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HomeMy WebLinkAbout2018-12-18; City Council; ; The FY2017 and FY2018 Edward Byrne Memorial Justice Assistance Grant~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: 12/18/18 Mayor and City Council Scott Chadwick, City Manager Cindy Anderson, Senior Management Analyst cindy.anderson@carlsbadca.gov or 760-931-2170 CA Review 1,vC.. Subject: The FY2017 and FY2018 Edward Byrne Memorial Justice Assistance Grant. Recommended Action City Council should receive public comment on the FY 2017 and 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) application, and adopt a resolution authorizing the City Manager to accept the FY2017 and FY2018 Edward Byrne Memorial Justice Assistance Grant funds and authorize the Administrative Services Director or his/her designee to appropriate $15,258 and $14,579 to the Public Safety Grants Special Revenue Fund . Executive Summary The Police Department was awarded $15,258 from the Fiscal Year 2017 Edward Byrne Memorial Justice Assistance Grant. The funds will be used to purchase photography equipment for field evidence technicians, an evidence refrigerator, four smart televisions for the Communications Center, two bicycles for the Crime Suppression Team, and one FUR thermal camera. The police department was also awarded $14,579 from the Fiscal Year 2018 Edward Byrne Memorial Justice Assistance Grant. The funds will be used to purchase four mobile armored shields less a three-percent withholding for the National Incident-Based Reporting System (NIBRS) projects and administrative costs. The grant requirements include notification of the City Council as well as an opportunity for public input at a City Council meeting. Discussion The Fiscal Year 2017 and 2018 Edward Byrne Memorial Justice Assistance Grant 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 purpose of the JAG is to promote 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 2017 award is $15,258. The Police Department will use the grant to purchase: December 18, 2018 Item #3 Page 1 of 60 • Photography equipment for field evidence technicians • An evidence refrigerator for storing property and evidence • Four smart TV's for the Communications Center • Two bicycles for the Crime Suppression Team • One FUR thermal camera The City of Carlsbad Police Department's 2018 award is $14,579. The Police Department will use the grant to purchase four mobile armored shields to provide police officers with an additional layer of protection during dangerous encounters, such as active shooter scenarios. The four mobile shields are lightweight and provide ballistic protection for police officers and will be stored in patrol vehicles for emergency usage. The grant requirements include notification of the City Council as well as an opportunity for public input at a City Council meeting. Fiscal Analysis The total cost of listed purchases for FY2017 is $15,258 and for FY2018 is $14,579, which is fully reimbursable by the JAG program grant award. There are no ongoing expenses associated with the purchases. Next Steps The City Manager will accept the grant funds, and the Administrative Services Director or his/her designee will appropriate $15,258 and $14,579 to the Public Safety Grants Special Revenue Fund. 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 This item was noticed in accordance with the Ralph M. Brown Act and was available for public comment and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution 2. Fiscal Year 2017 Edward Byrne Memorial Justice Assistance Grant acceptance documents. 3. Fiscal Year 2018 Edward Byrne Memorial Justice Assistance Grant acceptance documents. December 18, 2018 Item #3 Page 2 of 60 RESOLUTION NO. 2018-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY2017 AND FY2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR OR HIS/HER DESIGNEE TO APPROPRIATE $15,258 AND $14,579 TO THE PUBLIC SAFETY GRANTS SPECIAL REVENUE FUND. WHEREAS, the Police Department has been allocated funds through the Fiscal Year 2017 and 2018 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 2017 and 2018 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 photography equipment for the field evidence technicians, smart televisions for the Communications Center, a refrigerator for storing evidence, two bicycles for the Crime Suppression Team, one FUR thermal cam~a and four mobile armored shields; NOW, THEREFORE, BE IT RESOLVED by the City Council of the 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 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. 4. That the Administrative Services Director or his/her designee is authorized to appropriate $15,258 and $14,579 to the Public Safety Grants Special Revenue Fund. December 18, 2018 Item #3 Page 3 of 60 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 18th day of December, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, P. Bhat-Patel, C. Schumacher, B. Hamilton. None. None. (SEAL) December 18, 2018 Item #3 Page 4 of 60 Providing Services to Limited English Proficiency (LEP) lndividnals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal 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 https://www.lep.gov. Ensuring Equal Treatment of Faith-Based Organizations and Safegnarding Constitutional Protections Related to Religion The DOJ regulation, Partnerships with Faith-Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016, prohibits all recipient organizations, whether they are Jaw enforcement agencies, governmental agencies, educational institutions, houses of worship, or faith-based organizations, from using fmancial assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non-funded explicitly religious activities (e.g., prayer), they must hold them separately from the activities funded by tl1e DOJ, and recipients cam10t compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOJ are not pennitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refosal to hold a religious belief, or a refusal to attend or participate in a religious practice. Funded faith-based organizations must also provide written notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded faith-based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more inforn1ation on the regulation, please see the OCR's website at https://ojp.gov/about/ocr/partnerships.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, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 201 l0(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § ll 182(b ); and VA WA, as amended, 34 U.S.C. § 1229l(b)(l3), contain prohibitions against discrimination on the basis of religion 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 ofRFRA 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 v71 of the Civil Rights Act of 1964 (June 2013), available at https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that ilie misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light ofilie 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 Opporhmity 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)). December 18, 2018 Item #3 Page 7 of 60 Meeting the EEOP Requirement An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment practices, to identify possible barriers to the participation of women and minorities in all levels of a recipient's workforce. As a recipient of DOJ fonding, you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more information on whether your organization is subject to the EEOP requirements, see https://ojp.gov/about/ocr/eeop.htm. Additionally, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at EEOPfom1s@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 or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAs must have standard assurances to notify subrecipients 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 summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more infonnation on the MOA requirement, see https://ojp.gov/fonding/Explore/StateMethodsAdmin-FY20 l 7update.htm. If the OCR can assist you in any way in folfilling 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 December 18, 2018 Item #3 Page 8 of 60 I) U.S. Department of Justice Office of Justice Programs PAGE I OF 22 Bureau of Justice Assistance Grant I RECIPIENT NAME AND ADDRESS (Including Zip Code) 4 AWARD NUMBER: 20 I 8-DJ-BX.0565 C11y of Carlsbad 1200 Carlsbad Village Drive 5. PROJECT PERIOD FROM 10/01/2017 TO 09/30/2019 Carlsbad, CA 92008-7240 BUDGET PERIOD· FROM 10/01/2017 TO 09/30/2019 6 AWARD DATE I 1/16/2018 ?.ACTION 2a GRANTEE IRSNENDOR NO 8 SUPPLEMENT NUMBER Initial 966004793 00 2b GRANTEE DUNS NO. 844811310 9. PREVIOUS AWARD AMOUNT so - 3. PROJECT TITLE IO. AMOUNT OF THIS AWARD S 14,579 FY I 8 Local JAG Program 11 TOTALAWARD $ 14,579 12 SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE A TT ACHED PAGE(S) 13. STATUTORY AUTIIORITY FOR GRANT This project is supponed under FY 18(8JA -JAG State & JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C 10101 • 10726), including ,___.!ubpart I of part E (codified at 34 U.S C. 10 151. 10158); sec also 28 U.S.C. 530C(a) 14 CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 • Edward Byrne Memorial Jusuce 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 Matt Dummcrn,uth ~on Chadwick Pnnc1pal Deputy Assistant Attorney General ( Manager ............. 17 SIGNATURE OF APPROVING OFFICIAL 19 SI ATU r\r i UTHORIZED RECIPIENT OFFICIAL 19A DATE 0/Jw+-}J~ 1-~ .... ~ -,,- \.. Y' .. \ .J -AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21 TDJUGT0431 FISCAL FUND BUD DIV YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 14579 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) December 18, 2018 Item #3 Page 9 of 60 officer safety. NCA/NCF December 18, 2018 Item #3 Page 33 of 60 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 https://www.lep.gov. Ensuring Equal Treatment of Faith-Based Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ regulation, Partnerships with Faith-Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016, prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, houses of worship, or faith-based organizations, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non-funded explicitly religious activities (e.g., prayer), they must hold them separately from the activities funded by the DOJ, and recipients can.not compel beneficiaries to participate in them. The 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, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. Funded faith-based organizations must also provide written notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded faith-based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation, please see the OCR's website at https://ojp.gov/about/ocr/partnerships.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, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 201 l0(e); the Juvenile Justice and Delinquency Prevention Act ofl974, as amended, 34 U.S.C. § l 1182(b); and VAWA, as amended, 34 U.S.C. § 1229l(b)(l3), 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 ofRFRA 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 Cmmnission's Enforcement Guidance: Consideration a/Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment 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 offmancial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (I) complying with the federal regulation pertaining to the development of an 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)). December 18, 2018 Item #3 Page 36 of 60 Meeting the EEOP Requirement An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment practices, to identify possible barriers to the participation of women and minorities in all levels of a recipient's workforce. As a recipient of DOI fonding, you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more infonnation on whether your organization is subject to the EEOP requirements, see https://ojp.gov/about/ocr/eeop.htm. Additionally, you may request teclmical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at EEOPfonns@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 or 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 subrecipients 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 summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more infonnation on the MOA requirement, see https://ojp.gov/funding/Explore/StateMethodsAdmin-FY20 l 7update.htm. If the OCR can assist you in any way in folfilling 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 December 18, 2018 Item #3 Page 37 of 60 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance RECIPIENT NAME AND ADDRESS (Including Zip Code) Cuy of Carlsbad 1200 Carlsbad V,llagc Drive Carlsbad, CA 92008 2a GRANTEE IRSNENDOR NO. 966004793 2b. GRANTEE DUNS NO. 844811310 3. PROJECT TITLE 11 i I Fp r I I 15 { d. Replacement FET equipment and crime suppression tools 12. SPECIAL CONDITIONS PAGE I OF 20 Grant 4 AWARDNUMBER: 2017-DJ-BX-015I 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 11/02/2018 8 SUPPLEMENT NUMBER 00 9. PREVIOUS A WARD AMOUNT 10. AMOUNT OF THIS AWARD ti TOTALAWARD I 0/01/20 I 6 TO 09/30/2020 I0/01/2016 TO 09/30/2020 7.ACTION Initial so S 15,258 S 15,258 TIIE ABOVE GRANT PROJECT tS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S) t3. STATUTORY AUTHORITY FOR GRANT This project is supponcd under FY t 7(BJA -JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 42 U.S.C. 3711 -37971T-5), including subpan I of part E (codified at 42 U.S.C. 3750-3758); sec also 28 U.S.C. 530C(a). 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Nwnbcr) 16 738 -Edward Byrne Memorial Justice Assistance Grant Program 15 METHOD OF PAYMENT GPRS AGENCY APPROVAL Man Dummermuth Principal Deputy Assistant Attorney General 17. SIGNATURE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE 18 TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Scott Chadwick 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. SDJUGT0637 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB POMS AMOUNT X B DJ 80 00 00 15258 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) December 18, 2018 Item #3 Page 38 of 60 This Local JAG award will be used to support criminal justice initiatives that fall under oue or more of the allowable program areas above. Any equipment purchases or funded initiatives such as overtime, task forces, drug programs, infonnation sharing, etc. will be aimed at reducing crime and/or enhancing public/officer safety. NCA/NCF December 18, 2018 Item #3 Page 60 of 60 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2018 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality's application for an award under the FY 2018 Edward Byrne Justice Assistance Grant ("JAG") Program, and further to 34 U.S.C. § 10153(a), I certify to the Office of Justice Programs ("OJP"), U.S. Department of Justice ("USDOJ"), that all of the following are true and correct: 1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf as chief executive and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government. 2. I certify that no federal funds made available by the award (if any) that OJP makes based on the application described above will be used to supplant 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. 3. I assure that the application described above (and any amendment to that application) was submitted for review to the governing body of the unit of local government (e.g., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification. 4. I assure that, before the date of this certification-(a) the application described above (and any amendment to that application) was made public; and (b) an opportunity to comment on that application (or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure made such an opportunity available. 5. I assure that, for each fiscal year of the award (if any) that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require. 6. I have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified therein. 7. I have examined the certification entitled "State or Local Government: FY 2018 Certification of Compliance with 8 U.S.C. §§ 1373 & 1644" executed by the chief legal officer of the applicant government with respect to the FY 2018 JAG program and submitted in support of the application described above, and I certify that I have no reason to believe that certification to be false or otherwise incorrect. (This provision is not applicable to Indian tribal government applicants.) 8. I have examined the certification entitled "State or Local Government: FY 2018 Certification Relating to 8 U.S.C. §§ 1226(a) & (c), 1231 (a), 1324(a), 1357(a), & 1366(1) & (3)" executed by the chief legal officer of the applicant government with respect to the FY 2018 JAG program and submitted in support of the application described above, and I certify that I have no reason to believe that certification to be false or otherwise incorrect. (This provision is not applicable to Indian tribal government applicants.) Signatur of Chief Executive of the Applicant Unit of Local Government Mo.tl Hall Printed Name of Chief Executive Name of Date of Certification Rev.August 22, 2018