HomeMy WebLinkAbout05.J- Body Worn Camera Pilot Implementation Program Grant RESOLUTION (ID # 4188) DOC ID: 4188 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Grant
From: Jarrod Burguan M/CC Meeting Date: 01/19/2016
Prepared by: John Cardillo, (909) 384-
5606
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Receipt and Obligation of the FY 15 Body Worn Camera Pilot Implementation
Program Grant from the Bureau of Justice Assistance (BJA). (#4188)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: 546,502
Account No. 123-210-0078-0000
Account Description: Police-Body Worn Camera Grant
Balance as of: 11/30/2015
Balance after approval of this item: $546,502
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
The Bureau of Justice Assistance (BJA), through the Edward Byrne Memorial Justice
Assistance Grant Program, accepted applications for a new funding opportunity in June
2015 titled BJA FY15 Body-Worn Camera Pilot Implementation Program. To enhance
the City's chances of being awarded a grant, the San Bernardino and Fontana Police
Departments co-authored a grant application in the Program for Mid-Sized Agencies.
The maximum grant award for a mid-sized agency is $600,000.
The Body Worn Camera (BWC) total funding request is $546,500. Funding will be used
to help offset the cost of purchasing BWC equipment, ancillary devices and services,
and the mandatory national and regional training/conferences. The total project cost is
$1,093,000 (rounded). BWC funding will provide a 50% reimbursement, which is
$546,500 and both the City of San Bernardino and City of Fontana will equally share the
balance of costs, which represents the required 50% local match. San Bernardino City,
serving as the lead applicant, will coordinate reimbursement from the City of Fontana as
part of post-award activities. This BWC application and budget was developed in
partnership with the City of Fontana.
The project scope of work is to acquire 400 body-worn cameras. The BWC funding
request does not exceed the $1,500 maximum per camera threshold established by the
Updated: 1/13/2016 by Linda Sutherland C I Packet Pg.251
4188
BJA. Our funding request is $1,366 per camera (rounded); a total of$546,500 for 400
cameras.
The purpose of collaborating as two police departments in submitting this proposal is to
reduce our implementation costs internally and to leverage the size of our system
purchases to possibly influence cost savings from providers. Both police departments
are also committing to entering into five-year agreements with the successful vendor,
which will further contribute to cost savings. In addition, we are foregoing requesting
funds for project management, grant management, and policy development. Our
project team will expend significant hours coordinating and managing the BWC planning
and implementation process; however, in an effort to reduce our administrative/time
keeping burden, we are contributing our local match as all cash that will be applied to
the cost of purchasing the BWCs , ancillary equipment, software, etc., and mandatory
workshop/conference costs.
To extend longevity and reliability of the BWC program, each City will continue to
allocate City funds for licensing, software, and storage starting the third year of the
program.
All proposed costs will be incurred in year one with the exception of three items: 1)
evidence.com year two licensing fee, 2) upgrade plan costs for year two, and 3)
attendance at one workshop/conference.
Financial Impact:
The City of San Bernardino will be awarded $546,502 in BJA grant funds, a cash match
of $273,250 will come from the Police General Fund budget. The FY15/16 General
Fund budget includes $250,000 to be used for this match. One half of the grant funding
($273,250) will be used to reimburse the City of Fontana for their camera purchases.
The City of Fontana will be responsible for a cash match of the same amount.
Body Worn Camera Federal Funding
Account Number Description Amount
123-210-0078-5132 Meetings & Conferences $3,650
123-210-0078-5102 (400) Body cameras $280,000
123-210-0078-5181 Data Storage $247,852
123-210-0078-5133 Training $7,500
Total Grant Funding $546,502
San Bernardino General Fund Grant Match
Account Number Description Amount
001-210-0078-5132 Meeting & Conferences $1,825
001-210-0078-5102 (200) Body cameras $140,000
001-210-0078-5181 Data Storage $123,926
001-210-0078-5133 Training $7,500
Total City Cash Match $273,251
Updated: 1/13/2016 by Linda Sutherland C Packet Pg.252
4188
Fontana Grant Match - $273,251
City Attorney Review:
Supporting Documents:
ResolutionToAccept(DOCX)
Grant Award Report(PDF)
Updated: 1/13/2016 by Linda Sutherland C Packet Pg.253
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RESOLUTION NO.
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
2 BERNARDINO AUTHORIZING THE RECEIPT AND OBLIGATION OF THE FY 1
BODY WORN CAMERA PILOT IMPLEMENTATION PROGRAM GRANT FROM
3 THE BUREAU OF JUSTICE ASSISTANCE (BJA)
4 WHEREAS, the City of San Bernardino is the Grantee and the City of Fontana is the Sub-
grantee; and
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WHEREAS, each City will share the grant funding and cash match obligation equally.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
7 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 2
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8 SECTION 1: The City Manager, or his designee, is hereby authorized to receive an v
9 obligate grant funds in the amount of$546,502 for the purchase of body worn cameras for police 0
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE RECEIPT AND OBLIGATION OF THE FY 1
2 BODY WORN CAMERA PILOT IMPLEMENTATION PROGRAM GRANT FROM
THE BUREAU OF JUSTICE ASSISTANCE (BJA)
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
5 Common Council of the City of San Bernardino at a meeting thereof,
6 held on the day of , 2016,by the following vote,to wit:
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8 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT v
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16 Georgeann Hanna, City Clerk 0
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18 The foregoing Resolution is hereby approved this of_ , 2016. m
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20 R. Carey Davis, Mayor
City of San Bernardino a
21 Approved as to form:
Gary D. Saenz, City Attorney
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23 By:
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AllkDepartment of Justice
IVOffice of Justice Programs
Office of the Assistant Attorney General Washington,D.C. 20531
September 21,2015
Chief Jar rod Burguan
City of San Bernardino
300 North D Street
San Bernardino,CA 92418
Dear Chief Burguan:
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 15 Body-Worn Camera Policy and Implementation Program:Implementation of
New BWC Program for Mid-Sized Agencies in the amount of$546,502 for City of San Bernardino. L
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and R
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 R
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative U
action as appropriate. o
If you have questions regarding this award,please contact:
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- Program Questions,Gerardo Velazquez,Program Manager at(202)353-8645;and m
Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at co
(800)458-0786,or you may contact the CSC at ask.ocfo @usdoj.gov.
Congratulations,and we look forward to working with you. 00
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Sincerely,
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Karol Virginia Mason
Assistant Attorney General
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Enclosures R
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OFFICE FOR CIVIL RIGHTS
Office of Justice Programs
Department of Justice
810 7th Street,NW
Washington,DC 20531
Tel:(202)307-0690
TTY:(202)307-2027
E-mail:askOCR @usdoj.gov
Website:www.ojp.usdoj.gov/ocr
September 21,2015
Chief Jarrod Burguan
City of San Bernardino M
300 North D Street C7
San Bernardino,CA 92418
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Dear Police Chief Burguan: V
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Congratulations on your recent award. In establishing financial assistance programs,Congress linked the 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 'a 0
(COPS),and the Office on Violence Against Women(OVW)comply with the applicable federal civil rights laws. We at the OCR are m
available to help you and your organization meet the civil rights requirements that come with DOJ funding. 00
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Ensuring Access to Federally Assisted Programs v
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Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race,color,national origin, CL
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.
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In March of 2013,President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Q
Against Women Act of 1994(VAWA)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
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condition applies to certain programs funded after October 1,2013. The OCR and the OVW have developed answers to some frequently 0
asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions
are available at http://ojp.gov/about/ocr/vawafaqs.htm. 0
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Enforcing Civil Rights Laws
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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.
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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 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
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 cM
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 E
http://www.ojp.usdoj.gov/about/ocr/equal_fbo.htm. tj
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SAAB and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as 0
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 T
Prevention Act of 1974,as amended,42 U.S.C.§5672(b)•and VAWA,Pub.L.No.113-4,sec.3(b)(4),127 Stat.54,61-62(to be codified c
at 42 U.S.C.§13925(b)(13))contain prohibitions against discrimination on the basis of religion in employment. Despite these ap
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 00
statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. v
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. o
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Using Arrest and Conviction Records in Making Employment Decisions
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The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Q
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 P
Civil Rights Act of 1964(June 2013),available at http://www.ojp.usdoj.gov//about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients Ca
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 aci
Advisory,recipients should consult local counsel in reviewing their employment practices. If warranted,recipients should also incorporate E
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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 Q
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 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)).
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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/abouVocr/eeop.htm. In addition,your cP
organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at
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h //www.o' usdo'. ov/about/ocr/ dfs/cert. df.
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To comply with the EEOP requirements,you may request technical assistance from an EEOP specialist at the OCR by telephone at(202) j
307-0690,by TTY at(202)307-2027,or by e-mail at EEOsubmisson @usdoj.gov. E
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Meeting the Requirement to Submit Findings of Discrimination
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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, p°p
color,national origin,religion,or sex,after a due-process hearing,from a state or federal court or from a state or federal administrative 0
agency,your organization must send a copy of the finding to the OCR. 00
Ensuring the Compliance of Subrecipients �
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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 a
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 Q
subrecipients. For more information on the MOA requirement,see http://www.ojp.usdoj.gov/funding/other_requirements.htm.
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If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial 0
assistance,please contact us. c
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Sincerely,
Michael L.Alston
Director
cc: Grant Manager
Financial Analyst
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Department of Justice
AML Office of Justice Programs
IWI PAGE 1 of g
Bureau of Justice Assistance
Cooperative Agreement
1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2015-DE-BX-KO57
City of San Bernardino
300 North D Street 5.PROJECT PERIOD:FROM 10/01/2015 TO 09/30/2017
San Bernardino,CA 92418
BUDGET PERIOD:FROM 10/01/2015 TO 09/30/2017
6.AWARD DATE 09/21/2015 7.ACTION
2a.GRANTEE IRS/VENDOR NO. 8.SUPPLEMENT NUMBER Initial
956007721 00
2b.GRANTEE DUNS NO.
805349206 9.PREVIOUS AWARD AMOUNT $0
3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $546,502
Body-Worn Camera Project
11.TOTAL AWARD $546,502
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12.SPECIAL CONDITIONS L
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THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH E
ON THE ATTACHED PAGE(S). U
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13.STATUTORY AUTHORITY FOR GRANT
This project is supported under FY15(BJA-Body-worn Cameras)42 USC 3756(a)(1);42 USC 3715 note a
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14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number)
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16.738-Edward Byrne Memorial Justice Assistance Grant Program 00
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15.METHOD OF PAYMENT
GPRS 0
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AGENCY APPROVAL GRANTEE ACCEPTANCE 3
16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Q
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Karol Virginia Mason Ja rod Burguan
Assistant Attorney General Police Chief
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17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE
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AGENCY USE ONLY
20.ACCOUNTING CLASSIFICATION CODES 21. PDEUGT1586
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DE 80 00 00 546502
OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
CUP FORM 4000/2(REV.4-88)
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Department of Justice
Office of Justice Programs AWARD CONTINUATION
0 Bureau of Justice Assistance SHEET PAGE 2 OF 8
Cooperative Agreement
PROJECT NUMBER 2015-DE-BX-KO57 AWARD DATE 09/21/2015
SPECIAL CONDITIONS
1. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted
and supplemented by the Department of Justice(DOJ)in 2 C.F.R.Part 2800(the'Part 200 Uniform Requirements")
apply to this 2015 award from the Office of Justice Programs(OJP). For this 2015 award,the Part 200 Uniform
Requirements,which were first adopted by DOJ on December 26,2014,supersede,among other things,the provisions
of 28 C.F.R.Parts 66 and 70,as well as those of 2 C.F.R.Parts 215,220,225,and 230.
If this 2015 award supplements funds previously awarded by OJP under the same award number,the Part 200 Uniform
Requirements apply with respect to all award funds(whether derived from the initial award or a supplemental award)
that are obligated on or after the acceptance date of this 2015 award. (9
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Potential availability of grace period for procurement standards: Under the Part 200 Uniform Requirements,a time- °'
limited grace period may be available under certain circumstances to allow for transition from policies and procedures U
that complied with previous standards for procurements under federal awards to policies and procedures that comply
with the new standards(that is,to those at 2 C.F.R.200.317 through 200.326). o
For more information on the Part 200 Uniform Requirements,including information regarding the potentially-available a
grace period described above,see the Office of Justice Programs(OJP)website at m
http://ojp.gov/funding/Part200UniformRequirements.htm.
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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. o
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2. 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").
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3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is
required to submit one pursuant to 28 C.F.R.Section 42.302)that is approved by the Office for Civil Rights is a
violation of the Standard Assurances executed by the recipient,and may result in suspension of funding until such time 0
as the recipient is in compliance,or termination of the award.
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4. The recipient understands and agrees that OJP may withhold award funds,or may impose other related requirements,if r
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, Q
investigations,or reviews of DOJ awards.
5. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the
enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the
express prior written approval of OJP.
6. The recipient and any subrecipients must promptly refer to the DOJ OIG any credible evidence that a principal,
employee,agent,subrecipient,contractor,subcontractor,or other person has--(1)submitted a claim for award funds
that violates the False Claims Act;or(2)committed a criminal or civil violation of laws pertaining to fraud,conflict of
interest,bribery,gratuity,or similar misconduct involving award funds.Potential fraud,waste,abuse,or misconduct
should be reported to the OIG by-mail:Office of the Inspector General U.S.Department of Justice Investigations
Division 950 Pennsylvania Avenue,N.W.Room 4706 Washington,DC 20530 e-mail:oig.hotline @usdoj.gov hotline:
(contact information in English and Spanish):(800)869-4499 or hotline fax:(202)616-9881 Additional information
is available from the DOJ OIG website at www.usdoj.gov/oig
OOJP FORM 4000/2(REV.4-88)
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Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 3 OF 8
Cooperative Agreement
PROJECT NUMBER 2015-DE-BX-KO57 AWARD DATE 09/21/2015
SPECL4L CONDITIONS
7. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient under this award,or entity that receives a contract or subcontract with any funds under this
award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits
or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse
to an investigative or law enforcement representative of a federal department or agency authorized to receive such
information.
The foregoing is not intended,and shall not be understood by the agency making this award,to contravene
requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to L
sensitive compartmented information),or any other form issued by a federal department or agency governing the t7
nondisclosure of classified information.
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1. In accepting this award,the recipient-- U
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a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees o
or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or 3
contractors from reporting waste,fraud,or abuse as described above;and a
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b. certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute m
agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, 00
or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt
written notification to the agency making this award,and will resume(or permit resumption o0such obligations only if
expressly authorized to do so by that agency. o
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2. If the recipient does or is authorized to make subawards or contracts under this award--
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a. it represents that-- 3
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(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward,contract,or subcontract)either requires or has required internal confidentiality
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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
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(2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and
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b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds Q
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will
immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to
the agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized
to do so by that agency.
8. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any
contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its
subsidiaries,without the express prior written approval of OJP.
9. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance
period if the agency determines that the recipient is a high-risk grantee.Cf.28 C.F.R.parts 66,70.
.'ON FORM 4000/2(REV.4-88)
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Department of Justice
Office of Justice Programs AWARD CONTINUATION
a x Bureau of Justice Assistance SHEET PAGE 4 OF 8
Cooperative Agreement
PROJECT NUMBER 2015-DE-BX-KO57 AWARD DATE 09/21/2015
SPECIAL CONDITIONS
10. The recipient agrees to comply with applicable requirements regarding registration with the System for Award
Management(SAM)(or with a successor government-wide system officially designated by OMB and OJP). The
recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire
and provide a Data Universal Numbering System(DUNS)number.The details of recipient obligations are posted on
the Office of Justice Programs web site at http://www.ojp.gov/funding/sam.htm(Award condition:Registration with the
System for Award Management 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).
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11. Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg.
51225(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work fnded by this `6
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grant,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease E
crashes caused by distracted drivers. U
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12. The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific cost
limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses
related to conferences,meetings,trainings,and other events,including the provision of food and/or beverages at such 'a 0
events,and costs of attendance at such events.Information on rules applicable to this award appears in the DOJ Grants m
Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"2015 DOJ Grants Financial Guide"). co
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13. The recipient understands and agrees that any training or training materials developed or delivered with funding
provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,available
at http://www.ojp.usdoj.gov/funding/ojptrainingguidingprincip les.htm. m
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14. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds E
other than this OJP award,and those award funds have been,are being,or are to be used,in whole or in part,for one or 3
more of the identical cost items for which funds are being provided under this OJP award,the recipient will promptly Q
notify,in writing,the grant manager for this OJP award,and,if so requested by OJP,seek a budget-modification or R
change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding.
15. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the m
religious or moral beliefs of students who participate in programs for which financial assistance is provided from those r
funds,or of the parents or legal guardians of such students.
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16. The recipient understands and agrees that-(a)No award funds may be used to maintain or establish a computer
network unless such network blocks the viewing,downloading,and exchanging of pornography,and(b)Nothing in
subsection(a)limits the use of funds necessary for any Federal,State,tribal,or local law enforcement agency or any
other entity carrying out criminal investigations,prosecution,or adjudication activities.
17. A recipient that is eligible under the Part 200 Uniform Requirements 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).
18. The recipient must collect,maintain,and provide to OJP,data that measure the performance and effectiveness of
activities under this award,in the manner,and within the timeframes,specified in the program solicitation,or as
otherwise specified by OJP.Data collection supports compliance with the Government Performance and Results Act
(GPRA)and the GPRA Modernization Act,and other applicable laws.
OJP FORM 4000/2(REV.4-88)
Packet Pg.263
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Department of Justice
Office of Justice Programs AWARD CONTINUATION
is Bureau of Justice Assistance SHEET PAGE 5 OF 8
Cooperative Agreement
PROJECT NUMBER 2015-DE-BX-KO57 AWARD DATE 09/21/2015
SPECIAL CONDITIONS
19. The award recipient agrees to participate in a data collection process measuring program outputs and outcomes.The
data elements for this process will be outlined by the Office of Justice Programs.
20. 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 of 28 C.F.R.Part 22 and,in particular,
section 22.23.
21. The recipient agrees to cooperate with any assessments,national evaluation efforts,or information or data collection
requests,including,but not limited to,the provision of any information required for the assessment or evaluation of any P
activities within this project.
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22. All procurement(contract)transactions under this award must be conducted in a manner that is consistent with U
applicable Federal and State law,and with Federal procurement standards specified in regulations governing Federal 0
awards to non-Federal entities. Procurement(contract)transactions should be competitively awarded unless o
circumstances preclude competition. Noncompetitive(e.g.,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 0
found in the current edition of the OJP Financial Guide.
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23. Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed
justification must be submitted to and approved by the Office of Justice Programs(OJP)program office prior to
obligation or expenditure of such funds. o
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24. The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in
certain circumstances,to report the names and total compensation of the five most highly compensated executives of R
the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward 3
Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability
and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at m
http://ojp.gov/funding/Explore/FFATA.htm(Award condition:Reporting Subawards and Executive Compensation),and (9
are incorporated by reference here. This condition,and its reporting requirement,does not apply to grant awards made
to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization
that he or she may own or operate in his or her name). L
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25. Award recipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized a
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.
26. The recipient agrees to comply with OJP grant monitoring guidelines,protocols,and procedures,and to cooperate with
BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic
desk reviews,and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to
complete monitoring tasks,including documentation related to any subawards made under this award. Further,the
recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's
DOJ awards,including,but not limited to:withholdings and/or other restrictions on the recipient's access to grant
funds;referral to the Office of the Inspector General for audit review;designation of the recipient as a DOJ High Risk
grantee;or termination of an award(s).
�. OJP FORM 4000/2(REV.4-88)
Packet Pg.264
Department of Justice
Office of Justice Programs AWARD CONTINUATION
0 Bureau of Justice Assistance SHEET PAGE 6 OF s
Cooperative Agreement
PROJECT NUMBER 2015-DE-BX-KO57 AWARD DATE 09/21/2015
SPECIAL CONDITIONS
27. The recipient acknowledges that the Office of Justice Programs(OJP)reserves a royalty-free,non-exclusive,and
irrevocable license to reproduce,publish,or otherwise use,and authorize others to use(in whole or in part,including in
connection with derivative works),for Federal purposes:(1)any work subject to copyright developed under an award
or subaward;and(2)any rights of copyright to which a recipient or subrecipient purchases ownership with Federal
support.
The recipient acknowledges that OJP has the right to(1)obtain,reproduce,publish,or otherwise use the data first
produced under an award or subaward;and(2)authorize others to receive,reproduce,publish,or otherwise use such
data for Federal purposes. "Data"includes data as defined in Federal Acquisition Regulation(FAR)provision 52.227-
14(Rights in Data-General). F
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It is the responsibility of the recipient(and of each subrecipient,if applicable)to ensure that this condition is included 2
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in any subaward under this award. °'
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The recipient has the responsibility to obtain from subreci cents,contractors,and subcontractors if an all rights and U
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data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, o
contractor,or subcontractor refuses to accept terms affording the Government such rights,the recipient shall promptly
bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in
question without further authorization from the OJP program office. �0
28. Any Web site that is funded in whole or in part under this award must include the following statement on the home co
page,on all major entry pages(i.e.,pages(exclusive of documents)whose primary purpose is to navigate the user to
interior content),and on any pages from which a visitor may access or use a Web-based service,including any pages
that provide results or outputs from the service:"This Web site is funded in whole or in part through a grant from the 0 CL
Bureau of Justice Assistance,Office of Justice Programs,U.S.Department of Justice.Neither the U.S.Department of m
Justice nor any of its components operate,control,are responsible for,or necessarily endorse,this Web site(including,
without limitation,its content,technical infrastructure,and policies,and any services or tools provided)."The full text a
of the foregoing statement must be clearly visible on the home page.On other pages,the statement may be included :
through a link,entitled"Notice of Federal Funding and Federal Disclaimer,"to the full text of the statement. w
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29. All program authority and responsibility inherent in the Federal stewardship role shall remain with the Bureau of C9
Justice Assistance(BJA). BJA will work in conjunction with the recipient to routinely review and refine the work plan
so that the program's goals and objectives can be effectively accomplished. BJA will monitor the project on a d
continual basis by maintaining ongoing contact with the recipient and will provide input to the program's direction,in r
consultation with the recipient,as needed.
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30. Recipient understands and agrees that it must submit quarterly Federal Financial Reports(SF-425)and semi-annual
performance reports through GMS(https:Hgrants.ojp.usdoj.gov),and that it must submit quarterly performance metrics
reports through BJA's Performance Measurement Tool(PMT)website(www.bjaperformancetools.org).For more
detailed information on reporting and other requirements,refer to BJA's website.Failure to submit required reports by
established deadlines may result in the freezing of grant funds and High Risk designation.
OJP FORM 400012(REV.4.88)
Packet Pg.265
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Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 7 of 8
Cooperative Agreement
PROJECT NUMBER 2015-DE-BX-KO57 AWARD DATE 09/21/2015
SPECIAL CONDITIONS
31. Within 45 calendar days after the end of any conference,meeting,retreat,seminar,symposium,training activity,or
similar event funded under this award,and the total cost of which exceeds$20,000 in award funds,the recipient must
provide the program manager with the following information and itemized costs:
1)name of event;
2)event dates;
3)location of event; Y
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4)number of federal attendees; t;
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5)number of non-federal attendees;
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6)costs of event space,including rooms for break-out sessions; to
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7)costs of audio visual services;
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8)other equipment costs(e.g.,computer fees,telephone fees); 0
9)costs of printing and distribution; w
10)costs of meals provided during the event;
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11)costs of refreshments provided during the event; m
12)costs of event planner;
13)costs of event facilitators;and Q
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14)any other costs associated with the event. `L°
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The recipient must also itemize and report any of the following attendee(including participants,presenters,speakers) E
costs that are paid or reimbursed with cooperative agreement funds: s
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1)meals and incidental expenses(MME portion of per diem); Q
2)lodging;
3)transportation to/from event location(e.g.,common carrier,Privately Owned Vehicle(POV));and,
4)local transportation(e.g.,rental car,POV)at event location.
Note that if any item is paid for with registration fees,or any other non-award funding,then that portion of the expense
does not need to be reported.
Further instructions regarding the submission of this data,and how to determine costs,are available in the OR
Financial Guide Conference Cost Chapter.
OJP FORM 4000/2(REV.4-88)
Packet;Pg:266
0 Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 8 OF 8
Cooperative Agreement
PROJECT NUMBER 2015-DE-BX-KO57 AWARD DATE 09/21/2015
SPECLIL CONDITIONS
32. The recipient is authorized to obligate,expend,or draw down funds in an amount not to exceed 10%of this award for
the sole purpose of developing a Body-Worn Camera(BWC)policy.The BWC policy must be submitted no later than
180 days of award acceptance,unless an extension for good cause shown has been granted by BJA.The recipient is not
authorized to incur any additional obligations,make any additional expenditures,or draw down any additional funds
until BJA has approved the recipient's completed BWC policy and has issued a Grant Adjustment Notice(GAN)
removing this condition.
33. The recipient may not obligate,expend or draw down funds until the Office of the Chief Financial Officer(OCFO)has
approved the budget and budget narrative and a Grant Adjustment Notice(GAN)has been issued to remove this special
condition.
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34. With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any d
employee of the award recipient at a rate that exceeds 110%of the maximum annual salary payable to a member of the E
federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System V
for that year. (An award recipient may compensate an employee at a higher rate,provided the amount in excess of this E
compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at the o
discretion of the OJP official indicated in the program announcement under which this award is made. m
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35. The recipient agrees to submit to BJA for review and approval any curricula,training materials,proposed publications, v
reports,or any other written materials that will be published,including web-based materials and web site content,
through funds from this grant at least thirty(30)working days prior to the targeted dissemination date. Any written,
visual,or audio publications,with the exception of press releases,whether published at the grantee's or government's
expense,shall contain the following statements:"This project was supported by Grant No.2015-DE-BX-KO57
awarded by the Bureau of Justice Assistance.The Bureau of Justice Assistance is a component of the Department of a
Justice's Office of Justice Programs,which also includes the Bureau of Justice Statistics,the National Institute of 3
Justice,the Office of Juvenile Justice and Delinquency Prevention,the Office for Victims of Crime,and the SMART Q
Office.Points of view or opinions in this document are those of the author and do not necessarily represent the official c
position or policies of the U.S.Department of Justice."The current edition of the OJP Financial Guide provides
guidance on allowable printing and publication activities.
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36. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice E
Programs has received and approved the required application attachment(s)and has issued a Grant Adjustment Notice
(GAN)releasing this special condition. w
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OJP FORM 4000/2(REV.4-88
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Washington,D.C. 20531
Memorandum To: Official Grant File
From: Orbin Terry,NEPA Coordinator
Subject: Categorical Exclusion for City of San Bernardino
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Awards under this program will be used to plan or implement a body worn camera program. None of the i
following activities will be conducted whether under the Office of Justice Programs federal action or a related third
party action:
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(1)New construction. v
(2)Any renovation or remodeling of a property located in an environmentally or historically sensitive area, c
including property(a)listed on or eligible for listing on the National Register of Historic Places,or(b)located
within a 100-year flood plain,a wetland,or habitat for an endangered species. c
(3)A renovation which will change the basic prior use of a facility or significantly change its size. m
(4)Research and technology whose anticipated and future application could be expected to have an effect on the 00
environment.
(5)Implementation of a program involving the use of chemicals.
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Additionally,the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety
would not meet the criteria for a categorical exclusion. Consequently,the subject federal action meets the Office ED
of Justice Programs'criteria for a categorical exclusion as contained in paragraph 4(b)of Appendix D to Part 61 of 3
Title 28 of the Code of Federal Regulations. a
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Department of Justice GRANT MANAGER'S MEMORANDUM,PT.I:
Office of Justice Programs PROJECT SUMMARY
Bureau of Justice Assistance
Cooperative Agreement
PROJECT NUMBER
PAGE 1 OF 1
2015-DE-BX-KO57
This project is supported under FY15(BJA-Body-worn Cameras)42 USC 3756(ax 1);42 USC 3715 note
1.STAFF CONTACT(Name& n umber) 2.PR OJEC T DIRECTOR(Name,address&telephone num b
er)
Gerardo Velazquez Adam Affrunti
(202)353-8645 Police Sergeant
710 North"D"Street
San Bernardino,CA 92401
(909)384-5606
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3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS L
BJA FY 15 Body-Worn Camera Policy and Implementation Program:Implementation of New BWC Program for ON REVERSE)
Mid-Sized Agencies R
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4.TITLE OF PROJECT
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Body-Worn Camera Project
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5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE
City of San Bernardino 00
300 North D Street �
San Bernardino,CA 92418 `
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7.PROGRAM PERIOD 8.BUDGET PERIOD
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FROM: 10/01/2015 TO: 09/30/2017 FROM: 10/01/2015 TO: 09/30/2017 cv
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9.AMOUNT OF AWARD 10.DATE OF AWARD
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$546,502 09/21/2015 C7
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11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT E
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13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT
15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse)
The Body Worn Camera Pilot Implementation program(BWC PIP)provides funding to limited units of local government and federally recognized Indian tribes
that perform law enforcement functions,as determined by the department of the interior,and any department,agency,or instrumentality of the foregoing that
performs criminal justice functions(including combinations of the preceding).
The Body-Worn Camera Pilot Implementation Program(BWC PIP),funded under a statutory set-aside for technology purposes(42 U.S.C.§3756(a)(1)),will
support the implementation of body-worn camera programs in law enforcement agencies across the country.The intent of the program is help agencies develop,
implement or enhance,and evaluate a BWC program as one tool in a law enforcement agency's comprehensive problem solving approach to enhance officer
interactions with the public and build community trust. Elements of such an approach include:Implementation of a BWC program developed in a planned and
phased approach;Collaboration that leverages partnerships with cross-agency criminal justice stakeholders including prosecutors and advocacy organizations;
OJP FORM 4000/2(REV.4-88)
Implementation of appropriate privacy policies;Implementation of operational procedures and tracking mechanisms;Training of officers,administrators,and
associated agencies requiring access to digital multimedia evidence(DME);Adoption of practices and deployment of BWC programs appropriately addressing
operational requirements.
CA/NCF
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