include an attachment that addresses both i. and ii. below. i. For purposes of this solicitation, each applicant is to document research and evaluation independence and integrity by including one of the following two items: a. A specific assurance that the applicant has reviewed its application to identify any actual or potential apparent conflicts of interest (including through review of pertinent information on the principal investigator, any co -principal investigators, and any subrecipients), and that the applicant has identified no such conflicts of interest—whether personal or financial or organizational (including on the part of the applicant entity or on the part of staff, investigators, or subrecipients)—that could affect the independence or integrity of the research, including the design, conduct, and reporting of the research. OR b. A specific description of actual or potential apparent conflicts of interest that the applicant has identified—including through review of pertinent information on the principal investigator, any co -principal investigators, and any subrecipients—that could affect the independence or integrity of the research, including the design, conduct, or reporting of the research. These conflicts may be personal (e.g., on the part of investigators or other staff), financial, or organizational (related to the applicant or any subrecipient entity). Some examples of potential investigator (or other personal) conflict situations are those in which an investigator would be in a position to evaluate a spouse's work product (actual conflict), or an investigator would be in a position to evaluate the work of a former or current colleague (potential apparent conflict). With regard to potential organizational conflicts of interest, as one example, generally an organization would not be given an award to evaluate a project, if that organization had itself provided substantial prior technical assistance to that specific project or a location implementing the project (whether funded by OJP or other sources), because the organization in such an 24 BJA-2017-11301 instance might appear to be evaluating the effectiveness of its own prior work. The key is whether a reasonable person understanding all of the facts would be able to have confidence that the results of any research or evaluation project are objective and reliable. Any outside personal or financial interest that casts doubt on that objectivity and reliability of an evaluation or research product is a problem and must be disclosed. ii. In addition, for purposes of this solicitation, each applicant is to address possible mitigation of research integrity concerns by including, at a minimum, one of the following two items: a. If an applicant reasonably believes that no actual or potential apparent conflicts of interest (personal, financial, or organizational) exist, then the applicant should provide a brief narrative explanation of how and why it reached that conclusion. The applicant also is to include an explanation of the specific processes and procedures that the applicant has in place, or will put in place, to identify and prevent (or, at the very least, mitigate) any such conflicts of interest pertinent to the funded project during the period of performance. Documentation that may be helpful in this regard may include organizational codes of ethics/conduct and policies regarding organizational, personal, and financial conflicts of interest. There is no guarantee that the plan, if any, will be accepted as proposed. OR b. If the applicant has identified actual or potential apparent conflicts of interest (personal, financial, or organizational) that could affect the independence and integrity of the research, including the design, conduct, or reporting of the research, the applicant is to provide a specific and robust mitigation plan to address each of those conflicts. At a minimum, the applicant is expected to explain the specific processes and procedures that the applicant has in place, or will put in place, to identify and eliminate (or, at the very least, mitigate) any such conflicts of interest pertinent to the funded project during the period of performance. Documentation that may be helpful in this regard may include organizational codes of ethics/conduct and policies regarding organizational, personal, and financial conflicts of interest. There is no guarantee that the plan, if any, will be accepted as proposed. OJP will assess research and evaluation independence and integrity based on considerations such as the adequacy of the applicant's efforts to identify factors that could affect the objectivity or integrity of the proposed staff and/or the applicant entity (and any subrecipients) in carrying out the research, development, or evaluation activity; and the adequacy of the applicant's existing or proposed remedies to control any such factors. (c) Local Governing Body Review Applicants must submit information via the Certification and Assurances by the Chief Executive (See Appendix 1) which documents that the JAG application was made available for review by the governing body of the unit of local government, or to an organization designated by that governing body, for a period that was not less than 30 25 BJA-2017-11301 days before the application was submitted to BJA. The same Chief Executive Certification will also specify that an opportunity to comment on this application was provided to citizens prior to the application submission to the extent applicable law or established procedures make such opportunity available. In the past, this has been accomplished via submission of specific review dates; now OJP will only accept a chief executive's certification to attest to these facts. Units of local government may continue to submit actual dates of review should they wish to do so, in addition to the submission of the Chief Executive Certification. How to Apply An applicant must submit its application through the Grants Management System (GMS), which provides support for the application, award, and management of awards at OJP. Each applicant entity must register in GMS for each specific funding opportunity. Although the registration and submission deadlines are the same, OJP urges each applicant entity to register promptly, especially if this is the first time the applicant is using the system. Find complete instructions on how to register and submit an application in GMS at www.oip.govlgmscbtl. An applicant that experiences technical difficulties during this process should email GMS,HeIi Desk{r�usdol.gov or call 888-549-9901 (option 3), 24 hours every day, including during federal holidays. OJP recommends that each applicant register promptly to prevent delays in submitting an application package by the deadline. Note on File Types: GMS does not accept executable file types as application attachments. These disallowed file types include, but are not limited to, the following extensions: ".com," ".bat," ".exe," ".vbs," ".cfg," ".dat," ".db," ".dbf," ".dll," ".ini," ".log," ".ora," ".sys," and ".zip." Every applicant entity must comply with all applicable System for Award Management (SAM) and unique entity identifier (currently, a Data Universal Numbering System [DUNS] number) requirements. If an applicant entity has not fully complied with applicable SAM and unique identifier requirements by the time OJP makes award decisions, OJP may determine that the applicant is not qualified to receive an award and may use that determination as a basis for making the award to a different applicant. All applicants should complete the following steps: 1. Acquire a unique entity identifier (DUNS number). In general, the Office of Management and Budget requires every applicant for a federal award (other than an individual) to include a "unique entity identifier" in each application, including an application for a supplemental award. Currently, a DUNS number is the required unique entity identifier. A DUNS number is a unique nine -digit identification number provided by the commercial company Dun and Bradstreet. This unique entity identifier is used for tracking purposes, and to validate address and point of contact information for applicants, recipients, and subrecipients. It will be used throughout the life cycle of an OJP award. Obtaining a DUNS number is a free, one-time activity. Call Dun and Bradstreet at 866-705-5711 to obtain a DUNS number or apply online at,www.dnb.com. A DUNS number is usually received within 1-2 business days. 2. Acquire registration with the SAM. SAM is the repository for certain standard information about federal financial assistance applicants, recipients, and subrecipients. All applicants for OJP awards (other than individuals) must maintain current registrations in the SAM database. 26 BJA-2017-11301 Each applicant must update or renew its SAM registration at least annually to maintain an active status. SAM registration and renewal can take as long as 10 business days to complete. Information about SAM registration procedures can be accessed at https://www.sani.gov/. 3. Acquire a GMS username and password. New users must create a GMS profile by selecting the "First Time User" link under the sign -in box of the GMS home page. For more information on how to register in GMS, go to www.oip.eov/gmscbt. Previously registered applicants should ensure, prior to applying, that the user profile information is up-to-date in GMS (including, but not limited to, address, legal name of agency and authorized representative) as this information is populated in any new application. 4. Verify the SAM (formerly CCR) registration in GMS. OJP requires each applicant to verify its SAM registration in GMS. Once logged into GMS, click the "CCR Claim" link on the left side of the default screen. Click the submit button to verify the SAM (formerly CCR) registration. 5. Search for the funding opportunity on GMS. After logging into GMS or completing the GMS profile for username and password, go to the "Funding Opportunities" link on the left side of the page. Select BJA and FY 17 Edward Byrne Memorial Local Justice Assistance Grant (JAG) Program. 6. Register by selecting the "Apply Online" button associated with the funding opportunity title. The search results from step 5 will display the "funding opportunity" (solicitation) title along with the registration and application deadlines for this solicitation. Select the "Apply Online" button in the "Action" column to register for this solicitation and create an application in the system. 7. Follow the directions in GMS to submit an application consistent with this solicitation. Once the application is submitted, GMS will display a confirmation screen stating the submission was successful. Important: In some instances, applicants must wait for GMS approval before submitting an application. OJP urges each applicant to submit its application at least 72‘hours prior to the application due date. Note: Application Versions If an applicant submits multiple versions of the same application, OJP will review only the most recent system -validated version submitted. Experiencing Unforeseen GMS Technical Issues An applicant that experiences unforeseen GMS technical issues beyond its control that prevent it from submitting its application by the deadline may contact the GMS Help Desk or the SAM Help Desk (Federal Service Desk) to report the technical issue and receive a tracking number. The applicant is expected to email the NCJRS Response Center identified in the Contact Information section on the title page within 24 hours after the application deadline to request approval to submit its application after the deadline. The applicant's email must describe the technical difficulties, and must include a timeline of the applicant's submission efforts, the complete grant application, the applicant's DUNS number, and any GMS Help Desk or SAM tracking number(s). Note: OJP does not automatically approve requests to submit a late application. After OJP reviews the applicant's request, and contacts the GMS Help Desk to verify the reported technical issues, OJP will inform the applicant whether the request to submit a late application 27 BJA-2017-11301 has been approved or denied. If OJP determines that the untimely application submission was due to the applicant's failure to follow all required procedures, OJP will deny the applicant's request to submit its application. The following conditions generally are insufficient to justify late submissions to OJP solicitations: • Failure to register in SAM or GMS in sufficient time (SAM registration and renewal can take as long as 10 business days to complete.) • Failure to follow GMS instructions on how to register and apply as posted on the GMS website • Failure to follow each instruction in the OJP solicitation • Technical issues with the applicant's computer or information technology environment such as issues with firewalls E. Application Review Information Review Process OJP is committed to ensuring a fair and open process for making awards. BJA reviews the application to make sure that the information presented is reasonable, understandable, measurable, and achievable, as well as consistent with the solicitation. BJA will also review applications to help ensure that JAG program -statute requirements have been met. Pursuant to the (DOJ) Part 200 Uniform Requirements, before awards are made, OJP also reviews information related to the degree of risk posed by applicants. Among other things, to help assess whether an applicant that has one or more prior federal awards has a satisfactory record with respect to performance, integrity, and business ethics, OJP checks whether the applicant is listed in SAM as excluded from receiving a federal award. In addition, if OJP anticipates that an award will exceed $150,000 in federal funds, OJP also must review and consider any information about the applicant that appears in the non-public segment of the integrity and performance system accessible through SAM (currently, the Federal Awardee Performance and Integrity Information System; "FAPIIS"). Important note on FAPIIS: An applicant, at its option, may review and comment on any information about itself that currently appears in FAPIIS and was entered by a federal awarding agency. OJP will consider any such comments by the applicant, in addition to the other information in FAPIIS, in its assessment of the risk posed by the applicant. The evaluation of risks goes beyond information in SAM, however. OJP itself has in place a framework for evaluating risks posed by applicants. OJP takes into account information pertinent to matters such as - 1. Applicant financial stability and fiscal integrity 2. Quality of the management systems of the applicant, and the applicant's ability to meet prescribed management standards, including those outlined in the DOJ Grants Financial Guide 3. Applicant's history of performance under OJP and other DOJ awards (including compliance with reporting requirements and award conditions), as well as awards from other federal agencies 28 BJA-2017-11301 4. Reports and findings from audits of the applicant, including audits under the (DOJ) Part 200 Uniform Requirements 5. Applicant's ability to comply with statutory and regulatory requirements, and to effectively implement other award requirements Absent explicit statutory authorization or written delegation of authority to the contrary, the Assistant Attorney General will make all final award decisions. F. Federal Award Administration Information Federal 'Award Notices OJP expects to issue award notifications by September 30, 2017. OJP sends award notifications by email through GMS to the individuals listed in the application as the point of contact and the authorizing official. The email notification includes detailed instructions on how to access and view the award documents, and steps to take in GMS to start the award acceptance process. GMS automatically issues the notifications at 9:00 p.m. eastern time on the award date. NOTE: In order validly to accept an award under the FY 2017 JAG Program, a unit of local government (other than an Indian tribal government) must submit to GMS the certification by its chief legal officer regarding compliance with 8 U.S.C. § 1373, executed using the form that appears in Appendix Il. (The form also may be downloaded at https://ojp.govlfunding/Explore/SampleCertifications-8USC1373.htm.) Unless the executed certification either (1) is submitted to OJP together with the signed award document or (2) is uploaded in GMS no later than the day the signed award document is submitted, OJP will reject as invalid any submission by a unit of local government (other than an Indian tribal government) that purports to accept an award under this solicitation. Rejection of an initial submission as an invalid award acceptance is not a denial of the award. Consistent with award requirements, once the unit of local government does submit the necessary certification regarding 8 U.S.C. § 1373, the unit of local government will be permitted to submit an award document executed by the unit of local government on or after the date of that certification. Also, in order for a unit of local government applicant validly to accept an award under the FY 2017 JAG Program, an individual with the necessary authority to bind the applicant will be required to log in; execute a set of legal certifications and a set of legal assurances; designate a financialpoint of contact; thoroughly review the award, including all award conditions; and sign and accept the award. The award acceptance process requires physical signature of the award document by the authorized representative and the scanning of the fully executed award document (along with the required certification regarding 8 U.S.C. § 1373, if not already uploaded in GMS) to OJP. Statutory and Regulatory Requirements; Award Conditions If selected for funding, in addition to implementing the funded project consistent with the OJP- approved application, the recipient must comply with all award requirements (including all award conditions), as well as all applicable requirements of federal statutes and regulations (including those referred to in assurances and certifications executed as part of the application or in 29 BJA-2017-11301 connection with award acceptance, and administrative and policy requirements set by statute or regulation). OJP strongly encourages prospective applicants to review information on post -award legal requirements generally applicable to FY 2017 OJP awards and common OJP award conditions prior to submitting an application. Applicants should consult the "Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2017 Awards," available in the OJP Funding Resource Center. In addition, applicants should examine the following two legal documents, as each successful applicant must execute both documents in GMS before it may receive any award funds. • Certifications Regarding Lobbying., Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements • OJP Certified Standard Assurances (attached to this solicitation as Appendix IV) The web pages accessible through the "Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2017 Awards" are intended to give applicants for OJP awards a general overview of important statutes, regulations, and award conditions that apply to many (or in some cases, all) OJP grants and cooperative agreements awarded in FY 2017. Individual OJP awards typically also will include additional award conditions. Those additional conditions may relate to the particular statute, program, or solicitation under which the award is made; to the substance of the funded application; to the recipient's performance under other federal awards; to the recipient's legal status (e.g., as a for-profit entity); or to other pertinent considerations. Individual FY 2017 JAG awards will include two new express conditions that, with respect to the "program or activity" that would be funded by the FY 2017 award, are designed to ensure that States and units of local government that receive funds from the FY 2017 JAG award: (1) permit personnel of the U.S. Department of Homeland Security (DHS) to access any correctional or detention facility in order to meet with an alien (or an individual believed to be an alien) and inquire as to his or her right to be or remain in the United States and (2) provide at least 48 hours' advance notice to DHS regarding the scheduled release date and time of an alien in the jurisdiction's custody when DHS requests such notice in order to take custody of the alien pursuant to the Immigration and Nationality Act. Compliance with the requirements of the two foregoing new award conditions will be an authorized and priority purpose of the award. The reasonable costs (to the extent not reimbursed under any other federal program) of developing and putting into place statutes, rules, regulations, policies, or practices as required by these conditions, and to honor any duly authorized requests from DHS that is encompassed by these conditions, will be allowable costs under the award. General Information about Post -Federal Award Reporting Requirements A unit of local government recipient of an award under this solicitation will be required to submit the following reports and data: 30 BJA-2017-11301 Required reports. Recipients typically must submit quarterly financial status reports, semi- annual progress reports, final financial and progress reports, and, if applicable, an annual audit report in accordance with the (DOJ) Part 200 Uniform Requirements or specific award conditions. Future awards and fund drawdowns may be withheld if reports are delinquent. (In appropriate cases, OJP may require additional reports.) Awards that exceed $500,000 will include an additional condition that, under specific circumstances, will require the recipient to report (to FAPIIS) information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either the OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Additional information on this reporting requirement appears in the text of the award condition posted on the OJP website at: https:Ilojp.govffundina/FAPIIS.htm Data on performance measures. In addition to required reports, each recipient of an award under this solicitation also must provide data that measure the results of the work done under the award. To demonstrate program progress and success, as well as to assist DOJ with fulfilling its responsibilities under GPRA and the GPRA Modernization Act of 2010, OJP will require State recipients to provide accountability metrics data. Accountability metrics data must be submitted through BJA's Performance Measurement Tool (PMT), available at httpsJlbiapmt.oip.00v. The accountability measures are available at: https:/Jblapmt_ojp.00v/helpJiagdocs.html. (Note that if a law enforcement agency receives JAG funds from a State, the State must submit quarterly accountability metrics data related to training that officers have received on use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public.) OJP may restrict access to award funds if a recipient of an OJP award fails to report required performance measures data in a timely manner. G. Federal Awarding Agency Contact(s) For OJP contact(s), see the title page of this solicitation. For contact information for GMS, see the title page. H. Other Information Freedom of Information Act and Privacy Act (5 U.S.C. § 552 and 5 U.S.C. § 552a) All applications submitted to OJP (including all attachments to applications) are subject to the federal Freedom of Information Act (FOIA) and to the Privacy Act. By law, DOJ may withhold information that is responsive to a request pursuant to FOIA if DOJ determines that the responsive information either is protected under the Privacy Act or falls within the scope of one of nine statutory exemptions under FOIA. DOJ cannot agree in advance of a request pursuant to FOIA hot to release some or all portions of an application. In its review of records that are responsive to a FOIA request, OJP will withhold information in those records that plainly falls within the scope of the Privacy Act or one of the statutory exemptions under FOIA. (Some examples include certain types of information in budgets, and names and contact information for project staff other than certain key personnel.) In appropriate 31 BJA-2017-11301 circumstances, OJP will request the views of the applicant/recipient that submitted a responsive document. For example, if OJP receives a request pursuant to FOIA for an application submitted by a nonprofit or for-profit organization or an institution of higher education, or for an application that involves research, OJP typically will contact the applicant/recipient that submitted the application and ask it to identify—quite precisely—any particular information in the application that applicant/recipient believes falls under a FOIA exemption, the specific exemption it believes applies, and why. After considering the submission by the applicant/recipient, OJP makes an independent assessment regarding withholding information. OJP generally follows a similar process for requests pursuant to FOIA for applications that may contain law-enforcement sensitive information. Provide Feedback to OJP To assist OJP in improving its application and award processes, OJP encourages applicants to provide feedback on this solicitation, the application submission process, and/or the application review process. Provide feedback to OJPSoiicitationFeedbackAusdoj.00v. IMPORTANT: This email is for feedback and suggestions only. OJP does not reply to messages it receives in this mailbox. A prospective applicant that has specific questions on any program or technical aspect of the solicitation must use the appropriate telephone number or email listed on the front of this solicitation document to obtain information. These contacts are provided to help ensure that prospective applicants can directly reach an individual who can address specific questions in a timely manner. If you are interested in being a reviewer for other OJP grant applications, please email your resume to oippeerreview@lmsolas.com. (Do not send your resume to the OJP Solicitation Feedback email account.) Note: Neither you nor anyone else from your organization or entity can be a peer reviewer in a competition in which you or your organization/entity has submitted an application. 32 BJA-2017-11301 Application Checklist Edward Byrne Memorial Justice Assistance Grant (JAG) Program: FY 2017 Local Solicitation This application checklist has been created as an aid in developing an application. What an Applicant Should Do: Prior to Registering in GMS: Acquire a DUNS Number Acquire or renew registration with SAM To Register with GMS: For new users, acquire a GMS username and For existing users, check GMS username and Verify SAM registration in GMS Search for correct funding opportunity in GMS Select correct funding opportunity in GMS Register by selecting the "Apply Online" button associated with the funding opportunity title (see page 27) Read OJP policy and guidance on conference approval, planning, and reporting available at olp.qov/financialquideJDOJ/PostawardRequirements/chapter3.1Oa.htm (see page 14) If experiencing technical difficulties in GMS, contact the NCJRS Response Center (see page 2) (see page 27) (see page 27) password* (see page 27) password* to ensure account access (see page 27) (see page 27) (see page 27) (see page 27) *Password Reset Notice — GMS users are reminded that while password reset capabilities exist, this function is only associated with points of contact designated within GMS at the time the account was established. Neither OJP nor the GMS Help Desk will initiate a password reset unless requested by the authorized official or a designated point of contact associated with an award or application. Overview of Post -Award Legal Requirements: Review the "Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2017 Awards" in the OJP Funding Resource Center. Scope Requirement: The federal amount requested is within the allowable limit(s) of the FY 2017 JAG Allocations List as listed on BJA's JAG web page. 33 BJA-2017-11301 What an Application Should Include: Application for Federal Assistance (SF -424) Project Abstract Program Narrative Budget Detail Worksheet Budget Narrative Indirect Cost Rate Agreement (if applicable) Tribal Authorizing Resolution (if applicable) Financial Management and System of Internal Controls Questionnaire Disclosure of Lobbying Activities (SF -LLL) (if applicable) Certifications and Assurances by Chief Executive Certification of Compliance with 8 U.S.C. § 1373 by Chief Legal Officer (Note: this requirement does not apply to Indian tribal governments.) (see page 23) OJP Certified Standard Assurances (see page 40) Additional Attachments Applicant Disclosure of Pending Applications Research and Evaluation Independence and Integrity (if applicable) (see page 16) (see page 16) (see page 17) (see page 18) (see page 18) (see page 21) (see page 21) (see page 22) (see page 22) (see page 22) (see page 23) (see page 24) 34 BJA-2017-11301 Appendix 1 Certifications and Assurances by the Chief Executive of the Applicant Government Template for use by chief executive of the "Unit of local government" (e.g., the mayor) Note: By law, for purposes of the JAG Program, the term "unit of local government " includes a town, township, village, parish, city, county, borough, or other general purpose political subdivision of a state; or, it may also be a federally recognized Indian tribal government that perform8 law enforcement functions (as determined by the Secretary of the Interior). A unit of local government may be any law enforcement district or judicial enforcement district established under applicable State law with authority to independently establish a budget and impose taxes; for example, in Louisiana, a unit of local government means a district attorney or parish sheriff. 35 BJA-2017-11301 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2017 Local Solicitation Certifications and Assonances by the Chief Executive of the Applicant Governwent On behalf of the applicant unit of local government named below, in support of that locality's appldcation far an award under the FY 2017 Edward Byrne Justice Assistance Grant ("JAG-) Programa and further ba 42 U.S.C. § 3752(a), I certify under penalty al perjury to the Offtae of Justice Programs (OJP-). U.S. Department of Justice (-USDO.1"), that aM of the following are true and correct 1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations an my own behalf and on behalf of the applicant unit of loco! government. I understand that these representations will be relied upon as material in any OJP decision to make art award, under the application descnbed above. to the applicant unit of local government. 2. i certify that no federal funds made available by the award (if any) that OJP makes based on the application described above wit be used to supplant local funds, but will be used to increase the amounts al such funds that would, in the absence of -federal funds. be made available for law enforrement activities, 3. I assure that the application described above (and any amendment to that application) was submitted for review to the governing body of the unit of local government (e.g., aty council or county commission). or to an organzabon designated by that governing body. not leas than 30 days before the date of this certificatian. 4. i assure that before the date of this certification— (a) the application described above (and any amendment to that application) was made public and (b) an opportunity to comment on that application (or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent applicable Law or established procedure made such an opponuniy available. 5. l assure that, for each Fiscal year of the award (W any) that OJP makes based an the applicators described above, the applicant unit of local goveminent wfM mainmain and report such data, records, and information (programmatic and financial), as OJP may reasonably require. 6. t certify that— (a) the programs to be funded by the award (if any) that OJP makes based an the application described above meet aM the requirements of the JAG Program statute (42 U.S.C. §§3750-3758); (b) aR the information contained in that application is coarct (c) in connection with that appication. there has been appropriate coordination with affected agencies: and (d) in connection with that award (if any), the applicant unit of local government will comply with all provisions of the JAG Program statute and all other appfrcabie federal Jaws_ 7. I have examined certification emitted "State or Local Government FY 2017 Cerbficatlon of Compliance with 8 1J.S.C. § 1373- executed by the chief legal oflloer of the applicant government with respect to the FY 2017 JAG Program and submitted in support of the apptcatian described above. and I hereby adopt that oertifreaaon es my own on behai of that government f acknowledge that a materially false, fictitious, orfraudutent statement (or concealment or omission of a material fact) in this certification or in the application that it `supports, may be the subject of criminal prosecution (inducting under 18 U.S.C. §§ 1001 and/or 1621, andlor 42 U.S.C. § 37g5a), and also may subject me and the applicant unit of local government to civil penalties and adminisbative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and §§ 3804-3812). I also acknowledge Haat OJP awards, including certifications provided in connection with such awards, are subject to review by USDOJ, irtdudiing by OJP and by the USDOJ Office of the linspector General. Signature of Chief Execubee of the Applicant Unit af Date of Certification Local Government Title of Chief Executive Printed Name of Chief Executive Name of Applicant Unit of Local Government 36 BJA-2017-11301 Appendix 11 State or Local Government: Certification of Compliance with 8 U.S.C. § 1373 Template for use by the chief legal officer of the "Local Government" (e.g., the General Counsel) (Note: this Certification is not required by Indian tribal government applicants.) Available for download at: https://ojp. govffunding/Explore/SampleCerfifications-8USC 1373. htm 37 BJA-2017-11301 U.S. DEPARTMENT OF JUSTICE OFFICE OF .JUSTICE PROGRAMS State or Local Government: FY 2017 Certification of Compliance with 8 U.S.C. § 1373 On behalf of the applicant goverment entity named below, anti in support of its application, I certify under penalty of perjury ea the Office of Justice Programs r0JP-). U.S. Department d Justice ('USDOJ"). that all of the following are true and correct (1) I an the chief legal officer cif tie State or local government of which the applicant entity named below is a part ('the jurisdiction"), and 1 have the a.ithority to make this certification on behalf of the jurisdiction and the applicant entity (that is, the entity applying directly to OJP)_ I understand Haat OJP +rdl rely upon this certification as a material representation in ivy decision to make an award 10 tine applicant entity. (2) 1 have carefully reviewed 8 U.S.C. § 1373(a) and (b), ncluding the prohibitions on certain actions by State and local government entries. cies, and - fficials regarding information on citizenship and rnmigralion status. I also have reviewed the provisions set out a (or referenced in) 8 U.S_C_ § 1551 rote ("Abolition ...... and Transfer of Functions').: pursuant to which references to the "Immigration and Naturalization Service" in 8 U.S.C. § 1373 are to be read. as a legal matter. as references to particular corrpanenis of the U.S. Department Of Homeland Secutty. (3) t (and also the applicant entity) understand that the U.S. Department of Justice will require States and local governments (and agencies or other entities thereof) to corvpty with 8 U.S.C. 61373. with respect to any -program or activity' funded in whole or in part with the federal f nancial assistance provided through the FY 2017 OJP program under which this certification is being submitted (-the FY 2017 OJP Program" identified below), specifically including any such program oradtially' of a governments entity or -agency that is a subrecrpimt (et any tier) of funds under the FY 2017 0.1P Program. (4) I {and also the applicant entity) understand hat. for purposes of This certification. 'program or activity' means what it means trader title Vi d the Civil Rights Act of 10644 (see 42 U.S.G. § 2000d -4a). and that terms used in this certificacon that are defned in 8 U.S.C. § 1101 mean what they mean under that section 1101. except chat the term 'State- also shall include America; Samoa {cf.. 42 U.S.C. § 941(a}(2)). Also. I understand that for purposes of this certification, neither a "public" institution d higher education (i.e.. one that is owned, conholed, or dire liy funded by a State or local government) nor an Indian tribe is considered a State or local goverment entity or -agency. (5) 1 have conducted *caused to be conducted for me) a diligent inquiry and review concerning bath— (a) the program oractivitj to be funded (in whale or in part) with the federal financial assistance sough/ by he applicant entity under this FY 2417 OJP Program: and (b) any pihtntions or potentiaAy appiicabie to the program or aclivrity " sought to be funded under the Fir' 2017 OJP Program that deaf with sending to. requesting or receiving from. mantaining. or exchanging information of the types descried in 8 U.S.C_ § 1373(a) or (b), whether imposed by a State or kcal government entity. -agency. or .official_ (6) As of the date of this certification. neither the jurisdiction nor any entity, agency. or official of the jurisdiction has in efiiect, purports to have in effect. or is stubiect to or bound by. any prohitxlion or any rest iGpon that would apply to the program or activity' to be funded in whale or in parr under the FY 20170.1P Program (which. for the specific impose of this paragraph e. shall not be understood to nclude any such 'program or acbvit? of any suhrecapient at any tier], and that deals whit either— (1) a government entry or -uncial sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. § 1373(a): of (2) a government entity or -agency sending to, requestng or receivvtg from maintaining, or exchangng in5onmation of the types (and with respect to the entities) described in 8 U.S.C. § 1373(b) I acknowledge float a materially false, fictironus. or fraudulent stalernent (or concealment or orriess in of a material fact) in this certification. or in the appiicabon Asst it supports. may be the srrbiest of a tint prosecution (including under 18 U.S.C. §§ 1001 andlor 1621. atdfar 42 U.S.C. § 3705a). and also may subject me and the applicant entity to civi penalties and admaistrative remedies for false claims or otherwise (IDcluding under 31 U.S.C. §§ 3729-3730 and §§ 3E•01-3812). 1 also acknowledge that OJp awards, incieudrwg certifications provided m connection with such awards. are subject to review by USDOJ, including by OJP and by the USDOJ Office of the lnspector General. Signature of Chef Legal Officer of the Jurisdiction Printed Name of Grief Legal Officer Date of Certification Title of Chief Legal Officer of the Jurisdiction Name of Applicant Government Entity (1..e.., the applicant to the 1 Y 2017 OJP Program identified below) FY 2017 OJP Program: Byrne Justice Assistance Grant ("JAW) Program 38 BJA-2017-11301 Appendix 111 8 U.S.C. § 1373 (as in effect on June 21, 2017) Communication between government agencies and the Immigration and Naturalization Service (a) In general Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual. (b) Additional authority of government entities Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual: (1) Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service. (2) Maintaining such information. (3) Exchanging such information with any other Federal, State, or local government entity. (c) Obligation to respond to inquiries The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information. See also provisions set out at (or referenced in) 8 U.S.C. § 1551 note ("Abolition ... and Transfer of Functions") 39 BJA-2017-11301 OMB No. 112t-0140 Fires 513112010 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS CERTIFIED STANDARD ASSURANCES On behalf of the Replica*. and in support d this application for a grant or cooperative agreement, I certify under penalty of perjury to the Office of Justioe Programs (QIP). U.S. Department of Justice Departinenl}. that all of thetoilawing are true and correct: (1) l have the a ithcrityto snake the follontig representations on behalf efrryseff and theAppficatt. I understand that these representations wit be relied upon as naderiat in any O.P desmon to macre an award to the Applicant based err Its application (2) I certify that the Applicant has the legal a rtiority to apply for the federal assistance sought by the application. and that it has the nrrstihAierhal, managerial, andfnanal capability {includngfinds sufficient to pay cry rewired non-federal share dpaned costS)bo plan, manage, and oonptete the project described in the application properly. (3) 1 assure that. thraghe t the period of perfmnarrae for the award Of any) made byOJP based en the app+icati&rn— (a) the Applicant eill ccerply with al award requirements and al federal statutes and regulations applicable tithe award: (b) the Applicant rill require all subrecipen s to conplyvith a1 applicable award requirements and ail 3pp4iC31-+6e feral statues and regelaaons: and (c) the Apptrsxd will rr a nrtan sadeguads to address at prevent any a9an¢alim3l ae+fid d :teres and arse lo prohibit enptoyees from using their positions in any Framer poses or appears to pose. a personal a financial conflict of interest. (4) �t urdersiards that the federal statutes and regdahons applicable to the arrrad (if any) made by OW based an tfte specificafy include statues and resulations pertaining to awd ri •ls and nadisurrinai on, and in addtan— (a) fife Appliealt understands that the applicabae statins pertarwa rig to sial nyNswit include section 001 cf the Owl Rights is Ad of 10104 (42 U.S.C. § 2000d); section 504 of the Rehabitation Aa of 1973 (28 U,S.C. § 794): section 901 tithe Education Amendments of 1072 (20 U.S.C. § 188 I): and section 303 of the Age 0iscrrnnaOm Aad of 1075 (42 U.S.G. §6t04 (b) theAPphlicarit understands that the applicable sb1ttes perlanig [o nonctiscrinnaticn may include section 815lc) of Title 1 d the OrrnibusCorn CorA'd and Sate Streets Act of 1888 (42 U.S.C. § 37806(0); section 1407(e) of the 13ctims of Crime Act d 1084 (42 u -S -C- § 10204(e)); section 299A(b) d the Jtrvenie Justice and Delinquency Preverbal Act of 2002 (42 U.S.C. § 5872(b)); and that the grant candibon set at at section 40002(b)(13) of the Materrce AgaK st Women Ad 142 U.S.C. § 1302.'#b)(13)) also may apply, (c) the Applcait understands that it must rewire any subrer.ipiern iaoortply w4h all such applicable statutes (and associated regialionsk and ( oro behalf of the Appbcat, I make ire specific ass/races set out atm 28 C.FR §42.105 and 42M4 (5) The Wide* also understands that (n addibon to any appfinal ie progranspecifie resulabons and 10 applicable federal regtiatiortS that lean to chi! rights aid nmdisaimnatim) the federal regulations applicable m the award (ti any) mode by O.1P based on the application may include, but are root baited in, 2 C.F.R. Part 2800 (the DOJ'Part 200 Lthiform Realrements'} and 28 CFR Parts 22 (artlpdentialty-researu3h and statistical information), 23 (criminal irrelligerre systems), and 48 (Truman subjects protection). (8) t assure that he Applicant will assist OP as(aid rift res ire subreccierts and cats acttas to assist as necessay) vol h the Departirhenps vonyLa ce With section 100 of the h*nal Elston Preservabm Act of 1988 (54 U.S.G. § 308108}, the Archeological and Historical Presentation Add 1974 (554 U.S.C. §§312501-312508), and thefrkatimaf E rirarrnentai Pa& rAdd 1090 (42 U,S.G_ §§4321-4335). and 28 CFR. Pais 81 (NEPA) and 83 (floodplain and wedatds). (7) 1 assure that the AtaXinapt KIWI give the Department and the Government Accos tabdity Office, Ifxvrgh any authorized representative, access to, and opportunity to e:canine, all paper or electronic recalls related to the arrant (if any) made by IJP based en the (8) I assure that. Wlhe Appl tea& is a goverment/I entity, with respect to the award (if any) made by OUP based on the application— (a) it rill comply with the [equiremerts d the Uniform Redocati&rr Assistance and Real Property Aogtesittoris Ad d 1070 (42 U.S.C. §§4t101-4655). Yirich govern the %rea nerd d persons diced as a result &federal and federally -assisted program and (b) 1 ea car* with requirements d 5 URC. §§ 1601-1 and 7'324-7328_ rr}idp limit certain peitbcal activities &Stine orlocd govermient employees whose principal empioyrrhent is in cornalion with an aoiririty financed in whole or in pat by federal 1 acknowledge that a materially false, fictitious. or fraudulent statement (or concealment or omission of a material fact) in this certification. or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 axlror 11321, andIcr 42 U.S.C_ § 37%0, and also may subject me and the Applicant to doll penalties and administrative remedies far false claims or otherwise (netting under 31 URC. S§ 3725.3730 and 3801-3812). 1 also actinowledge that DJP awards, including certifications provided in connection with such awards, are sub)ect to review by the Department, ihdudirng by QJP and by the Department's Office of the Inspector General. 41 BJA-2017-11301 BJA FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG)... https://grants.ojp.usdoj.gov/gmsextemal/applicantlnformation.do C) BJA FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation 2017 -H3101 -CA -DJ Application Correspondence Application Handbook Overview Applicant Information Protect Information Budget and Prop ram Attachments Assurances and Certifications Review SF 424 Submit Application 101pJFreouentlY Asked Ouestlons GMS Home Log Off Application: Switch to ... Applicant Information Verify that the following information filled is correct and fill out any missing information. To save changes, click on the "Save and Continue" button. * - Indicates required field *Is the applicant delinquent on any federal debt? (If Yes Is selected, please upload an explanation) Yes • NO *Employer Identification Number (EIN) 94 - 6000361 *Type of Applicant Municipal Type of Applicant (Other): *Organizational unit Police Department *Legal Name (Legal Jurisdiction Name) City of Lodi *Vendor Address 1 P.O. Box 3006 Vendor Address 2 *Vendor City Lodi Vendor County/Parish San Joaquin *Vendor State California *vendor ZIP 95241 -1910 21p+4. Lookup Please provide Point of Contact Information for matters involving this application *Contact Prefix: Mrs. Contact Prefix (Other): *Contact First Name: Jennelle Contact Middle Initial: L *Contact Last Name: Baker Contact Suffix: Select a Suffix Contact Suffix (Other) : *Contact Title: Management Analyst *Contact Address Line 1: P.O. Box 3006 Contact Address Line 2: *Contact City Lodi Contact County: San Joaquin *Contact State: California *Contact Zip Code: 95241 - 1910 Zip+4 Lookup *Contact Phone Number: 209 333 6722 Ext: Contact Fax Number: *Contact E-mail Address: jbaker13@lodi.gov Email Help Save and Continue 1 1 of 1 8/25/17, 9:31 AM BJA FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG)... https://grants.ojp.usdoj.gov/gmsexternal/projectlnformation.do 0�1CBJA FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation 2017 -H3101 -CA -DJ Ageilcatlon Application Handbook Overview Applicant j�formatfon Prolect Information Budget and Program Attachments Assurances and !ttf lc;jtton Review SF 424 Submit Application Help/Frequently Asked GMS Home Log Off CorrespondoriCg Project Information Application: Switch to ... The following problems were found: • You need to specify areas affected by your project. • You need to specify a Descriptive title for your project. • You need to select one or more congressional districts for your project. • You need to fill out Estimated Funding for your project. *Descriptive Title of Applicant's Project *Areas Affected by Project Proposed Protect *Stan Date *End Date *Congressional Districts of ~ Project I Congressional District 01, CA Congressional District 02, CA Congressional District 03, CA Congressional District 04, CA *Estimated Funding Federal $ 0 .00 Applicant $ 0 .00 'State $ 0 .00 Local $ 0 .00 Other $ 0 .00 (Program Income $ 0 .00 TOTAL $ 0 .00 F Save and Continue I 1 of 1 8/25/17, 10:17 AM BJA FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG)... https://grants.ojp.usdoj.gov/gmsextemal/budget.do 07 i BJA FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation 2017-H3101•CA-DJ Application Correspondence Application: Switch to ... Application Handbook The following problems were found: • You need to upload the required current version of the FCQ attachment. Overview • You need to upload the required budget attachment Applicant Information Protect Information &sleet and Proaram Attachments Assurances and Carotica it om Review SF 424 Submit Application Help/Freauently Asked Guestlons GMS Home t6a Off This page allows you to upload the Budget Detail Worksheet, Financial Management and System of Internal Controls Questionnaire (FCQ) form, Program Narrative, and other Program attachments. Click the attach button to continue. FCQ Attachment In accordance with the Part 200 Uniform Requirements as set out at 2 C.F.R. 200.205, Federal agencies must have in place a framework for evaluating the risks posed by applicants before they receive a Federal award. To facilitate part of this risk evaluation, all applicants are to download, complete, and submit the Financial Management and System of Internal Controls Questionnaire. You can download the current IM2120m1gEg. Click on the Attach Button to upload FCQ Form Attach Budget and other Program Attachments Click on the Attach Button to upload an attachment Attach Continue Please download the latest version of Adobc Acrobat Reader. 1 of 1 8/25/17, 10:17 AM BJA FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG)... https://grants.ojp.usdoj.gov/gmsexternal/applicationReview.do r0F!�.I)f 1 BJA FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation 2o11.H3101-CA-DJ Application Review SF -424 Print a Com, Application Handbook Overview Information Profect Information Program Attachments Assurances and Certifications Review SF 424 Submit Application HeID/Freauently Asked Ouestlons GMS Home Lu. Off correspondence Application: Switch to ... APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identlner 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY STATE State Application Identifier 4, DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5.APPLICANT INFORMATION Legal Name City of Lodi Organizational Unit Police Department Address P.O. Box 3006 Lodi, California 95241-1910 Name and talaphena number of the perron to tb eentscted on 81116rs fnvolving this application Baker, Jennelle (209) 333-6722 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 94-6000361 7. TYPE OF APPLICANT Municipal O. TYPE OF APPLICATION 9. NAME OF FEDERAL AGENCY Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 16.738 CFDA TITLE: Edward Byrne Memorial Justice Assistance Grant Program 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT 12. AREAS AFFECTED BY PROJECT 14. CONGRESSIONAL a. Applicant b. Project 13. PROPOSED PROJECT Start Date: End Date: DISTRICTS OF 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? (Federal $0 Applicant $0 State $0 !Local $0 Other $0 !Program Income l $0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? - N TOTAL 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, HAS BEEN DULY AUTHORIZED BY GOVERNING BODY IF THE ASSISTANCE IS REQUIRED. $0 IN THIS APPLICATION APPLICANT AND ALL DATA OF THE PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES Continua 1 of 1 8/25/17, 10:17 AM RESOLUTION NO. 2017-170 A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING THE CITY MANAGER'S EXECUTION OF THE U.S. DEPARTMENT OF JUSTICE 2017 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT APPLICATION; AUTHORIZING THE CITY MANAGER TO EXECUTE FUNDING AGREEMENT FOR THE PURCHASE OF SAFETY EQUIPMENT, FOLLOWING AWARD OF GRANT; AND FURTHER APPROPRIATING FUNDS IN THE 2017/18 BUDGET WHEREAS, the Lodi Police Department submitted a proposal for the 2017 Edward Byrne Memorial Assistance Grant through the Bureau of Justice Assistance for safety equipment needs on September 5, 2017; and WHEREAS, the Lodi Police Department was awarded the grant by the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance in the amount of $24,383. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept the grant funds in the amount of $24,383 from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, to support safety equipment expenditures; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby ratify the City Manager's execution of the application, and upon award of the grant, authorizes the City Manager to execute a funding agreement and any necessary forms with the Department of Justice for the acceptance of the grant; and BE IT FURTHER RESOLVED that the City Council hereby approves appropriating funds in the amount of $24,383 for the 2017/18 fiscal year budget accounts 21600000.56401 (revenue), 21699000.77020 (expense). Dated: September 6, 2017 I hereby certify that Resolution No. 2017-170 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 6, 2017, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NNIFER FERRAIOLO City Clerk 2017-170