HomeMy WebLinkAbout2016-09-27; City Council; ; Public comment for FY 2016 Edward Byrne Memorial Justice Assistance Grant and approval of a resolution to accept and appropriate $18, 408 in grant fundsCITY COUNCIL Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject
September 27, 2016
Mayor and City Council I/ .1 Kevin Crawford, City Manage�f/1/
Matt Thompson, Senior Management Analyst
matthew.thompson@carlsbadca.gov or (760)931-2279
Public comment for FY2016 Edward Byrne Memorial Justice Assistance
Grant and approval of a Resolution to accept and appropriate $18,408 in
grant funds.
Recommended Action
City Council receive public comment on the Fiscal Year 2016 Edward Byrne Memorial Justice
Assistance Grant (JAG) grant application, approve a Resolution authorizing the City Manager to
accept the FY2016 Edward Byrne Memorial Justice Assistance Grant funds, and authorizing the
Administrative Services Director to appropriate the funds for the program expenses.
Executive Summary
The Fiscal Year 2016 Edward Byrne Memorial Justice Assistance Grant (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. The JAG Purpose Areas include 1) Law enforcement
programs; 2) Prosecution and court programs; 3) Prevention and education programs; 4)
Correction programs; 5) Drug treatment programs; and 6) Planning, evaluation, and technology
improvement programs. The funds must be used to supplement existing funds for program
activities and cannot replace or supplant local funds.
The City of Carlsbad Police Department's 2016 award is $18,408. The Police Department will use
the grant to purchase:
•Tourniquets and Tourniquet Holders for patrol officers in case of emergency.
•EO Tech Magnifying sights for SWAT team perimeter rifles.
•Brush uniforms and rain gear for uniformed patrol.
•Radio Clips that conform to new radios.
•Trauma kits containing hemostatic clotting gauze, SWAT-T Tourniquet, occlusive dressing,
2 yards of medical tape, 4" Z-Fold Gauze and nitrile gloves.
Discussion The Carlsbad Police Department has participated in the Edward Byrne Memorial
Justice Assistance Grant and it's predecessors for over 20 years. The grant funds have helped
improve safety and quality of life in the City of Carlsbad.
Fiscal Analysis
The total cost of listed purchases is $18,408 which is fully reimbursable by the JAG program
grant award. There are no ongoing expenses associated with the purchases.
Item #1 September 27, 2016 Page 1 of 28
Next Steps
If the City Council adopts the Resolution, the U.S. Department of Justice will allocate $18,408 to
Carlsbad for the purchase the aforementioned equipment.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore does not require environmental review.
Public Notification
The grant requires notification of the City Council as well as an opportunity for public input.
Exhibits
1.Resolution authorizing the City Manager to accept the FY2016 Edward Byrne Memorial
Justice Assistance Grant funds, and authorizing the Administrative Services Director to
appropriate the funds for the program expenses.
2.Fiscal Year 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) grant application.
3.Fiscal Year 2016 Edward Byrne Memorial Justice Assistance Grant acceptance documents.
Item #1 September 27, 2016 Page 2 of 28
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RESOLUTION NO. 2016-193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING AND APPROPRIATING FUNDS FOR POLICE
EQUIPMENT THROUGH THE FISCAL YEAR 2016 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
Exhibit 1
WHEREAS, Carlsbad Police Department has been allocated funds through the Fiscal Year
2016 Edward Byrne Memorial Justice Assistance Grant Program to support activities to prevent
and control crime and to improve the criminal justice system; and
WHEREAS, the application for the Fiscal Year 2016 Edward Byrne Memorial Justice
Assistance Grant was heard during a regularly scheduled council meeting and the public was
given an opportunity to provide comments; and
WHEREAS, Carlsbad Police Department proposes to purchase tourniquets and
tourniquet holders for patrol officers in case of emergency, EO Tech magnifying sights for SWAT
team perimeter rifles, brush uniforms and rain gear for uniformed patrol, radio clips that
conform to new radios and trauma kits containing hemostatic clotting gauze, SWAT-T
tourniquet, occlusive dressing, 2 yards of medical tape, 4" Z-Fold Gauze and nitrile gloves.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
2. That the purchases specified are authorized in compliance with the grant.
3. That the City Manager of the City of Carlsbad or his designee is hereby authorized
and directed to execute said award with the US Department of Justice for receipt of
the subject grant funds, as well as any required reports and/or final statements.
Item #1 September 27, 2016 Page 3 of 28
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4. That the Administrative Services Director is authorized to appropriate $18A08 for
Fiscal Year 2016 Edward Byrne Memorial Justice Assistance Grant Program purchases
to the Public Safety Grant Special Revenue Fund.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of September, 2016, by the following vote to wit:
AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
MA HALL, Mayor
BARBARAENGLESON, City Cle
(SEAL)
Item #1 September 27, 2016 Page 4 of 28
U.S. Department of Justice
Office of Justice Programs, Bureau of Justice Assistance
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
FY 2016 Local Solicitation
City of Carlsbad, California
ABSTRACT
NAME: City of Carlsbad
TITLE OF PROJECT: 2016 JAG Program funds for police equipment
GOALS OF PROJECT: The Police Department proposes the grant be used to purchase additional
equipment for uniformed officers, including radio clips, brush uniforms and rain gear. Carlsbad
has had two major wildfire incidents in the past ten years and recently outfitted patrol officers
with brush coats and pants to more safely handle such incidents. Tourniquets and tourniquet
holders will be purchased to ensure that every uniformed officer is outfitted with a tourniquet.
Just this morning, June 29, 2016, a patrol officer utilized a tourniquet on a 19 year old female
who was involved in an accident on her scooter and severed her arm. Additionally, the
department will purchase upgraded trauma kits to be used in cases of emergency. The kits
contain hemostatic clotting gauze, SWAT-T Tourniquet, occlusive dressing, 2 yards of medical
tape, 4" Z-Fold Gauze and nitrile gloves. Finally, the department will purchase EO Tech
magnifiers for SWAT team perimeter personnel rifles. The sights offer three times fixed
magnification which will enable perimeter personnel to create a larger perimeter at SWAT
scenes that will ultimately make the scene safer for both officers and citizens. All of this
equipment is needed, but is not part of the department's Fiscal Year 2017 budget.
DESCRIPTION OF STRATEGIES:
A well-equipped police department enhances safety in the community. All of the proposed
grant purchases will either enhance the safety of uniformed personnel (brush uniforms, rain
gear, and radio clips), citizens or both (trauma kits, tourniquets and holders, and magnifying
sights).
PROJECT IDENTIFIERS:
•Equipment -General
•Equipment -Tactical
•Officer Safety
Item #1 September 27, 2016 Page 5 of 28
U.S. Department of Justice
Office of Justice Programs, Bureau of Justice Assistance
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
FY 2016 Local Solicitation
City of Carlsbad, California
BUDGET AND BUDGET NARRATIVE
The City of Carlsbad Police Department proposes the $18,408 in FY 2016 JAG Program funds be used for
the following:
•Tourniquets and Tourniquet Holders for patrol officers in case of emergency.
•EO Tech Magnifying sights for SWAT team perimeter rifles.
•Brush uniforms and rain gear for uniformed patrol.
•Radio Clips that conform to new radios.
•Trauma kits containing hemostatic clotting gauze, SWAT-T Tourniquet, occlusive dressing, 2
yards of medical tape, 4" Z-Fold Gauze and nitrile gloves.
Quantity Item Cost per Unit Subtotal
45 Tourniquet/Tourniquet Holder $37.29 $1,678
10 EO Tech Magnifier $512.20 $5,122
14 Brush Uniform Varies $2,719
6 Officer Rain Gear Varies $787
24 Radio Clip $11.08 $266
90 Trauma Kit $87.07 $7,836
Total $18,408
Item #1 September 27, 2016 Page 6 of 28
U.S. Department of Justice
Office of Justice Programs, Bureau of Justice Assistance
Edward Byrne Memorial Justice Assistance Grant {JAG) Program
FY 2016 Local Solicitation
City of Carlsbad, California
REVIEW NARRATIVE
The following page includes the memo that was sent to the City of Carlsbad's governing body {City
Council) for review on June 29, 2016.
Item #1 September 27, 2016 Page 7 of 28
Memorandum
June 29, 2016
To: City Council
From: Neil Gallucci, Chief of Police
Via: Kevin Crawford, City Manager
Re: Justice Assistance Grant 2016
The Edward Byrne Memorial Justice Assistance Grant {JAG) Program allows states and local
governments to support a broad range of activities to prevent and control crime and to improve the
criminal justice system. The procedure for allocating JAG funds is a formula based on population and
crime statistics in combination with a minimum allocation to ensure that each state and local recipient
receives an appropriate share. JAG Program funds support all components of the criminal justice
system including 1) Law enforcement programs; 2) Prosecution and court programs; 3) Prevention and
education programs; 4) Corrections and programs; 5) Drug treatment programs; and 6) Planning,
evaluation, and technology improvement programs.
The City of Carlsbad Police Department's 2016 one-time award based on the city's share of FBI Part 1
Violent Crimes as a proportion of the state's total is $18,408. These federal funds must be used to
supplement existing funds for program activities and cannot replace or supplant local funds.
The Police Department proposes the grant be used to purchase additional equipment for uniformed
officers, including radio clips, brush uniforms and rain gear. Carlsbad has had two major wildfire
incidents in the past ten years and recently outfitted patrol officers with brush coats and pants to more
safely handle such incidents. Tourniquets and tourniquet holders will be purchased to ensure that
every uniformed officer is outfitted with a tourniquet. Just this morning, June 29, 2016, a patrol officer
utilized a tourniquet on a 19 year old female who was involved in an accident on her scooter and
severed her arm. Additionally, the department will purchase upgraded trauma kits to be used in cases
of emergency. The kits contain hemostatic clotting gauze, SWAT-T Tourniquet, occlusive dressing, 2
yards of medical tape, 4" Z-Fold Gauze and nitrile gloves. Finally, the department will purchase EO
Tech magnifiers for SWAT team perimeter personnel rifles. The sights offer three times fixed
magnification which will enable perimeter personnel to create a larger perimeter at SWAT scenes that
will ultimately make the scene safer for both officers and citizens. All of this equipment is needed, but
is not part of the department's Fiscal Year 2017 budget.
The grant requires notification of the City Council regarding this grant as well as an opportunity for
public input; this item will be placed on the agenda for the regularly scheduled Council meeting on
September 27, 2016.
2 Item #1 September 27, 2016 Page 8 of 28
U.S. Department of Justice
Office of Justice Programs, Bureau of Justice Assistance
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
FY 2016 Local Solicitation
City of Carlsbad, California
APPLICANT DISCLOSURE OF PENDING APPLICATIONS
The City of Carlsbad Police Department does not have any other pending applications for
federally funded grants or sub-grants that include requests for funding of this same project.
Item #1 September 27, 2016 Page 9 of 28
U.S. Department of Justice
Office of Justice Programs, Bureau of Justic� Assistance
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
FY 2016 Local Solicitation
City of Carlsbad, California
PROGRAM NARRATIVE
The City of Carlsbad Police Department serves the city of Carlsbad, located 35 miles north of the city of
San Diego, covering 42.8 square miles, with a population of nearly 111,000 people. The Carlsbad Police
Department prides itself on its strong partnership with the community and high quality service levels.
As with many law enforcement agencies, Carlsbad Police Department seeks alternative funds to
purchase needed equipment and new technology. The Carlsbad Police Department proposes that the
$18,408 in FY2016 JAG Program funds be used to purchase specialized uniform and safety equipment,
which ultimately results in a safer environment for uniformed officers and the citizenry. Additionally,
funds will be used to purchase magnifying sights for perimeter SWAT personnel.
Uniform Equipment, Safety/Emergency Preparedness Equipment, and SWAT Equipment ($18,408)
The City of Carlsbad Police Department consistently seeks innovative ways to provide top quality public
safety and law enforcement services to the community. The Carlsbad City Council establishes priorities
every year to improve and enhance the quality of life in Carlsbad.
This fiscal year, the department proposes the grant be used to purchase additional equipment for
uniformed officers, including radio clips, brush uniforms and rain gear. Carlsbad has had two major
wildfire incidents in the past ten years and recently outfitted patrol officers with brush coats and pants
to more safely handle such incidents. Tourniquets and tourniquet holders will be purchased to ensure
that every uniformed officer is outfitted with a tourniquet. Just this morning, June 29, 2016, a patrol
officer utilized a tourniquet on a 19 year old female who was involved in an accident on her scooter
and severed her arm. Additionally, the department will purchase upgraded trauma kits to be used in
cases of emergency. The kits contain hemostatic clotting gauze, SWAT-T Tourniquet, occlusive
dressing, 2 yards of medical tape, 4" Z-Fold Gauze and nitrile gloves. Finally, the department will
purchase EO Tech magnifiers for SWAT team perimeter personnel rifles. The sights offer three times
fixed magnification which will enable perimeter personnel to create a larger perimeter at SWAT scenes
that will ultimately make the scene safer for both officers and citizens. All of this equipment is needed,
but is not part of the department's Fiscal Year 2017 budget.
No other related justice funds are expected for this purchase.
Item #1 September 27, 2016 Page 10 of 28
Office of Justice Programs
August 10, 2016
Mr. Kevin Crawford City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-7240
Dear Mr. Crawford:
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
On behalf of Attorney General Loretta Lynch, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 16 Edward Byme Memorial Justice Assistance Grant (JAG) Program -Local Solicitation in the amount of $18,408 for City of Carlsbad.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and :financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate.
If you have questions regarding this award, please contact:
-Program Questions, Gale Farquhar, Program Manager at (202) 598-9522; and
-Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
Denise O'Donnell
Director
Enclosures
Item #1 September 27, 2016 Page 11 of 28
August 10, 2016
Mr. Kevin Crawford City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-7240
Dear Mr. Crawford:
OFFICE FOR CIVIL RIGHTS
Office ofJustice Programs
U.S. Department of Justice
810 7th Street, NW Washington, DC 20531
Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR@usdoj.govWebsite: www.ojp.usdoj.gov/ocr
Congratulations on your recent award. In establishing financial assistance programs, Congress linked fue receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding.
Ensuring Access to Federally Assisted Programs
Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis ofrace, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits.
In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VA WA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of V AWA funds to understand their obligations. The Frequently Asked Questions are available at http://ojp.gov/about/ocr/vawafaqs.htm.
Enforcing Civil Rights Laws
All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards.
Item #1 September 27, 2016 Page 12 of 28
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients offederal financial
assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English
proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website
http://www.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The DOJ regulation, Equal Treatment for Faith-Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAs) to treat faith-based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant
administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its
board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to fund inherently ( or explicitly) religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must hold them
separately from the program funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment
Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the
provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see the OCR's website at http://www.ojp.usdoj.gov/about/ocr/equal_fbo.htm.
SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as
amended, 42 U.S.C. § 3789d( c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § 10604( e); the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b ); and VA WA, Pub. L. No. 113-4, sec. 3(b )( 4), 127 Stat. 54, 61-62 (to be codified at 42 U.S.C. § 13925(b )(13)) contain prohibitions against discrimination on the basis ofreligion in employment. Despite these
nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by
case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions.
Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that. prohibit
discrimination in employment.
Using Arrest and Conviction Records in Making Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity
Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the
Civil Rights Act of 1964 (June 2013), available at http://www.ojp.usdoj.gov//about/ocr/pd:Es/UseofConviction_Advisory.pdf. Recipients
should be mindful that the misuse of arrest or conviction records to screen either applicants for empl0yment or employees for retention or
promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate
an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below).
Complying with the Safe Streets Act
An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development ofan EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2)
submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)).
Item #1 September 27, 2016 Page 13 of 28
Meeting the EEOP Requirement
If your organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form, which is available online at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf.
If your organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has fifty or more employees (counting both full-and part-time employees but excluding political appointees), then it has to prepare a Utilization Report ( formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review. Instead, your organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf.
If your organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees ( counting both full-and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition, your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http ://www.ojp.usdoj.gov/about/ ocr/pdfs/ cert.pdf.
To comply with the EEOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 307-0690, by TTY at (202) 307-2027, or by e-mail at EEOsubmisson@usdoj.gov.
Meeting the Requirement to Submit Findings of Discrimination
If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due-process hearing, from a state or federal court ot from a state or federal administrative agency, your organization must send a copy of the fmding to the OCR.
Ensuring the Compliance of Subrecipients
SAAs must have standard assurances to notify sub recipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that su=arize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see http://www.ojp.usdoj.gov/funding/other_requirements.htm.
If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us.
Sincerely,
Michael L. Alston
Director
cc: Grant.Manager Financial Analyst
Item #1 September 27, 2016 Page 14 of 28
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
I. RECJPIENTNAMEAND ADDRESS (Including Zip Code)
City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-7240
2a. GRANTEE IRS/VENDOR NO.
966004793
2b. GRANTEE DUNS NO.
844811310
3. PROJECT TITLE
FY 16 JAG Program
12. SPECIAL CONDITIONS
PAGE I OF 12 Grant
4.AWARDNUMBER: 2016--DJ-BX-0368
5. PROJECT PERJOD: FROM
BUDGETPERJOD: FROM
6.AWARDDATE 08/10/2016
8. SUPPLEMENT NUMBER
00
9. PREVIOUS AW ARD AMOUNT
10. AMOUNT OF THIS AW ARD
II. TOTAL AWARD
10/01/2015 TO 09/30/2017
10/01/2015 TO 09/30/2017
7.ACTION
Initial
.$ 0
$18,408
$ 18,408
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FYI 6(BJA -JAG) 42 USC 3750, et seq.
14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.738 -Edward Byrne Memorial Justice Assistance Grant Program
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Denise O'Donnell
Director
17. SIGNATURE OF APPROVING OFFICIAL
Kevin Crawford City Manager
20. ACCOUNTING CLASSIFICATION CODES 21. RDWGT0072
FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 · 18408
O!P FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
O!P FORM 4000/2 (REV. 4-88)
D RECJPIENT OFFICIAL 19A.DATE
Item #1 September 27, 2016 Page 15 of 28
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2016-DJ-BX-0368
A WARD CONTINUATION
SHEET
Grant
AWARD DATE 08/10/2016
SPECIAL CONDITIONS
1.Applicability of Part 200 Uniform Requirements
PAGE 2 OF 12
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform
Requirements") apply to this 2016 award from the Office of Justice Programs (OJP).
The Part 200 Uniform Requirements were first adopted byDOJ on December 26, 2014. If this 2016 award
supplements funds previously awarded by OJP under the same award number ( e.g., funds awarded in 2014 or earlier
years), 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 orafter the acceptance date of this 20i6 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"), see the Office of Justice Programs (OJP) website athttp://ojp.gov/funding/Part200UniformRequirements.htm.
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.
2.Compliance with DOJ Grants Financial Guide
The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website
( currently, the "2015 DOJ Grants Financial Guide"), including any updated version that may be posted during the
period of performance.
3.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.
4. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal
funds during the period of performance for this award, the recipient promptly must determine whether funds from any
of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the
identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ
awarding agency (OJP or OVW, as appropriate) in wiiting of the potential duplication, and, if so requested by DOJ
awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to
eliminate any inappropriate duplication of funding.
OJP FORM 4000/2 (REV. 4-88)
__ _J_ ___ I '=============~~-I i
J
Item #1 September 27, 2016 Page 16 of 28
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2016-DJ-BX-0368
AW ARD CONTINUATION SHEET
Grant
AWARD DATE ·os; 1012016
SPECIAL CONDITIONS
5.Requirements related to System for Award Management and Unique Entity Identifiers
PAGE 3 OF 12
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),currently accessible at http://www.sam.gov. This includes applicable requirements regarding registration with SAM, aswell as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients(first-tier ."subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to therecipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site athttp://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
6.Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("sub grantee") at any tier, must comply with all applicable requirements (includingrequirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on thepart 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 theOJP web site at http://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibitedconduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJPauthority to terminate award)), and are incorporated by reference here.
7. 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, whereapplicable) 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 DOJGrants Financial Guide ( currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants FinancialGuide").
8.Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of activities under thisaward. The data must be provided to OJP in the mariner (including within the timeframes) specified by OJP in theprogram solicitation or other applicable written guidance. Data collection supports compliance with the GovernmentPerformance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws.
OJP FORM 4000/2 (REV. 4-88)
\vl,,--IN till\ L Item #1 September 27, 2016 Page 17 of 28
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2016-DJ-BX-0368
AWARD CONTINUATION SHEET
Grant
AWARD DATE 08/10/2016
SPECIAL CONDITIONS
9.OJP Training Guiding Principles
PAGE 4 OF 12
Any training or training materials that the recipient --or any subrecipient ("subgrantee") at any tier --develops ordelivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,available at http://ojp.gov/funding/ojptrainingguidingprinciples.htrn.
I 0. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if ( as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews ofDOJ awards.
11.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 "highrisk" for purposes of the DOJ high-risk grantee list.
12. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part 42
The recipient, and any subrecipient ("sub grantee") at any tier, must comply with all applicable requirements of 28C.F.R. Part 42, specifically including any applicable requirements in Subpart E of28 C.F.R. Part 42 that relate to anequal employment opportunity program.
13.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 of28C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries andprospective program beneficiaries. Part 38 of28 C.F.R., a DOJ regulation, was amended effective May 4, 2016.
Among other things, 28 C.F .R. Part 3 8 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 3 8 also sets out roles and requirements that pertain to recipient and subrecipient (" sub grantee") organizations that engage in or ·conduct explicitly religious activities, as well as roles and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of the regulation, now entitled "Partnerships with Faith-Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations ( currently accessible at http://www.ecfr.gov/cgibin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
14. Restrictions on "lobbying"
Federal funds may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly orindirectly, to support or oppose the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government.
Should any question arise as to whether a particular use of Federal funds by a recipient ( or subrecipient) would ormight fall within the scope of this prohibition, the recipient is to contact OJP for guidance, and may not proceedwithout the express prior written approval of OJP.
OJP FORM 4000/2 (REV. 4-88)
� :C NIT IF\L -Item #1 September 27, 2016 Page 18 of 28
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2016-DJ-BX-0368
A WARD CONTINUATION SHEET
Grant
AWARD DATE 08/10/2016
SPECIAL CONDITIONS
15.Compliance with general appropriations-law restrictions on the use of federal funds (FY 2016)
PAGE 5 OF 12
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2016, are set out at http://ojp.gov/funding/Explore/FY20l6-AppropriationsLawRestrictions.htrn, 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 mightfall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may notproceed without the express prior written approval of OJP.
16. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General(OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other personhas, 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 oflaws pertaining to fraud, conflict of interest, bribery, gratuity, or similarmisconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; (2) e-mail to: oig.hotline@usdoj.gov; .and/or (3) the DOJ OIG hotline: ( contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881(fax).
Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig.
OJP FORM 4000/2 (REV. 4-88)
Item #1 September 27, 2016 Page 19 of 28
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 20!6-DJ-BX-0368
AWARD CONTINUATION SHEET
Grant
AWARD DATE 08/10/2016
SPECIAL CONDITIONS
17.Restrictions and certifications regarding non-disclosure agreements and related matters
PAGE 6 OF 12
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with Jaw) of waste, fraud, or abuse to an investigative or law enforcement representative of a federaldepartment 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 employeesor contractors that currently prohibit or otherwise currently restrict ( or purport to prohibit or restrict) employees orcontractors from reporting waste, fraud, or abuse as described above; and
b.certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to executeagreements or statements that prohibit or otherwise restrict ( or purport to prohibit or restrict), reporting of waste, fraud,or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt
written notification to the federal agency making this award, and will resume ( or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
2.If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a.it represents that--
(1)it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("sub grant"), procurement contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict ( or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict ( or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will
innnediately 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 obligatious only if expresslyauthorized to do so by that agency.
OJP FORM 4000/2 (REV. 4-88)
\t. V '".I:N !Tl ALItem #1 September 27, 2016 Page 20 of 28
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2016-DJ-BX-0368
A WARD CONTINUATION
SHEET
Grant
AWARD DATE 08/10/2016
SPECIAL CONDITIONS
18.Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
PAGE 7 OF 12
The recipient 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 aviolation of law, rule, or regulation related to a federal grant.
The recipient also must iuform its employees, iu writing (and in the predominant native language of the workforce), ofemployee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
19. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
20.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, includiug requests related to desk reviews, enhanced programmatic
desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary tocomplete monitoring tasks, including documentation related to any subawards made under this award. Further, therecipient 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, iucluding, 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 termiuation of an award(s ).
21.Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the _Provisions ofthe Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report, SF 425.
22. In order to promote information sharing and enable interoperability among disparate systems across the justice and
public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Shariug Initiative
(DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global
Standards Package (GSP) and all constituent elements, where applicable, as described at:http://www.it.ojp.gov/gsp_grantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
23.To avoid duplicating existing networks or IT systems iu any iuitiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extentpossible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can
demonstrate .to the satisfaction of BJ A that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.·
OJP FORM 4000/2 (REV. 4-88)
)t,V_ :t.t.J ITlf\L Item #1 September 27, 2016 Page 21 of 28
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2016-DJ-BX-0368
AW ARD CONTINUATION SHEET
Grant
AWARD DATE 08/10/2016
SPECIAL CONDITIONS
PAGE 8 OF 12
24. The recipient agrees that any information technology system funded or supported by OJP funds will 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 42 U.S.C.
3 789g( c )-( d). Recipient may not satisfy such a fine with federal funds.
25. Grantee agrees to comply with the requirements of28 C.F.R. Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board
approval, if appropriate, and subject informed consent.
26. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that
are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant
approval, to submit a Privacy Certificate that is in accord with requirements of28 C.F.R. Part 22 and, in particular,
section 22.23.
27.Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
28.The grantee agrees that within 120 days of award acceptance, each current member of a law enforcement task force
funded with these funds who is a task force commander, agency executive, task force officer, or other task force
member of equivalent rank, will complete required online (internet-based) task force training. Additionally, all future
task force members are required to complete this training once during the life of this award, or once every four years if
multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task
Force Integrity and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as other key
issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task
force oversight and accountability. When BJA funding supports a task force, a task force personnel roster should be
compiled and maintained, along with course completion certificates, by the grant recipient. Additional information is
available regarding this required training and access methods via BJ A's web site and the Center for Task Force
Integrity and Leadership (www.ctfli.org).
29.The recipient agrees to participate in BJ A-sponsored training events, technical assistance events, or conferences held
by BJA or its designees, upon BJ A's request.
30.All procurement ( contract) transactions under this award must be conducted in a manner that is consistent with
applicable Federal, State, and tribal law, and with Federal procurement standards specified in regulations governing
Federal awards to non-Federal entities. Procurement ( contract) transactions should be competitively awarded unless
circumstances preclude competition. Noncompetitive ("sole source") procurements by the award recipient in excess of
the Simplified Acquisition Threshold ( currently $150,000) set out in the Federal Acquisition Regulation must receive
prior approval from the awarding agency, and must otherwise comply with rules governing such procurements found in
the current edition of the DOJ Grants Financial Guide.
31.Approval of this award does not indicate approval of any consultant rate in excess of $650per day. A detailed
justification must be submitted to and approved by the Office of Justice Programs (OJP) program office prior to
obligation or expenditure of such funds.
OJP FORM 4000/2 (REV. 4-88)
Item #1 September 27, 2016 Page 22 of 28
U.S. Department of Justice
Office ofJustice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2016-DJ-BX-0368
AW ARD CONTINUATION SHEET
Grant
AWARD DATE 08/10/2016
SPECIAL CONDITIONS
PAGE 9 OF 12
32. The grantee agrees to 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
grant funds, either directly by the grantee or by a sub grantee. Accordingly, the grantee agrees to first determine if anyof the following activities .will be funded by the grant, prior to obligating funds for any of these purposes. If it isdetermined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA.
The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a
subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special
condition must first be met. The activities covered by this special condition are:
a. New construction;
b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in.its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving' the use of chemicals other than chemicals that are (a) purchased as anincidental 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 grantee 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 grantee further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJNresource/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, 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.
33. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be nsed to pay debts or exp"nses incurred by other activities beyond
the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate
the grant funds in the trust fund (including any interest earned) during the period of the grant and expend within 90
days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to the Office ofJustice Programs at the time of closeout.
34.JAG funds may be used to purchase vests for an agency, but they may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program.
35.Ballistic-resistant and stab-resistant 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 vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor
Model List (http://nij.gov). In addition, ballistic-resistant and stab-resistant body armor purchased must be American
made. The latest �IJ standard information can be found here: http://www.nij.gov/topics/technology/body-armor/safety
initiative.htm.
OJP FORM 4000/2 (REV. 4-88)
Item #1 September 27, 2016 Page 23 of 28
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2016-DJ-BX-0368
AW ARD CONTINUATION
SHEET
Grant
AWARD DATE 08/J0/2016
SPECIAL CONDITIONS
PAGE 10 OF 12
36. The recipient agrees to submit a signed certification that all law enforcement agencies receiving vests purchased withJAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signedcertifications on file for any subrecipients planning to utilize JAG funds for ballistic-resistant and stab-resistant bodyannor purchases. This policy must be in place for at least all uniformed officers before any JAG funding can be used bythe agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatorywear policy for all uniformed officers while on duty.
37.The recipient agrees to· monitor subawards under this JAG award in accordance with .all applicable statutes, regulations,0MB circulars, and guidelines, including the DOJ Financial Guide, and to include the applicable conditions of thisaward in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specificoutcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award .
. 38. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities.
39.Award recipients must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reportsthrough GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the GovernmentPerfom1aL1ce and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation mustprovide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submittedthrough 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 submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
40. Any law enforcement agency receiving direct or sub-awarded JAG funding must submit quarterly accountabilitymetrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation ofconflict, and constructive engagement with the public.
41. BJA strongly encourages the recipient to submit annual ( or more frequent) JAG success stories. To submit a successstory, sign in to your My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form.If you do not yet have a My BJA account, please register at https://www.bja.gov/profile.aspx. Once you register, one ofthe available areas on your My BJA page will be "My Success Stories". Within this box, you will see an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the new BJA Success Story webpage at https://www.bja.gov/SuccessStoryList.aspx.
42.Recipient understands and agrees that award funds may not be used for items that are listed on the ControlledExpenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, withoutexplicit written prior approval from ·BJA. The Controlled Expenditure List, and instructions on how to request approvalfor purchase or acquisitions may be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf
OJP FORM 4000/2 (REV. 4-88)
it--L/· 'IN li'l~L -Item #1 September 27, 2016 Page 24 of 28
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2016'.DJ-BX-0368
AWARD CONTINUATION SHEET
Grant
AWARD DATE 08/10/2016
SPECIAL CONDITIONS
PAGE II OF 12
43.The recipient understands that, pursuant to recommendation 2.1 of Executive Order 13688, law enforcement agencies
that acquire controlled equipment through Fedenil programs must adopt robust and specific written policies and
protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing
Standards includes policies on ( a) Community Policing; (b) Constitutional Policing; and ( c) Community Input andImpact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a)Appropriate Use of Controlled Equipment; (b) Supervision ofUse; (c) Effectiveness Evaluation; (d) Auditing and
Accountability; and (e) Transparency and Notice Considerations. Upon OJP's request, the recipient agrees to providea copy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols.
44. Recipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, with award funds by an agency will trigger a requirement that the agency co Hect and retain (for at least 3 years) certain information about the use of 1)any federally-acquired Controlled Equipment in the agency's inventory, and 2) any other controlled equipment in the
same category as the federally-acquired controlled equipment in the agency's inventory, regardless of source; and
make that information available to BJA upon request. Details about what information must be collected and retainedmay be accessed here: https://www.whitehouse.gov/sites/default/files/docs/lc _ equipment_ wg_ final_report _ final.pdf
45.Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled
Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards.
46.Recipient understands and agrees that award funds may not be used for items that are listed on the ProhibitedExpenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. TheProlnbited Expenditure list may be accessed here: https://www.bjagov/funding/JAGControlledPurchaseList.pdf.
47. Recipient understands and agrees that, notwithstanding 2 CPR § 200.313, no equipment listed on the Controlled
Expenditure List that is purchased under this award may be transferred or sold to a third party, except as described
below:
a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will
be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the
initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award.c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs, with the
exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or
sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement-related and other
sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must beremoved prior to transfer or sale.
Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such disposal.
48.Recipient understands that the initial period of availability of funds for this award is two years. Recipient further
understands that any requests for additional time for performance of this award, up to two additional years, will begranted automatically, pursuant to 42 U.S.C. § 3751(f) and in accordance with current fiscal year solicitation. Requests
for add1tional time beyond a four year grant period will be subject to the discretion of the Director of the Bureau of
Justice Assistance.
OJP FORM 4000/2 (REV. 4-88)
Item #1 September 27, 2016 Page 25 of 28
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2016-DJ-BX-0368
AW ARD CONTINUATION SHEET
Grant
AWARD DATE 08/10/2016
SPECIAL CONDITIONS
PAGE 12 OF 12
49. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance (BJA) has received documentation
demonstrating that fue recipient jurisdiction's public comment requirements have been met and a Grant Adjustment
Notice (GAN) has been approved releasing this special condition.
OJP FORM 4000/2 (REV. 4-88)
-Item #1 September 27, 2016 Page 26 of 28
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
This project is supported under FY16(BJA-JAG) 42 USC 3750, et seq.
I. STAFF CONTACT (Name & telephone number)
Gale Farquhar (202) 598-9522
3a. TITLE OF THE PROGRAM
2016 Edward Byrne Memorial Justice Assistance Grant Program
4. TITLE OF PROJECT
FY 16 JAG Program
5. NAME & ADDRESS OF GRANTEE
City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-7240
7. PROGRAMPERlOD
FROM: 10/01/2015
9. AMOUNT OF AWARD
$ 18,4Q8
11. SECOND YEAR'S BUDGET
13. THIRD YEAR'S BUDGET PERlOD
TO: 09/30/2017
15. SUMMARY DESCRlPTION OF PROJECT (See instruction on reverse)
GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY
PROJECT NUMBER
2016-DJ-BX-0368
Grant
PAGE 1 OF I
2. PROJECT DIRECTOR (Name, address & telephone number)
Matt Thompson Sr. Management Analyst 2560 Orion WayCarlsbad, CA 92010-7240 (760) 931-2279
3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE)
6. NAME & A.DRESS OF SUBGRANTEE
8. BUDGET PERlOD
FROM:10/01/2015
10.DATEOFAWARD
08/10/2016
TO: 09/30/2017
12. SECOND YEAR'S BUDGET AMOUNT
14. THIRD YEAR'S BUDGET AMOUNT
The EdwardByme Memorial Justice Assistance Grant Program (JAG) allows states and units oflocal 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 fimds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, inch1ding 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; and 7) crime victim and witness programs (other than compensation). The Carlsbad Police Department will use the FY 16 JAG funds to purchase general and tactical equipment, NCA/NCF
OJP FORM 4000/2 (REV. 4-88)
Item #1 September 27, 2016 Page 27 of 28
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
Memorandum To: Official Grant File
From:
Subject:
Orbin Terry, NEPA Coordinator
Incoiporates NEPA Compliance in Further Developmental Stages for City of Carlsbad
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a sub grantee or third party: Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant.
The specified activities requiring environmental analysis are: a.New construction;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 aproperty 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 basicprior use or (b) significantly change its size;d.Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased asan incidental component of a funded activity and (b) traditionally used, for example, in office, household,recreational, or education environments; ande.Implementation of a program relating to clandestine methamphetamine laboratory operations, including theidentification, 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.
Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance.
Item #1 September 27, 2016 Page 28 of 28