EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM - LOCAL SOLICITATION - 2022 BJA FY 223/21/23,2:16' PM
September 22, 2022
Dear ROSEMARIE .CALL,
Funded Award FAW-170873
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the
Office of Justice Programs (OJP) has approved the application submitted by CITY OF
CLEARWATER for an award under the funding opportunity entitled 2022 BJA FY 22
Edward Byrne Memorial Justice Assistance Grant Program - Local Solicitation. The.
approved award amount is $40,122.
Review the Award Instrument below carefullyand familiarize yourself with all
conditions and requirements before accepting your award. The Award Instrument
includes the Award Offer (Award Information, Project Information, Financial
Information, • and Award Conditions) and Award Acceptance, For COPS Office and OVW
funding the Award Offer also includes any Other Award Documents.
Please note that award requirements. include not only the conditions and limitations set
forth in the Award Offer, but also compliance with assurances and certifications that
relate to conduct during the period of performance for the award. These requirements
encompass financial, administrative, and programmatic matters, as well as other
important matters (e.g., specific restrictions on use of funds). Therefore, all key staff
should receive the award conditions, the assurances and certifications, and the
application as approved by OJP, so that they understand the award requirements..
Information on all pertinent award requirements also must be provided to any
subrecipientof the award,
Should you accept the award and then fail to comply with an award requirement, DOJ
will pursue appropriate remedies for non-compliance, which may include termination of
the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial
Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice
Grants System (JustGrants). The Entity Administrator will need to ensure the assigned
Authorized Representative(s) is current and has the legal authority to accept awards
and bind the entity to.the `award terms and conditions. To accept the award, the
AuthorizedRepresentative(s)must accept all parts of the Award Offer in the Justice
Grants System (JustGrants), including by executing the required declaration and
certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for
Payments (ASAP) system, if you haven't already completed the enrollment process in
ASAP. The Entity Administrator should have already received an email from ASAP to
initiate this process.
Congratulations, and we look forward to working with you.
Maureen Henneberg
Deputy Assistant Attorney General
•
Office. for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S.
Department of Justice (DOJ) has been delegated the responsibility for
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ensuring that,recipients of federal financial assistance from the OJP, the Office
of Community Oriented Policing Services (COPS), and the Office on Violence
Against Women (OVW) are not engaged in discrimination prohibited by law.,
Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964
and Section 504 of the Rehabilitation Act of 1973, require recipients of federal
financial assistance to give assurances that they will comply with those laws.
Taken together, these _civil rights laws prohibit recipients of federal financial
assistance from DOJ from discriminating in services and employment because
of race, color, national origin, religion, disability, sex, and, for grants
authorized under the Violence Against Women Act, sexual orientation and
gender identity. Recipients are also prohibited from discriminating in services
because of age. For a complete review of these civil rights laws and
nondiscrimination requirements, in connection with DOJ awards, see
https://ojp,gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of
discrimination against recipients from individuals, entities, or groups.. In
addition, the OCR conducts limited compliance reviews and audits based on
regulatory criteria.; These reviews and audits permit the OCR to evaluate
whether recipients of financial assistance from the Department are providing
services in a nondiscriminatory manner to their service population or have
employment practices that meet equal -opportunity standards.
If you are arecipient of grant awards under the Omnibus Crime Control and
Safe Streets. Act or. the Juvenile Justice and Delinquency Prevention Act and
your agency is part' of a criminal justice system, there are two additional
obligations that may apply in connection with the awards: (1) complying with
the regulationrelating to Equal Employment Opportunity Programs (EEOPs);
and (2) submitting findings of discrimination to OCR. For additional
information regarding the EEOP requirement, see 28 CFR Part 42, subpart E,
and for additional information regarding requirements when there is an
adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(S).
The OCR is available to help you and your organization meet the civil rights
requirements that are associated with DOJ grant funding. If you would like the
OCR to assist you, in fulfilling your organization's civil rights or
nondiscrimination responsibilities as a recipient of federal financial assistance,
please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov.
Memorandum Regarding NEPA
NEPA Letter Type
OJP Ongoing NEPA Compliance Incorporated into Further Developmental
Stages
NEPA Letter
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows
states and local governments to support a broad range of activities to
prevent and control crime and to improve the criminal justice system,
some of which could have environmental impacts. All recipients of JAG"
funding mist assist BJA in complying with NEPA and other related federal
environmental impact analyses requirements in the use of grant funds,
whether the funds are used directly by the grantee or by a subgrantee or
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third party. Accordingly, prior to obligating funds for any of the specified
activities, the grantee must first determine if any of the specified activities
will be funded by the grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an
environmentally or historically sensitive area, including properties located
within. a 100 -year flood plain, a wetland, or habitat for endangered
species, or a property listed on or eligible for listing on the National
Register of Historic Places;
c. A renovation,, lease, or any proposed use of a building or facility that
will either (a) result in a change in its basic prior use or (b) significantly
change its size;
d. Implementation of new program involving the use of chemicals other
than chemicals that are (a) purchased as an incidental component of a
funded activity and (b) traditionally used, for example, in office,
household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine
laboratory operations, including the identification, seizure, or closure of
clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by
BJA. Further, for programs relating to methamphetamine laboratory
operations, the preparation of a detailed Mitigation Plan will be required.
For more information about Mitigation Plan requirements, please
see https://www.bja.gov/Funding/nepa.html.
NEPA Coordinator
First Name Middle Name Last Name
Orbin Terry
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This award is offered subject to the conditions or limitations set forth in the Award
Information,' Project Information, Financial Information, and Award Conditions.
Recipient Information
Recipient Name
CITY OF CLEARWATER
UEI
SG2DQRMWJYL6
Street 1
100 MYRTLE AVE
City
CLEARWATER"
Zip/Postal Code
33756
County/Parish
Award Details
Federal Award Date
9/22/22
Award -Number
15P BJA-22-GG-02049-JA.GX
Federal Award Amount
540,122.00
Street 2
State/U.S. Territory
Florida
Country
United States
Province
Award Type
Initial
Supplement Number
00
Funding Instrument Type
Grant
Assistance Listing Number Assistance Listings Program Title
16.738
Edward Byrne Memorial Justice Assistance
Grant Program
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Funded Award FAW-170873
Statutory Authority
Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726),
including subpart 1 of part E (codified at 34 U.S.C. 10151- 10158); see also
28 U.S.C. 530C(a)
r._
I have read and understand the information presented in this section of the Federal Award
Instrument.
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This award Is offered subject to the conditions or limitations set forth in the Award
Information, Project Information, Financial Information, and Award Conditions.
Solicitation Title
2022 BJA FY 22 Edward Byrne
Memorial Justice Assistance Grant
Program - Local Solicitation
Application Number
GRANT13689568
Awarding Agency
oJP
Program Office
BJA
Grant Manager Name Phone Number
Tarasa Napolitano 202-598-7372
E-mail Address
Tarasa.Napolitano@usdoj.gov
Project Title
Clearwater Police Department Mental Health Co -Responder Program
Performance Period
Start Date
Performance Period
End Date
10/01/2021 09/30/2025
Budget Pertod Start Budget Period End
Date Date
10/01/2921 09/30/2025
Project Description
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows
units of local government, including tribes, to support a broad range of
activities to prevent and control crime based on their own state and local
needs and conditions. Grant funds can be used for state and local
initiatives, technical assistance, training, personnel, equipment, supplies,
contractual support, and information systems for criminal justice or civil
proceedings, including for any one or more of the following program areas:
1)' law enforcement programs; 2) prosecution and court programs; 3)
prevention and education programs; 4) corrections and community
corrections programs; 5) drug treatment and enforcement" programs;. 6)
planning, evaluation, and technology improvement programs; 7) crime
victim and witness programs (other than compensation); 8) mental health
programs and related law enforcement and corrections programs, including
behavioral programs and crisis intervention teams; and 9) implementation
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of state crisis intervention court proceedings and related programs or
initiatives, including but not limited to: mental health courts; drug courts;
veterans courts; and extreme risk protection order programs.
I have read andunderstand the information presented in this section of the Federal Award
Instrument.,
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This award is offered subject to the conditions or limitations set forth in the Award
Information, Project Information, Financial Information, and Award Conditions.
I have read and understand the information presented in this section of the Federal Award
Instrument.
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This award is offered subject to the conditions or limitations set forth in the Award
Information, Project. Information, Financial Information, and Award Conditions.
1
Compliance with general appropriations -law restrictions on the use of federal funds
(FY 2022)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable restrictions on the use offederal funds set out in federal appropriations
statutes. Pertinent restrictions, including from various "general provisions" in the
Consolidated. Appropriations Act, 2022, are set out at
https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are
incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient
(or a subrecipient) would or might fall within the scope of an appropriations -law
restriction, the recipient is to contact OJP for guidance, and may not proceed without
the express prior written approval of OJP.
2'
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in
2 C.F.R. Part 200, ;as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together,
the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.
The Part• 200.Uniform Requirements were first adopted by DOJ on December 26,
2014 If this FY 2022 award supplements funds previously awarded by OJP under the
same award number (e.g., funds awarded during or before December 2014), the Part
200 Uniform Requirements apply with respect to all funds under that award number.
(regardless of the,award date, and regardless of whether derived from the initial
award or a supplemental award) that are obligated on or after the acceptance date of
this FY 2022 award,
For more information and resources on the Part 200 Uniform Requirements as they
relateto OJP awards and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part2000niformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and
any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3
years from the date of submission of the final expenditure report (SF 425), unless a
different retention period applies -- and to which the recipient (and any subrecipient
("subgrantee") at any tier) must provide access, include performance measurement
information, in addition to the financial records, supporting documents, statistical
records, and other pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award -related question arises from documents or other materials
prepared or distributed by OJP that may appear to conflict with, or differ in some way
from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact
OJP promptly for clarification.
rEi3
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Requirement to report actual or imminent breach of personally identifiable
information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in
place torespond in the event of an actual or imminent "breach" (OMB M-17-12) if it
(or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains,
disseminates, "discloses, or disposes of "Personally Identifiable Information (PII)" (2
CFR 200.1) within the scope of an OJP grant -funded program or activity, or (2) uses or
operates a`"Federal information system" (OMB Circular A-130). The recipient's breach
procedures must include a requirement to report actual or imminent breach of PII to
an OJP Program Manager no later than 24 hours after an occurrence of an actual
breach, or the detection of an imminent breach.
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient
("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to
the OJP Training Guiding Principles for Grantees and Subgrantees, available at
https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-
subgrantegs._
5.,
Requiredtraining fqr Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have
successfully completed an "OJP financial management and grant administration
training" by 120 days after the date of the recipient's acceptance of the award.
Successful completion of such a training on or after October 15, 2020, will satisfy this
condition.
In the event that either the Grant Award Administrator or a Financial Manager for this
award changes during the period of performance, the new Grant Award Administrator
or Financial Manager must have successfully completed an "OW financial
management and grant administration training" by 120 calendar days after the date
the Entity Administrator enters updated Grant Award Administrator or Financial
Manager information in JustGrants,. Successful completion of such a training on or
after Jan.uary_1, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant
administration training" for purposes of this condition is available at
https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include
a session on grant fraud prevention and detection.
The recipient should. anticipate that OJP will immediately withhold ("freeze") award
funds if the recipient fails to comply with this condition. The recipient's failure to
comply also may lead OJP to impose additional appropriate conditions on this award.
Effect of failure to address audit issues
The, recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as
'appropriate) may withhold award funds, or may impose other related requirements, if
(as determined by the DOJ awarding agency) the recipient does not satisfactorily and
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promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements (or by the terms of this award), or other outstanding issues that arise in
connection with audits, investigations, or reviews of DOJ awards.
Requirements of the -award; remedies for non-compliance or for materially false
statements;
The conditions of award are material requirements of the award. Compliance with
any assurances or certifications submitted by or on behalf of the recipient that relate
to conduct during the period of performance also is a material requirement of this
award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice
("DOJ") may determine that it will not enforce, or enforce only in part, one or more
requirements otherwise applicable to the award. Any such exceptions regarding
enforcement, including any such exceptions made during the period of performance,
are (or will be during the period of performance) set out through the Office of Justice
Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to
particular award conditions" (ojp.gov/funding/Explore/LegalNotices-
AwardRegts.htm), andincorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized
recipient official accepts all material requirements of the award, and specifically
adopts, as if personally executed by the authorized recipient official, all assurances or
certifications -submitted by or on behalf of the recipient that relate to conduct during
theperiod, of -performance.
Failure to comply with one or more award requirements --whether a condition set
out in full below, a condition incorporated by reference below, or an assurance or
certification related to conduct during the award period -- may result in OJP taking
appropriate action with respect to the recipient and the award. Among other things,
the OJP may withhold award funds, disallow costs, or suspend or terminate the
award, DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government
related to this award (or concealment or omission of a material fact) may be the
subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or
34 U.S.C, 10271-102.73), and also may lead to imposition of civil penalties and
administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-
3730 and 3801-3812):
Should any provisibnof a requirement of this award be held to be invalid or
unenforceable by its terms, that provision shall first be applied with a limited
construction'so as to give it the maximum effect permitted by law. Should it be held,
instead, that the provision is utterly invalid or -unenforceable, such provision shall be
deemed severable from this award.
rEi8
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28
C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time),
specifically including any applicable requirements regarding written notice to program
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beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific
forms of discrimination on the. basis of religion, a religious belief, a refusal to hold a
religious belief, or refusal to attend or participate in a religious practice. Part 38,
currently, also sets out rules and requirements that pertain to recipient and
subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious
activities, as well as rules and requirements that pertain to recipients and
subrecipients that are faith -based or religious organizations.
The text of 28 C.F.R.: Part 38 is available via the Electronic Code of Federal Regulations
(currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by
browsing to Title 28 Judicial Administration, Chapter 1, Part 38, under e -CFR "current"
data.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination 28
C.F.R..Part 42
The recipient; and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Part 42, specifically including any applicable
requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment
opportunity program.
rE110
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28
C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on
the basis of sex in certain "education programs."
Compliance with 41 U.S.C. 4712 (includingprohibitions on reprisal; notice to
employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all
applicable provisions of 41 U.S.C. 4712, including all applicable provisions that.
prohibit, under specified circumstances, discrimination against an employee as
reprisal for the employee's disclosure of information related to gross mismanagement
of a federal grant, a gross waste of federal funds, an abuse of authority relating to a
federal grant, a substantial and specific danger to public health or safety, or a violation
of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant
native language of the workforce), of employee rights and remedies under 41 U.S.C.
4712.
Should-a,ciuestionarise as tothe applicability of the provisions of 41 U.S.C, 4712 to
this award, the recipient is to contact the D01 awarding agency (OJP or OVW, as
appropriate) for guidance.
EM112
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Compliance with applicable rules regarding approval, planning, and reporting of
conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable laws, regulations, policies, and official DOJ guidance (including specific cost
limits, prior approval and reporting requirements, where applicable) governing the
use of federal funds for expenses related to conferences (as that term is defined by
DOJ), including the provision of food and/or beverages at such conferences, and costs
of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to
this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of
"Postaward Requirements" in the "DOJ Grants Financial Guide").
M13' ..:
Requirementfor data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and
effectiveness of work under this award. The data must be provided to OJP in the
manner (including within the timeframes) specified by OJP in the program solicitation
or other applicable written guidance. Data collection supports compliance with the
Government Performance and Results Act (GPRA) and the GPRA Modernization Act of
2010, and other applicable laws.
14
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other
applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R.
200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP
in writing of both its eligibility and its election, and must comply with all associated
requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be
applied only, to modified total direct costs (MTDC) as defined by the Part 200 Uniform
Requirements.
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M15
Determination of suitability to interact with participating minors
SCOPE This condition applies to this award if it is indicated -- in the application for the
award (as approved by DOJ)(or in the application for any subaward, at any tier), the
DOJ funding announcement (solicitation), or an associated federal statute -- that a
purpose of some or all of the activities to be carried out under the award (whether by
the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18
years of age.
The recipient, and any subrecipient at any tier, must make determinations of
suitability before certain individuals may interact with participating minors. This
requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at
https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition:
Determination of suitability required, in advance, for certain individuals who may
interact with participating minors), and are incorporated by reference here.
16
Requirement to disclose whether recipient is designated "high risk" by a federal grant -
making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant -making agency outside of
DOJ,, currently or at any time during the course of the period of performance under
this award, the recipient must disclose that fact and certain related information to OJP
by email at.OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,
high risk includes any status under which a federal awarding agency provides
additional oversight due to the recipient's past performance, or other programmatic
or -financial concerns with the recipient. The recipient's disclosure must include the
following: 1. The federal awarding agency that currently designates the recipient high
risk, 2. The date the recipient was designated high risk, 3. The high-risk point of
contact at that federal awarding agency (name, phone number, and email address),
and 4 :The reasons for the high-risk status, as set out by the federal awarding agency.
M17.
Compliance with DOJ Grants Financial Guide
References to the, DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as
posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at
https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that
may be.poSted during the period of performance. The recipient agrees to comply with
the DOJ Grants Financial Guide.
Ej18
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging
While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and
subrecipients ("subgrantees") to adopt and enforce policies banning employees from
text messaging while driving any vehicle during the course of performing work funded
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by this award, and to establish workplace safety policies and conduct education,
awareness, and other outreach to decrease crashes caused by distracted drivers.
M19
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed
by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of
performance for this award, if the recipient is designated as "high-risk" for purposes
of the DOJ high-risk grantee list.
M�0
Employment eligibility verification for hiring under the award
1. The recipient (and any.subrecipient at any tier) must --
A. Ensure that, as part of the hiring process for any position within the United States
that is or will be funded (in whole or in part) with award funds, the recipient (or any
subrecipient) properly verifies the employment eligibility of the individual who is
being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notifyall persons associated with the recipient (or any subrecipient) who are or will
be involved in activities under this award of both --
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it
unlawful, in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this
condition to be notified of the award requirement for employment eligibility
verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200
Uniform Requirements), maintain records of all employment eligibility verifications
pertinent to compliance with this award condition in accordance with Form 1-9 record
retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient
compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program,
award funds may be obligated for the reasonable, necessary, and allocable costs (if
any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under
this award" specifically includes (without limitation) any and all recipient (or any
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subrecipient) officials or other staff who are or will be involved in the hiring process
with respect to a position that is or will be funded (in whole or in part) with award
funds.
B. Employment eligibility confirmation with E -Verify
Forpurposesof satisfying the requirement of this condition regarding verification of
employment eligibility, the recipient (or any subrecipient) may choose to participate
in, and use, E -Verify (www.e-verify.gov), provided an appropriate person authorized to
act on behalf of the recipient (or subrecipient) uses E -Verify (and follows the proper E -
Verify procedures; including in the event of a "Tentative Nonconfirmation" or a "Final
Nonconfirmation") to confirm employment eligibility for each hiring for a position in
the United States that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam,
the Virgin islands of the United States, and the Commonwealth of the Northern
Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient,
any subrecipient at any tier, or any person or other entity, to violate any federal law,
including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve
any recipient, any subrecipient at any tier, or any person or other entity, of any
obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions. about E -Verify should be directed to DHS. For more information about E -
Verify visit the E -Verify website (https://www.e-verifygov/) or email E -Verify at E-
Verify@dhs.gov. E -Verify employer agents can email E -Verify at E-
VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP,
before award acceptance.
rff121
Restrictions,and;certifications regarding non -disclosure agreements and related
matters
No recipientor subrecipient ("subgrantee") under this award, or entity that receives a
procurement contract or subcontract with any funds under this award, may require
any employee or contractor to sign an interna) confidentiality agreement or statement
that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting
(in accordance with law) of waste, fraud, or abuse to an investigative or law
enforcement representative of a federal department or agency authorized to receive
such information.
The foregoing is not intended, and shall not be understood by the agency making this
award, to contravene requirements applicable to Standard Form 312 (which relates to
classified information),; Form 4414 (which relates to sensitive compartmented
information), or any other form issued by a federal department or agency governing
the nondisclosure, of classified information.
1. In accepting this award, the recipient --
a. represents that it neither requires nor has required internal confidentiality
agreements or statements from employees or contractors that currently prohibit or
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otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if itlearns or is notified that it is or has been requiring its employees
or contractors to, execute agreements or statements that prohibit or otherwise restrict
(or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described
above, it will immediately stop any further obligations of award funds, will provide
prompt written notification to the federal agency making this award, and will resume
(or permit. resumption of) such obligations only if expressly authorized to do so by
that agency.
2. If the-recipientdoes or is authorized under this award to make subawards
("subgrants"), procurement contracts, or both--.
a. it represents that
(1) it has determined that no other entity that the recipient's application proposes
may or will receive award funds (whether through a subaward ("subgrant"),
procurement contract, or subcontract under a procurement contract) either requires
or has required internal confidentiality agreements or statements from employees or
contractors that currently prohibit or otherwise currently restrict (or purport to
prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as
described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to
support this representation; and
b. it certtfies'that, it it learns or is notified, that any subrecipient, contractor, or
subcontractor entity that receives funds under this award is or has been requiring its
employees or contractors to execute agreements or statements that prohibit or.
otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or
abuse as described above, it will immediately stop any further obligations of award
funds to or by that entity, will provide prompt written notification to the federal.
agency making this award, and will resume (or permit resumption of) such obligations
only if expressly authorized to do so by that agency.
En22
Reclassification of various statutory provisions to a new Title 34 of the United States
Code
On Septeliiber 1, 2017, various statutory provisions previously codified elsewhere in
the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new
Title 34, entitled "Crime Control and Law Enforcement." The reclassification
encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP
grants and cooperative agreements), including many provisions previously codified in
Title 42 of the U,S.''Code:
Effective as of September 1, 2017, any reference in this award document to a
statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to
be read as a reference to that statutory provision as reclassified to Title 34. This rule
of construction specifically includes references set out in award conditions, references
set out in material incorporated by reference through award conditions, and
references set out in other award requirements.
rEr23
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AM subawards ("subgrants") must have specific federal authorization
The recipient,,and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements for authorization of any subaward. This condition applies to
agreements that -- for purposes of federal grants administrative requirements -- OJP
considers a'"subaward" (and therefore does not consider a procurement "contract").
Thedetails of the requirement for authorization of any subaward are posted on the
OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization,htm (Award
condition: Alt subawards ("subgrants") must have specific federal authorization), and
are incorporated by reference here.
Requirements related to System for Award Management and Universal Identifier
Requirements
The recipient must comply with applicable requirements regarding the System for
Award Management (SAM), currently accessible at https://www.sam.gov/. This
includes applicable requirements regarding registration with SAM, as well as
maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards
("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions
on subawarcis to entities that do not acquire and provide (to the recipient) the unique
entity identifier required for SAM registration.
The details of therecipient`s obligations related to SAM and to unique entity
identifiers are posted on the OJP web site at
https;//ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award
Management (SAM) and Universal Identifier Requirements), and are incorporated by
reference here.
This condition,does not apply to an award to an individual who received the award as
a natural. person (i.e,„ unrelated to any business or non-profit organization that he or
she may.owrtor operate in his or her name).
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used
by the recipient, or;any subrecipient ("subgrantee") at any tier, either directly or
indirectly; to=support or oppose the enactment, repeal, modification, or adoption of
any. law; regulation; or policy, at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain
activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used
by the recipient, or any subrecipient at any tier, to pay any person to influence (or
attempt to influence) a federal agency, a Member of Congress, or Congress (or an
official or employee of any of them) with respect to the awarding of a federal grant or
cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to
actions such as renewing, extending, or modifying any such award. See 31 U.S.C.
1352. Certain exceptions to this law apply, including an exception that applies to
Indian tribes and tribal organizations.
•
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Should any question arise as to whether a particular use of federal funds by a
recipient (or subrecipient) would or might fall within the scope of these prohibitions,
the recipient is to contact OJP for guidance, and may not proceed without the express
prior written approval of OJP.
M26
Specific post -award approval required to use a noncompetitive approach in any
procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements to obtain specific advance approval to use a noncompetitive
approach i:n.any procurement contract that would exceed the Simplified Acquisition
Threshold (currently, $250,000). This condition applies to agreements that -- for
purposes of federal grants administrative requirements -- OJP considers a
procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive
approach in a procurement contract under an OJP award are posted on the OJP web
site at https.://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award
condition: SPecific post -award approval required to use a noncompetitive approach in
a procurement contract (if contract would exceed $250,000)), and are incorporated by
reference here.
CE127
Requirements pertaining to prohibited conduct related to trafficking in persons
(including reporting requirements and OJP authority to terminate award)
The recipient,.and any subrecipient ("subgrantee") at any tier, must comply with all
applicable. requirements(including requirements to report allegations) pertaining to
Prohibited conduct related to the trafficking of persons, whether on the part of
recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this
condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to
trafficking in persons are posted on the OJP web site at
https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition:
Prohibited conduct by recipients and subrecipients related to trafficking in persons
(including reporting requirements and OJP authority to terminate award)), and are
incorporated by reference here.
M28
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient
receives any other award of federal funds during the period of performance for this
award, the recipient promptly must determine whether funds from any of those other
federal awards havebeen, are being, or are to be used (in whole or in part) for one or
more of the identical cost items for which funds are provided under this award. If so,
the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as
appropriate) in writing of the potential duplication, and, if so requested by the. DOJ
awarding agency, must seek a budget -modification or change -of -project -scope Grant
Award Modification (GAM) to eliminate any inappropriate duplication of funding.
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rE129
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer
to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal,
employee, agent, subrecipient, contractor, subcontractor, or other person has, in
connection with funds under this award-- (1) submitted a claim that violates the False
Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud,
conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to:funds .under this
award should be reported to the OIG by--(1) online submission accessible via the OIG
webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit. Report
Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector
General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW,
Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations
Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the. DOJ OIG website at
https //oig,justice.gov/hotline.
Ej30
FFATA,reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards
("subgrants") of $30,000 or more and, in certain circumstances, to report the names
and total compensation of the five most highly compensated executives of the
recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The
details of recipient obligations, which derive from the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), are posted on the OJP website at
https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards
and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of
less. than $30,000, or (2) an award made to an individual who received the award as a
natural person (Le., unrelated to any business or non-profit organization that he or
she may own or operate in his or her name).
(M31
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and
procedures,, and to cooperate with BJA and OCFO on all grant monitoring requests,
including request's related to desk reviews, enhanced programmatic desk reviews,
and/or site visits: The recipient agrees to provide to BJA and OCFO all documentation
necessary to cornplete monitoring tasks, including documentation related to any
subawards made under this award. Further, the recipient agrees to abide by
reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in
sanctions affecting the recipient's DOJ awards, including, but not limited to:
withholdings and/or other restrictions on the recipient's access to grant funds; referral
to the Office of the Inspector General for audit review; designation of the recipient as
a DOJ High Risk grantee; or termination of an award(s).
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Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all
applicable statutes, regulations, award conditions, and the DOJ Grants Financial
Guide, and must include the applicable conditions of this award in any subaward.
Among other things, the recipient is responsible for oversight of subrecipient
spending and monitoring of specific outcomes and benefits attributable to use of
award funds by.subrecipients. The recipient agrees to submit, upon request,
documentation of its policies 'and procedures for monitoring of subawards under this
award.
M33
Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in
accordance with the provisions of the Part 200 Uniform Requirements. Program
income earnings and expenditures both must be reported on the quarterly Federal
Financial Report, SF 425.
1E134
Justice Information; Sharing
Information -sharing projects funded under this award must comply with DOJ's Global
Justice Information Sharing Initiative (Global) guidelines. The recipient.(and any.
subrecipient at any tier) must conform to the Global Standards Package (GSP) and all
constituentelements, where applicable, as described at: https:/ / it.ojp.gov/
gsp_grantco.ndition. The recipient (and any subrecipient at any tier) must document
planned approaches to information sharing and describe compliance with the GSP
and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
M35
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for
law enforcement information sharing systems which involve interstate connectivity
between jurisdictions, such systems shall employ, to the extent possible, existing
networks as .the communication backbone to achieve interstate connectivity,.unless
the recipient can demonstrate to the satisfaction of BJA that this requirement would
not be cost-effective orwould impair the functionality of an existing or proposed IT
system.
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CE136
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds
under this award, the recipient (and any subrecipient at any tier) must comply with 28
C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this
regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable,
OJP may; at its discretion, perform audits of the system, as per the regulation. Should
any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C.
10231(c) -(d): The recipient may not satisfy such a fine with federal funds.
r 37
Protection_of-human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of
28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of
human research: subjects, including obtainment of Institutional Review Board
approval, if appropriate, and subject informed consent.
rff138
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality
requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection,
use, and revelation of data or information. The recipient further agrees, as a condition
of award approval, to submit a Privacy Certificate that is in accord with requirements
of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
M39
The award recipient agrees to participate in a data collection process measuring
program outputs and outcomes. The data elements for this process will be outlined by
the Office of Justice Programs.
1E140
The recipient agrees to cooperate with any assessments, national evaluation efforts,
or information or data collection requests, including, but not limited to, the provision
of any information required for the assessment or evaluation of any activities within
this project:
Et141
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement
task force funded with award funds who is a task force commander, agency executive,
task force officer, or other task force member of equivalent rank, must complete
required online (internet-based) task force training. Additionally, all future task force
members must complete this training once during the period of performance for this
award, or once every four years if multiple OW awards include this requirement.
The required training is available free of charge online through the BJA-funded Center
for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task
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force effectiveness, as well as other key issues including privacy and civil
liberties/rights; task force performance measurement, personnel selection, and task
force oversight and accountability. If award funds are used to support a task force, the
recipient must compile and maintain a task force personnel roster, along with course
completion certificates.
Additional information regarding the training is available through BJA's web site and
the Center for Task Force Integrity and Leadership (www.ctfli.org).
42
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of
$650 per day. A detailed justification must be submitted to and approved by the OJP
program office prior to obligation or expenditure of such funds.
rEi43.
The recipient understands that, in accepting this award, the Authorized
Representative declares and certifies, among other things, that he or she possesses
the requisite legal authority to accept the award on behalf of the recipient entity and,
in so doing, accepts (or adopts) all material requirements that relate to conduct
throughout the period of performance under this award. The recipient further
understands, and agrees, that it will not assign anyone to the role of Authorized
Representative during the period of performance under the award without first
ensuring that the individual has the requisite legal authority.
IM44
Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in
complying with. the National Environmental Policy Act (NEPA), the National Historic
Preservation Act, and other related federal environmental impact analyses
requirements in the use of these award funds, either directly by the recipient or by a
subrecipient; Accordingly, the recipient agrees to first determine if any of the
following activities will be funded by the grant, prior to obligating funds for anyof
these purposes. If it is determined that any of the following activities will be funded
by the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out
below, whether or not they are being specifically funded with these award funds. That
is, as long as the activity is being conducted by the recipient, a subrecipient, or any
third party, and the activity needs to be undertaken in order to use these award funds,
this condition must first be met. The activities covered by this condition are:
a. New -construction;
b. Minor renovation or remodeling of a property located in an environmentally or
historically sensitive area, including properties located within a 100 -year flood plain, a
wetland, or habitat for endangered species, or a property listed on or eligible for
listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a)
result in a change in its basic prior use or (b) significantly change its size;
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d. Implementation of a new program involving the use of chemicals other than
chemicals that are (a) purchased as an incidental component of a funded activity and
(b) traditionally used, for example, in office, household, recreational, or education
environments; and
e. implementation of a program relating to clandestine methamphetamine laboratory
operations, including the identification, seizure, or closure of clandestine
methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the
preparation of. an Environmental Assessment and/or an Environmental Impact
Statement, as directed by BJA. The recipient further understands and agrees to the
requirements. for.iimplementation of a Mitigation Plan, as detailed at
https://bia.gov/Funding/nepa.html, for programs relating to methamphetamine
laboratory. operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of
the recipient's or its subrecipients' existing programs or activities that will be funded
by these award funds, the recipient, upon specific request from BJA, agrees to
cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
5
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with
respect to.a subaward) is required to establish a trust fund account. Recipients (and
subrecipients) must maintain advance payments of federal awards in interest-bearing
accounts,unless, regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund,
including any interest, may not be used to pay debts or expenses incurred by other
activities beyond the scope of the Edward Byrne Memorial Justice Assistance. Grant
Program (JAG) The, recipient also agrees to obligate the award funds in the trust fund
(including any interest earned) during the period of performance for the award and
expend within 90 days thereafter. Any unobligated or unexpended funds, including
interest earned, must be returned to OJP at the time of closeout.
All State and Local JAG recipients must submit quarterly Federal Financial. Reports (SF -
425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit
semi-annual performance reports through JustGrants and Local JAG Category One
(Less than $25K). must submit annual performance reports through JustGrants.
Consistent with the Department's responsibilities under the Government Performance
and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must
provide:data that measure the results of its work. The recipient must submit quarterly
performance ;metriesreports through BJA's Performance Measurement Tool (PMT)
website (www.bjaperformancetools.org). For more detailed information on reporting
and other JAG requirements, refer to the JAG reporting requirements webpage.
Failure to submitrequired JAG reports by established deadlines may result in the
freezing of grant funds and future High Risk designation.
X47
Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub -awarded funding from this JAG
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award must submit quarterly accountability metrics data related to training that
officers have received on the use of force, racial and ethnic bias, de-escalation of
conflict, and "constructive engagement with the public.
M48
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by
the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director
certifies that extraordinary and exigent circumstances exist, making such expenditures
essential to the maintenance of public safety and good order.
MI49
Authorization to obligate (federal) award funds to reimburse certain project costs
incurred on, or after October 1, 2021
The recipient may obligate (federal) award funds only after the recipient makes a valid
acceptance of the award. As of the first day of the period of performance for the
award (October 1, 2021), however, the recipient may choose to incur project costs
using non-federal funds, but any such project costs are incurred at the recipient's risk
until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2)
all applicable withholding conditions are removed by OJP (via an Award Condition
Modification (ACM)). (A withholding condition is a condition in the award document
that precludes the recipient from obligating, expending, or drawing down all or a
portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes
reimbursement of project costs incurred "at -risk," if and when the recipient makes a
valid accep.tance of this award and OJP removes each applicable withholding
condition through an Award Condition Modification (ACM), the recipient is authorized
to obligate _(federal) award funds to reimburse itself for project costs incurred "at -risk"
earlier during the period of performance (such as project costs incurred prior to
award acceptance or prior to removal of an applicable withholding condition),
provided that those project costs otherwise are allowable costs under the award.
Myo
If award funds are used for DNA testing of evidentiary materials, any resulting eligible
DNAprofiles must be uploaded to the Combined DNA Index System ("CODIS," the
DNA database operated by the FBI) by a government DNA laboratory with access to
CODIS. No profiles generated under this award may be entered or uploaded into any
non-governmental DNA database without prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless
the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies
should work with their state CODIS agency to ensure all requirements are met for
participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures
Manual).
Load mo
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Funded Award FAW-170873
I have read and understand the information presented in this section of the Federal Award
Instrument.
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Funded Award FAW-170873
Declaration and Certification to the U.S. Department
of Justice as to Acceptance
By checking the declaration and certification box below,
A. Declare to the U,5. Department of Justice (DOJ),
under penalty of perjury, that I have authority to make
this declaration and certification on behalf of the
applicant::
B. Certify to DOJ, under penalty of perjury, on behalf of
myself and the applicant, to the best of my knowledge and
belief, that the following are true as of the date of this
award acceptance: (1) I have conducted or there was
conducted (including by applicant's legal counsel as
appropriate and made available to me) a diligent review of
all terms and conditions of, and all supporting materials
submitted in connection with, this award, including any
assurances and certifications (including anything submitted
in connection therewith by a person on behalf of the
applicant before, after, or at the time of the application
submission and any materials that accompany this
acceptance and certification); and (2) I have the legal
authority to accept this award on behalf of the applicant.
Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of
perjury, on behalf of myself and the applicant: (1) I
understand that, in taking (or not taking) any action
pursuant to this declaration and certification, DOJ will
rely upon this declaration and certification as a material
representation; and (2) I understand that any materially
false, fictitious, or fraudulent information or statement in
this declaration and certification (or concealment or
omission of a material fact as to either) may be the
subject of criminal prosecution (including under 18 U.S.C.
§§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273),
and also may subject me and the applicant to civil penalties
and administrative remedies under the federal False
Claims Act (including under 31 U.5.C. §§ 3729-3730 and/or
§§ 3801-3812) or otherwise.
Agency Approval
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Title of Approving
Official Official
Deputy Assistant Maureen
Attorney General Henneberg
Name of Approving
Authorized Representative
Entity Acceptance
Title of Authorized Entity Official
City. Clerk
Signed Date And Time
Funded Award FAW-170873
Signed Date And
Time
9/18/22 2:34 PM
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Signature Page — Acceptance of Edward Byrne Justice Assistance Grant (JAG) award in the
amount of $40,122 for the Mental Health Co -Responder Team
Countersigned:
Brian J. Aun
Mayor
Approved as to form:
Melissa Isabel
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
JetnSifdf Pofrrier
City Manager
Attest:
Rosemarie CaII
City Clerk
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Project Description
Problem Identification:
Clearwater Police Department (CPD) officers are often the first point of contact for individuals
struggling with diagnosed and un -diagnosed mental health conditions in the City of Clearwater. In
many instances, officers encounter the same individuals time and time again. These encounters
can become volatile at times, with the threat of harm to both the officer and the person in crisis.
Many controversial incidents involving police started as an incident involving a person with mental
illness.
Officers often find themselves being criticized for handling such incidents as a criminal matter
when the contact should be handled as a mental health call. However, officers are not provided
resources or immediate access to resources to handle a mental health call beyond initiating an
emergency hospitalization for a mental health evaluation under a Baker Act. This can leave a
person suffering from mental illness disrupting a community or create pressure for an officer to
"solve the problem."
Officers unfortunately, by no fault of their own, will often solve the problem by initiating a Baker
Act of a person who arguably does not qualify for a Baker Act or by making an arrest of a person
when they would not otherwise because of the minor nature of the offense. Even when an officer
initiates a Baker Act, a person suffering chronic mental illness is often released after a short period
of time and directed to obtain follow-up treatment, that may not be available for up to one to two
months. The follow-up treatment often does not occur as the patient may not have the capacity to
make sure they schedule the follow-up, or even believe they need treatment in the first place' due
to their state of mind. This does not provide the best service to the citizen experiencing mental
illness' and allows the issue to persist without proper attention.
CPD has always been in the forefront of proactive community policing and is committed to
addressing the challenges faced by the mentally ill in Clearwater. Currently over 75% of all sworn
CPD officers have undergone Crisis Intervention Training (CIT), the Clearwater Police
Communication Center personnel have received Crisis Intervention Training for Communications
Workers, and the`sworn' personnel that have not received CIT have all received Mental Health First
Aid training. This training has been helpful, but additional approaches to addressing calls involving
mental illness is necessary.
In an effort to provide a more appropriate response, the Clearwater Police Department proposes
the introduction of a pilot program co -responder model that will pair a police officer up with a
mental health professional to respond to calls with persons in crisis and conduct follow-up with
persons experiencing challenges around mental health to make every effort to connect the person
to the appropriate services.
Background
According to the National Alliance on Mental Illness (NAM!), one in five Americans is affected by
mental illness in a given year. An individual who is in the midst of a mental health crisis will no
doubt find the first responder to calls for assistance is a police officer. These encounters with law
enforcement' Unfortunately sometimes end with the individual being arrested and jailed. The
Stepping .4Jp•Initiative, whose mission is to reduce the number of people with mental illnesses in
jail, estimatesthat'two million people with serious mental illness are admitted to jails across the
country each_yearrThese individuals are much more likely to stay in jail longer and have a higher
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rate of being -incarcerated again in the future than those not affected by mental illness.
According to Miarni-Dade County Judge Steve Leifman, one of the nation's foremost authorities on
the criminalization of mental illness, people with mental illnesses in this country will be jailed four
to eight times longer than someone without a mental illness. According to the World Health
Organization, jails are hardly the ideal environment for anyone suffering from a mental illness. The
very nature of a jail is certain to have a negative impact on anyone's mental health, but particularly
on one who is already struggling with mental illness. Some of the challenges for the mentally Min
jail include overcrowding, violence, noise, enforced solitude, lack of privacy, lack of meaningful
activity, isolation from social networks, and inadequate health services, especially mental health
services.
To address the call categories involving mental illness more efficiently, the Clearwater Police
Department partnered with Directions For Living in 2018 to conduct the pilot program, "Mental
Health Check Team." The program was initially structured to focus on a sub -group of "high
utilizers' orpersons that were the subject of frequent calls associated with mental illness. The
team was tasked with making regular, reoccurring contact with this sub -group when the person
was not in crisis to make sure treatment was on-going, develop a rapport with the individual, and
seek to intervene when necessary prior to a person experiencing a full-blown crisis.
The Clearwater Police Department initially struggled to identify and locate high utilizers, the
historical time frame of the data was too long resulting in difficulty locating clients. The team
quickly adapted and learned the data needed to be analyzed with a shorter time interval, and be
less historical. Directions For Living was a viable partner and exceeded expectations. However,
Directions For Living was able to address client needs more efficiently when the client was a
patient of Directions For Living. They were able to assist with navigation when the client was not a
patient of Directions For Living, but with less efficiency by no fault of the provider. Once the grant
funding for the pilot was exhausted, the pilot did not continue due to above listed issues.
Current Situation
In Clearwater, the mentally ill continue to present a real challenge for the CPD and its officers.
Mental Illness does' not discriminate — the people that CPD officers deal with are individuals from a
variety of economic, educational, racial, and social backgrounds. Sadly, Clearwater police officers
regularly deal with tremendous number of calls for service involving people with mental health
issues. In fiscal year 2020, the Clearwater Police Department responded to "at least" 1,399 calls
for service that were mental health related. An analysis of the 2020 call data reveals the most calls
related to mental health are received Monday through Friday, between the hours of 8am and
7pm. However, the ability to analyze the data is limited.
The "at least" reference to the data is necessary because many calls involving people with mental
illness are classified as petty crimes or other titles that are not easily mined without having an
analyst read every police call for service. For example, a call may be classified as a disturbance,
suspicious:person, trespassing, or a variety of other minor titles. In many of these titles, a person
involved may not be suicidal or dangerous, but the person's behavior may be related to a mental
healthcdhdition."Officers need an available resource to call to a scene when there may be an
underlying Mental health condition.
Police contacts with persons suffering from mental illness have the potential to become volatile, as
the person may become agitated and resist any attempts of assistance. This can result in officers
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needing to resort to use of force or in extreme circumstances, SWAT team call -out, to safely secure
the individual to submit to an involuntary mental health examination (Baker Act). Neither of these
options is in the best interests of police or the individual in crisis, with a tremendous risk of injury
to everyone involved. Research has shown approximately 20% of police shootings involve a person
who has mental health problems. While trying to reduce the impact on police resources is a
benefit this program seeks, the primary goal is to achieve better outcomes and to provide proper
treatment to individuals to avoid a tragedy when a person is in crisis.
Proposal
The Clearwater Police Department seeks to initiate a pilot program that pairs a police officer with
a mentarhealth professional that is contracted through Pinellas County and working in
collaboration with the Pinellas County Sheriff's Office Mental Health Unit. The construct of this
program that is unique is the mental health professional will be a Pinellas County employee and
not affiliated with an individual local provider. This will allow for an agnostic approach to the
mental health services, allowing the professional to connect a client to a provider that meets the
specific and unique needs of the client. Furthermore,
this program collaboration with the Pinellas County Sheriff's Office will functionally consolidate
this service to avoid` creating additional complexity to a provider system that is already
underfunded and struggles to meet community demand.
Additionally, due to the unique responsibility of operating a jail that provides medical services, the
Sheriff's Office has multiple partnerships the Clearwater Police Department can leverage through
this progr'arn such as the Pinellas Integrated Care (PIC) team which addresses treatment barriers
and gaps.'
The department proposes assigning two existing officer positions and contracting through the
Pinellas County Sheriff's Office for two mental health professionals. Each officer will be paired with
a mental health professional. The City of Clearwater will be assigned to these two teams with the
areas of responsibility for one team being Clearwater Police Department Districts I & II, and the
other teambeing assigned Clearwater Police Department District III. The hours of the co -
responder teams will be set from an analysis of call data based on when in -progress calls
associated with mental illness are most frequent. When not responding to in -progress calls, the
co -responder teams will assist and coordinate follow-up with persons suffering from mental
illness,
As part of this pilot, the Clearwater Police Department would enact enhancements to the Records
Management System (ACISS) and train personnel to capture calls involving mental illness by
adding a riew data field. This will allow for calls to be reviewed and triaged by the co -responder
team. Thiswillguide follow-up contacts for the team to conduct when not responding to in
progress calls`or calls from officers to respond. Additionally, officers will be able to call the co -
responder team to any call involving an underlying mental health issue or utilize the report writing
system td make referrals to the co -responder team.
The pilot is proposed to run through the 2021 calendar year at which time the success of the
program -Will be evaluated for permanent implementation. The program seeks to produce better
outcomes that reduce the need for repeat calls for service and reduce the number of times
standard patrol resources are used for mental health calls. The pilot also seeks to reduce the
number of:persons entering the criminal justice system for reasons related to mental illness, but
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statistically will be difficult to track.
The mission'of this project is as follows:
Provide an enhanced response to calls for service involving mental illness and more efficiently
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connect persons needing assistance to available programs.
The strategies of this program are as follows:
Provide an on -duty, co -responder team (police officer and mental health professional) during
periods of time whenmental illness related calls are more prevalent.
Assist persons suffering from mental illness to get the right level of care on a timetable that meets
the individual situation of the client.
The objectives/outcome measures of this program are as follows:
Objective: When available, the co -responder unit will respond at the request of on -scene
personnel or to in -progress calls associated with mental illness to facilitate and coordinate client
access to services.
Measure: The co -responder teams will seek to handle a minimum of 33% of the calls for service
associatedwith mental illness.
Measure: Review 100% of the recent Clearwater Police contacts with persons suffering from
mental illness entered in the Records Management System (ACISS) and evaluate the need to
conduct additional follow-up contacts.
Measure: The co -responder team will successfully connect clients to needed services as identified
by the mental health professional 100% of the time.
Program Expense
The department would use existing department personnel to staff the two officer positions
necessary. The department would negotiate a Memorandum of Understanding with the Pinellas
County Sheriff's Office to pay for the mental health professionals that would serve alongside the
officers for the co -responder team. The costs associated with funding two mental health
professionalsis $144,000 ($72,000 each). The duties and responsibilities and qualifications of the
mental health professional is attached to this proposal as an addendum (A).
Should the City Manager or Council wish to proceed, the police department would defer to the
Finance Department Office of Management and Budget for
the recorrirriendedfunding source. The 2019/2020 contract with the Pinellas County Sheriff's
Office for ancillary police services was underbudget by $161,623, and the City of Clearwater
recently had the unencumbered funds associated with this contract returned to the City of
Clearwater. The police department request could be satisfied utilizing these funds.
Conclusion
In today's world, law enforcement having regular contacts with persons who are suffering from
mental illness is a•given. It is necessary we provide officers with the resources to give proper
attention to mental health matters beyond training. Helping those suffering from mental illness get
connected.to the appropriate services will provide better outcomes for all involved.
Institutionalizing a.co-responder response for mental health relatedcalls is an emerging best
practice Partnering with the county for this initiative will provide for the best integration with the
mental health service community by not creating multiple, overlapping initiatives that add more
•
complexity- for: theservice providers to manage.
Should the City Manager and Council approve moving forward withthis pilot, the Clearwater
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Police Department -would negotiate the necessary MOU with the Pinellas County Sheriff's Office
and conducta selection process to identify and train the personnel to fill the officer positions. The
anticipated start date for the Clearwater pilot will be in January 2021.
ADDENDUM A
CRISIS RESPONSE SPECIALIST
Qualifications for the mental health professional are as follows:
• Graduation from an accredited college or university, recognized by the U.S. Department of
Education, with a`bachelor's degree in social work, psychology, counseling, or related field
• Graduation from an accredited college or university, recognized by the U.S. Department of
Education, with a master's degree in social work, psychology, counseling, or related field, preferred
• Two (2) years experience in case management, social work, or substance abuse treatment
The functions and responsibilities of the mental health professional are as follows:
• Works'in collaboration with law enforcement officers and deputies following their guidance and
direction in.respect to on -scene safety and protocol; • Responds to in -progress calls with law
enforcement officers and deputies in order to determine level of care required for individuals in
crisis; • Assists law enforcement when responding to potential individuals in crisis by conducting
an assessment, offering effective and efficient interventions, and coordinating care; • Prevents
unnecessary hospitalization or arrest of individuals with mental illness; • Assesses individual
treatment needs related to psychiatric, medical, social, and emotional care and follow-up after
Baker Act/Ex-parte to ensure engagement and access to services; • Coordinates medical response
with Jaw enforcement when medical safety is an issue; • Assesses an individual's risk for danger to
self or others and intervenes accordingly; • Exercises sound clinical judgment in determining an
individual's ability to remain safely in the community; • Develops a clinically sound safety plan in
the least restrictive setting, only utilizing the Baker Act when all other options have been
exhausted; •'Develops collaborative crisis treatment and discharge plans that meet the needs of
the individual in crisis and law enforcement; • Documents all encounters proficiently by end of
shift; • Completes accurate and precise supporting clinical documentation including treatment
plans for all crisis individuals responded to; • Staffs cases with supervisors as needed;
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A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and
consistent with existing guidelines. Exceptions / Adjustments are noted below.
Year 1 Total
Personnel $144,000.00 $144,000.00
Fringe $0.00 $0.00
Benefits
Travel $0.00. $0.00
Equipment $0.00 $0.00
Supplies $0,00 $0.00
Construction $0.00 $0.00
SubAwards $0.00 $0.00
Procurement$0.00 $0.00
Contracts •
Other Costs. $0.00 $0.00
Total Direct, $144,000.00
Costs
Indirect $0.00`
Costs
Total $144,000.00
Project
Costs
$144,000.00
$0.00
$144,000.00
Total -Project;,
Cost
Breakdown
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Total Percentage
$144,000.00 100.00%
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Match $0.00 0.00%
i rmogoram
Income
Amount
0.00%
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Please note: After completing this budget detail summary, please confirm that the following
final values entered in this section are identical to those entered in the corresponding
estimated cost section of the Standard Applicant Information. Specifically, the following must
be equivalent. If they are not, you will not be able to submit this application until they are
updated to be equivalent.
Standard Applicant Information
Equals
Budget Summary
Total Estimated Funding
=
Total Project Costs
Federal Estimated Funding (federal share)
=
Federal Funds
Applicant Estimated Funding (non-federal share)
=
Match Amount
Program Income Estimated Funding
=
Program Income Amount
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