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HomeMy WebLinkAbout05.H- Police Department '- Consent Calendar City of San Bernardino Request for Council Action Date: December 8, 2016 o L To: Honorable Mayor and City Council Members U a From: Mark Scott, City Manager o By: Jarrod Burguan, Chief of Police 00 L John Cardillo, Sergeant ° 0 Subject: Memorandum of Understanding Between the City of San Bernardino and the City of Fontana Police Department and for the Implementation of the Bureau of Justice Assistance (BJA) Body-Worn Camera Pilot Implementation Program Grant r OR N r O Recommendation C Adopt Resolution approving the Memorandum of Understanding with the Fontana Police Department for the implementation of the Bureau of Justice Assistance (BJA) Body Worn Camera Implementation Program Grant and authorizing the City Manager, or designee, to execute the agreement. Background m a The San Bernardino Police Department has been awarded a grant from the Department CO of Justice for the implementation of the Body Worn Camera (BWC) Program for Mid- Sized Agencies in the amount of$546,502. This grant was a joint venture with Fontana 0 Police Department (FPD), with FPD being the sub-grantee. The grant awards $273,251 to each agency with the said agency providing matching funds for the purchase of Body Worn Cameras, training and other related expenses. The project will purchase a total of 200 BWCs at a cost of about $1,366 per camera. All proposed costs will be incurred in ,0 year one with exception of 1) Evidence.com year two licensing fee, 2) upgrade plan costs for year two, and 3) attendance at one workshop/conference. w Discussion a A condition of the grant is to have an MOU with FPD and the District Attorney's office. The MOU establishes guidelines between all said agencies in regards to the storage of evidence, reporting requirements and training. After the completion of the MOU and acceptance of all involved parties, money can be drawn down to purchase the equipment and start the program Packet Pg. 102 Fiscal Impact There is no financial impact to the FY16/17 budget with the item. The adopted FY16/17 budget includes an appropriation for the entire grant amount. Account Budgeted Amount: $546,502 Account No. 123-210-8042 Account Description: Grants, Police, Body Worn Camera FY15 Balance as of: 7/1/16 d Balance after approval of this item: $546,502 E U Please note this balance does not indicate available funding. It does not include non- 0 encumbered reoccurring expenses or expenses incurred, but not yet processed. 0° L Conclusion 0 0 Implementation of the Body Worn Camera Program requires the approval of the MOU with the Fontana Police Department. ti Attachments T CR Attachment 1 — MOU between City of San Bernardino and the Fontana Police Department c CL a) Attachment 2 — Grant award letter from the Department of Justice and Cooperative ly Agreement 'Ln V U Ward: m Q Synopsis of Previous Council Actions: m L W 7/18/16 Resolution 2016-155 adopted authorizing the execution of a Memorandum of Understanding between the City of San Bernardino,the City of Fontana g and the District Attorney's Office for the Camera Pilot Implementation c Program Grant from the Bureau of Justice Assistance. 0 U- 1/22/16 Resolution 2016-7 adopted authorizing the receipt and obligation of the FY15 Body Worn Camera Pilot Implementation Program Grant from the 0 E Bureau of Justice Assistance. ca Q Packet Pg. 103 5.H.b RESOLUTION NO. 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA 2 BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM O UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE CIT 3 OF FONTANA POLICE DEPARTMENT FOR THE IMPLEMENTATION OF THE BUREAU OF JUSTICE ASSISTANCE (BJA) BODY-WORN CAMERA PILO 4 IMPLEMENTATION PROGRAM GRANT 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITYo OF SAN BERNARDINO AS FOLLOWS: E 6 M U SECTION 1. The City Manager is hereby authorized to execute on behalf of the City 7 o m Memorandum of Understanding (MOU) between the City of San Bernardino Police Department c 8 j and the City of Fontana Police Department, as grantee and sub-grantee respectively, for the BJA O 9 10 Body Worn Camera Project Grant being administered by the San Bernardino Police Department v 11 a copy which is attached hereto, marked as Exhibit"A" and incorporated herein by this reference N 12 as fully as though set forth at length; o m 13 SECTION 2. The authorization to execute the above referenced MOU is rescinded if it c 14 is not fully executed within ninety(90) days of this Resolution. U 15 Q 16 L 17 D O 18 R 19 0 "- 20 CD E 21 co 22 23 24 25 1 Packet Pg. 104 wim RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA 1 BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM O UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE CIT 2 OF FONTANA POLICE DEPARTMENT AND THE SAN BERNARDINO COUNT DISTRICT ATTORNEY'S OFFICE FOR THE IMPLEMENTATION OF THE BUREAU 3 OF JUSTICE ASSISTANCE (BJA) BODY-WORN CAMERA PILO IMPLEMENTATION PROGRAM GRANT 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 5 L 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: 7 0 m `0 8 -. COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT 0 9 10 MARQUEZ v BARRIOS 11 VALDIVIA 00 N 12 SHORETT 0 13 NICKEL 14 RICHARD v 0 15 MULVIHILL L) m Q 16 m Georgeann Hanna, City Clerk o 17 "- D O 18 The foregoing Resolution is hereby approved this of 12016. co 19 c 0 U_ 20 R. Carey Davis, Mayor 21 City of San Bernardino c Approved as to form: w 22 Gary D. Saenz, City Attorney a 23 By: 24 25 2 Packet Pg. 9 Q5 r� 5.H.c Memorandum of Understanding- Body Worn Camera Pilot Implementation Program Grant Funding MEMORANDUM OF UNDERSTANDING CITY OF SAN BERNARDINO POLICE DEPARTMENT AND THE FONTANA POLICE DEPARTMENT REGARDING BODY WORN CAMERA PILOT IMPLEMENTATION PROGRAM GRANT FUNDING N L CD THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective 20_ between THE CITY OF SAN M U BERNARDINO POLICE DEPARTMENT and the ("Participating Agency") under the following terms and conditions: M 0 1.The Participating Agency agrees to comply with the BJA Cooperative Agreement for the Body Worn Camera Pilot 0 Implementation Program(Attachment A). rn 2. The Participating Agency agrees to comply with United States Department of Justice — Bureau of Justice Assistance Grant Program guidance, processes and requirements. `r° N 3. The participating agency agrees to designate a Project Manager and Grant Manager for each project awarded and provide the contact information of those individuals to the City of SAN BERNARDINO POLICE DEPARTMENT J 0 BJA. Upon any changes to the original designation the agency will provide written notification and updated contact information. 0 U 4. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from m grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend$300,000 m or more of federal funds during their respective fiscal year agree to submit an organization wide financial and 0- compliance audit report. The audit shall be performed in accordance with the U. S. General Accounting Office p Government Auditing Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department of Justice; ca Pass-Through Agency: Office of Justice; Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). C c 0 The records shall be maintained and retained in accordance with BJA grant requirements and shall be available for u_ audit and inspection by the City and designated grant agent personnel. E U 5. The Participating Agency agrees that all its expenditures shall be in accordance with the approved project ;g expenditures and allowable costs as submitted to the City and approved by the Bureau of Justice Assistance Grants Q Program Directorate. 6. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees,from and against all liability arising out of the Participating Agency's acts or omissions under this MOU. Packet Pg. 106 5.H.c Memorandum of Understanding-Body Worn Camera Pilot Implementation Program Grant Funding 7. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees,from and against all liability arising out of the City's acts or omissions under this MOU. 8.The Participating Agency agrees to provide the Certificate of Non-Supplanting(Attachment B). 9. The Participating Agency agrees to provide the Certification regarding Debarment, Suspension and Other responsibility matters(Attachment Q. ca L 10. The City agrees to treat Participating Agency as a Subgrantee for all purposes under the United States E M Department of Justice— Bureau of Justice Assistance Grant, including sharing equally in all funds provided under U the Grant, communicating openly as to all information provided by the Department of Justice, and otherwise m certifying that Participating Agency is an equal recipient of all benefits conferred by the Grant. 0 D 11. The Subgrantee Performance Period for Award number 2015-DE-BX-KO57 is from October 1, 2015 to September 30,2017. ti v IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of SAN BERNARDINO POLICE DEPARTMENT and the Fontana Police Department, by and through their authorized representatives. 0R N T O 1 Y CITY OF SAN BERNARDINO PARTICIPATING AGEN Y L O By: By: U 00 Title: Title: /1,ay a'Ie,{// m L 0 Attest: Attest: '~ O By: By: is Title: Title: 0 LL _ m E U City Clerk f° r Q Approved as to form: Title::3Cjq:: r Sufseuisiag City Attorney Packet Pg. 107 S.H.c Memorandum of Understanding- Body Worn Camera Pilot Implementation Program Grant Funding Governing Body Resolution (For Operational Areas and Urban Area's) BE IT RESOLVED BY THE (Governing Body) OF THE THAT (Name of Applicant) m OR @ (Name or Title of Authorized Agent) V 0 OR m (Name or Title of Authorized Agent) o O (Name or Title of Authorized Agent) r ti v is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the r laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance 00 N provided by the federal Department of Justice and sub-granted through the State of California. O M Passed and approved this day of 20 c L Certification O U 1, duly appointed and m (Name) m L of the (Title)(Governing Body) O do hereby certify that the above is a true and correct copy of a resolution passed and approved by the = ca c 0 of the on the u_ (Governing body)(Name of Applicant) d E t day of 20 Q (Official Position) (Signature) Packet Pg. 108 5.H.c Department of Justice Office of Justice Programs Office of the Assistant Attorney General Washington,D.C. 10531 September 21,2015 rn c� L Chief Jarred Burguan d City of San Bernardino R 300 North D Street U San Bernardino,CA 92418 O Dear ChiefBurguan: m L On behalf of Attorney General Loretta Lynch,it is my pleasure to inform you that the Office of Justice Programs has approved w 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. 0 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 d action as appropriate. tp r If you have questions regarding this award,please contact: CR N T Program Questions,Gerardo Velazquez,Program Manager at(202)353-8645;and 0 Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at S` (800)458-0786,or you may contact the CSC at ask.oefo @usdoj.gov. C Congratulations,and we look forward to working with you. Sincerely, U co Karol Virginia Mason M L Assistant Attorney General ,0 O Enclosures to C C O LL C d E t U w Q Packet Pg. 109 S.H.c 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 O Website:www.ojp.usdoj.gov/ocr U O September 21,2015 m O Chief Jarrod Burguan City of San Bernardino O 300 North D Street San Bernardino,CA 92418 " r to ti Dear Police Chief Burguan: Congratulations on your recent award. In establishing financial assistance programs,Congress linked the receipt of federal funding to r compliance with federal civil rights laws. The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of Justice tb (DOJ)is responsible for ensuring that recipients of financial assistance from the OJP,the Office of Community Oriented Policing Services r (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. O Ensuring Access to Federally Assisted Programs C Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race,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 C9 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 M Against Women Act of 1994(VAWA)by including a nondiscrimination grant condition that prohibits discrimination based on actual or Q 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 m asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions 0 are available at http://ojp,gov/about/ocr/vawafags.litm. :3 O Enforcing Civil Rights Laws 2 cc 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 ti 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. E t V t0 Q Packet Pg. 110 S.H.c 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 N http://www.lep.gov. Q E Ensuring Equal Treatment for Faith-Based Organizations U The DOJ regulation,Equal Treatment for Faith-Based Organizations,28 C.F.R.pt.38,requires State Administering Agencies(SAAB)to >' treat faith-based organizations the same as any other applicant or recipient. The regulation prohibits SAAB from making awards or grant m0 administration decisions on the basis of an organization's religious character or affiliation,religious name,or the religious composition of its board of directors. O 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 O 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 ti http://www.ojp.usdoj.gov/about/ocr/equal_fbo.htm. SAAB 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 OR 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 cV T at 42 U.S.C.§13925(b)(13))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- O case basis to pen-nit 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 m 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 m Civil Rights Act of 1964(June 2013),available at http://www.ojp.usdoj.gov//about/ocr/pdfs/tJseofConviction_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 ,0 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 O an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans(EEOPs)(see below). ctz c Complying with the Safe Streets Act w c An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act,must meet two O 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) LL submitting to the OCR findings of discrimination(see 28 C.F.R.§§42.204(c),.205(c)(5)). _ d E z U t4 Q Packet Pg. 111 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 hLtp://www,ojp,usdoj.gov/about/ocr/pdfs/cert.pdf N 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 W organization has to maintain the Utilization Report on file and make it available for review on request. In addition,your organization has to U 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. 0 M 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 L. employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report `F- (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 O organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at littp://www,ojp.usdoj.gov/abotit/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. co T Meeting the Requirement to Submit Findings of Discrimination a0 N 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, r 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 M L SAAB must have standard assurances to notify subrecipients of their civil rights obligations,written procedures to address discrimination (7 complaints filed against subrecipients,methods to monitor subrecipients'compliance with civil rights requirements,and a program to train U subrecipients on applicable civil rights laws. In addition,SAAB 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 m subrecipients. For more information on the MOA requirement,see hitp://www.ojp.usdoj.gov/funding/other_requirenients.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial m assistance,please contact us. ,0 O c to c 0 LL c m E c� Q Sincerely, Michael L.L.Alston Director cc: Grant Manager Financial Analyst Packet Pg. 112 �Hc . Department of Justice Office of Justice Programs PAGE 1 of 8 Bureau of Justice Assistance Cooperative Agreement 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2015-DE-BX-K057 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 10l 12015 TO 09130(2017 N M L 6.AWARD DATE 09/21/2015 7.ACTION d E 2a.GRANTEE IRS/VENDOR NO, 8.SUPPLEMENT NUMBER Initial M 956007721 00 T 2b.GRANTEE DUNS NO. 9.PREVIOUS AWARD AMOUNT $0 O 805349206 m L 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $546,502 O Body-Worn Camera Project w 11.TOTAL AWARD $546,502 12,SPECIAL CONDITIONS r THE ABOVE GRANT PROJECT 1S APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARF.SET FORTH ON THE ATTACHED PAGE(S). tp r 13.STATUTORY AUTHORITY FOR GRANT 00 This project is supported under FYI5(BJA-Body-worn Cameras)42 USC 3756(a)(1);42 USC 3715 note N r 14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number) 0 16.738-Edward Byrne Memorial Justice Assistance Grant Program 15.METHOD OF PAYMENT C GPRS 0 U .- AGENCY APPROVAL -- GRANTEE,ACCEPTANCE m 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Q 7 Karol Virginia Mason Jarrod Burguen m Police Chief L Assistant Attorney General 0 0 2 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE.OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE M 0 LL AGENCY USE ONLY C 20.ACCOUNTING CLASSIFICATION CODES 21. PDEUGT1586 fv FISCAL FUND BUD. DIV. t YEAR CODE ACT. OFC, REG. SUB. POMS AMOUNT U ttS X H DE 80 00 00 546502 Q OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2(REV.4-88) Packet Pg. 113 Department of Justice �+ Office of Justice Programs AWARD CONTINUATION QD Bureau of Justice Assistance SHEET PAGE 2 OF s Cooperative Agreement PROJECTNUMBER 2015-DE-BX-KO57 AWARD DATE 09/21/2015 SPECIAL CONDITIONS L 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 t0 U 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 'a 0 Requirements,which were first adopted by DOJ on December 26,2014,. supersede,among other things,the provisions m of 28 C.F.R.Parts 66 and 70,as well as those of 2 C.F.R.Parts 215,220,225,and 230. 0 y„ 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) O that are obligated on or after the acceptance date of this 2015 award. 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 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). T For more information on the Part 200 Uniform Requirements,including information regarding the potentially-available eo N grace period described above,see the Office of Justice Programs(OJP)website at r http://ojp.gov/funding/Part200UnifonnRequirernents.htm. O 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. `L^ V 2. The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website V (currently,the"2015 DOJ Grants Financial Guide"). M 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(ifrecipient is Q 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 m as the recipient is in compliance,or termination of the award. 0 4. The recipient understands and agrees that OJP may withhold award funds,or may impose other related requirements,if 0 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 of DOJ awards. G O 5. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the U. enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the express prior written approval of OJP. d E 6. The recipient and any subrecipients must promptly refer to the DOJ OIG any credible evidence that a principal, v 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 Q 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 OJP FORM 4000/2(REV.4-88) Packet pg. 114 15,H.� Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE. 3 OF a Cooperative Agreement PROJECTNUMBER 2015-DE-BX-KO57 AWARD DATE 09/2112015 SPECIAL CONDITIONS rn to L 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 V 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 m information. L O 4- 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 infonmation),Form 4414(which relates to O sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information. r 1. In accepting this award,the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees tD or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or 7 eo contractors from reporting waste,fraud,or abuse as described above;and nj r b. certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, 0 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 of)such obligations only if expressly authorized to do so by that agency. to L 2. If the recipient does or is authorized to make subawards or contracts under this award-- U a. it represents that-- m (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 m agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or C 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 0 b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds M under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit ;4 or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will O immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to ty the agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. tv E 8. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any t contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its M subsidiaries,without the express prior written approval of OJP. Q 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. OJP FORM 4000/2(REV.4.88) Packet Pg. 115 Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 4 OF s Cooperative Agreement PROJECTNUMBER 2015-DE-BX-K059 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 10. The recipient agrees to comply with applicable requirements regarding registration with the System for Award d Management(SAM)(or with a successor government-wide system officially designated by OMB and OJP). The E 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 V 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 0 special condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated L to any business or non-profit organization that he or she may own or operate in his or her name). 0 11. Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed,Reg. 0 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 funded by this grant,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 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 CR related to conferences,meetings,trainings,and other events,including the provision of food and/or beverages at such cV r events,and costs of attendance at such events.Information on rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"2015 DOJ Grants Financial Guide"). 0 13. The recipient understands and agrees that any training or training materials developed or delivered with funding r provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,available at http://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm. 14. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds L) 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 m 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 m change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. L 0 W 15. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those O funds,or of the parents or legal guardians of such students. la t6. The recipient understands and agrees that-(a)No award funds may be used to maintain or establish a computer t�t3 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 0 0 other entity carrying out criminal investigations,prosecution,or adjudication activities. LL C 17. A recipient that is eligible under the Part 200 Uniform Requirements to use the"de minimis"indirect cost rate E 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 v 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). Q 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 400012(REV.4-88) Packet Pg. 116 ft2{i :M H C Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 8 Cooperative Agreement PROJECT NUMBER 2015-DE-BX-KO57 AWARD DATE 09/2112015 SPECIAL CONDITIONS M tts L 19. The award recipient agrees to participate in a data collection process measuring program outputs and outcomes.The d data elements for this process will be outlined by the Office of Justice Programs. R U 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 0 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. 0 M 21. The recipient agrees to cooperate with any assessments,national evaluation efforts,or information or data collection 0 requests,including,but not limited to,the provision of any information required for the assessment or evaluation of any 2 activities within this project. r 22. All procurement(contract)transactions under this award must be conducted in a manner that is consistent with applicable Federal and State law,and with Federal procurement standards specified in regulations governing Federal awards to non-Federal entities. Procurement(contract)transactions should be competitively awarded unless r circumstances preclude competition. Noncompetitive(e.g.,sole source)procurements by the award recipient in excess 00 of the Simplified Acquisition Threshold(currently$150,000)set out in the Federal Acquisition Regulation must C j receive prior approval from the awarding agency,and must otherwise comply with rules governing such procurements found in the current edition of the OJP Financial Guide. O 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 C obligation or expenditure of such funds. 24. The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in U certain circumstances,to report the names and total compensation of the five most highly compensated executives of m the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward 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 C 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). 0 25. 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 Y incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System C O (GMS)to document changes. u_ 26. The recipient agrees to comply with OJP grant monitoring guidelines,protocols,and procedures,and to cooperate with y BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic E desk reviews,and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to v 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. Q 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 400012(REV.4-88) Packet Pg. 117 Department of Justice Office of Justice Programs AWARD CONTINUATION QD Bureau of Justice Assistance SHEET PAGE 6 OF s Cooperative Agreement PROJECTNUMBER 2015-DE-BX-KO57 AWARD DATE 09/21/2015 SPECIAL CONDITIONS rn t� 27. The recipient acknowledges that the Office of Justice Programs(OJP)reserves a royalty-free,non-exclusive,and 0) irrevocable license to reproduce,publish,or otherwise use,and authorize others to use(in whole or in part,including in E connection with derivative works),for Federal purposes:(1)any work subject to copyright developed under an award U or subaward;and(2)any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. O m 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- :3 14(Rights in Data-General). 0 It is the responsibility of the recipient(and of each subrecipient,if applicable)to ensure that this condition is included in any subaward under this award. The recipient has the responsibility to obtain from subrecipients,contractors,and subcontractors(if any)all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, 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 Cj question without further authorization from the OJP program office. r 28. Any Web site that is funded in whole or in part under this award must include the following statement on the home O 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 tLC Bureau of Justice Assistance,Office of Justice Programs,U.S.Department of Justice.Neither the U.S.Department of O Justice nor any of its components operate,control,are responsible for,or necessarily endorse,this Web site(including, V without limitation,its content,technical infrastructure,and policies,and any services or tools provided)."The full text of the foregoing statement must be clearly visible on the home page.On other pages,the statement may be included m through a link,entitled"Notice of Federal Funding and Federal Disclaimer,"to the full text of the statement. Q m 29. All program authority and responsibility inherent in the Federal stewardship role shall remain with the Bureau of L Justice Assistance(BJA). BJA will work in conjunction with the recipient to routinely review and refine the work plan ,Q so that the program's goals and objectives can be effectively accomplished. BJA will monitor the project on a continual basis by maintaining ongoing contact with the recipient and will provide input to the program's direction,in O consultation with the recipient,as needed. tB C 30. Recipient understands and agrees that it must submit quarterly Federal Financial Reports(SF-425)and semi-annual e4 performance reports through GMS(https:Hgrants.ojp.usdoj.gov),and that it must submit quarterly performance metrics = O reports through BJA's Performance Measurement Tool(PMT)website(www.bjaperfotmancetools.org).For more LL 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. _ d E t L) M Y Q ON FORM 4000/2(REV.4-88) Packe"t,Pg.'118" Department of Justice Office of Justice Programs AWARD CONTINUATION c Bureau of Justice Assistance SHEET PAGE 7 OF s Cooperative Agreement PROJECT NUMBER 2015-DE-EX-K057 AWARD DATE 09/2112015 SPECIAL CONDITIONS rn tv L 31. Within 45 calendar days after the end of any conference,meeting,retreat,seminar,symposium,training activity,or d similar event funded under this award,and the total cost of which exceeds$20,000 in award funds,the recipient must R provide the program manager with the following information and itemized costs: U A 1)name of event; 0 O M 2)event dates; L O 3)location of event; O 4)number of federal attendees; 5)number ofnon-federal attendees; ti d' 6)costs of event space,including rooms for break-out sessions; to T 7)costs of audio visual services; 00 N 8)other equipment costs(e.g.,computer fees,telephone fees); T 9)costs of printing and distribution; 0 10)costs of meals provided doing the event; to 11)costs of refreshments provided during the event; 12)costs of event planner; U 3. m 13)costs of event facilitators;and Q 14)any other costs associated with the event. 00 L O The recipient must also itemize and report any of the following attendee(including participants,presenters,speakers) costs that are paid or reimbursed with cooperative agreement funds: 0 1)meals and incidental expenses(M&IE portion of per diem); C to 2)lodging; O O u_ 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. d t 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. Q 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. 119 Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 8 OF 8 Cooperative Agreement PROJECTNUMBER 2015-DE-BX-KO57 AWARD DATE 09/21/2015 SPECIAL CONDITIONS to c,s L 32. The recipient is authorized to obligate,expend,or draw down funds in an amount not to exceed 10%of this award for d the sole purpose of developing a Body-Worn Camera(BWC)policy.The BWC policy must be submitted no later than R 180 days of award acceptance,unless an extension for good cause shown has been granted by BJA.The recipient is not U 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) 0 removing this condition. m L 33. The recipient may not obligate,expend or draw down funds until the Office of the Chief Financial Officer(OCFO)has 0 approved the budget and budget narrative and a Grant Adjustment Notice(GAN)has been issued to remove this special :3 condition. 0 34. With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any �- employee of the award recipient at a rate that exceeds 110%of the maximum annual salary payable to a member of the tom. federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System d: for that year. (An award recipient may compensate an employee at a higher rate,provided the amount in excess of this 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 T discretion of the OJP official indicated in the program announcement under which this award is made. O 35. The recipient agrees to submit to BJA for review and approval any curricula,training materials,proposed publications, 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, to visual,or audio publications,with the exception of press releases,whether published at the grantee's or government's L 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 V Justice's Office of Justice Programs,which also includes the Bureau of Justice Statistics,the National Institute of m 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 position or policies of the U.S.Department of Justice."The current edition of the OJP Financial Guide provides m guidance on allowable printing and publication activities. '' O 4- 36. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has received and approved the required application attachment(s)and has issued a Grant Adjustment Notice (GAN)releasing this special condition. C tE w C O UL t: G 01 E t V R r Q OJP FORM 4000/2(REV.4-88) PaCket %i 12Q i S.H.c Department of Justice *' Office of Justice Programs Bureau of Justice Assistance Washington,D.C. 10531 N Memorandum To: Official Grant File y E From: Orbin Terry,NEPA Coordinator U A Subject: Categorical Exclusion for City of San Bernardino 0 L 0 W M Awards under this program will be used to plan or implement a body worn camera program. None of the 0 following activities will be conducted whether under the Office of Justice Programs federal action or a related third party action: ti (1)New construction, 73 (2)Any renovation or remodeling of a property located in an environmentally or historically sensitive area, r including property(a)listed on or eligible for listing on the National Register of Historic Places,or(b)located 00 within a 100-year flood plain,a wetland,or habitat for an endangered species. N (3)A renovation which will change the basic prior use of a facility or significantly change its size. (4)'Research and technology whose anticipated and future application could be expected to have an effect on the 0 environment. (5)Implementation of a program involving the use of chemicals. L Additionally,the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety C7 would not meet the criteria for a categorical exclusion. Consequently,the subject federal action meets the Office of Justice Programs'criteria for a categorical exclusion as contained in paragraph 4(b)of Appendix D to Part 61 of m Title 28 of the Code of Federal Regulations. Q 00 L 0 D O ca c ca c 0 LL r.: C d E t V t6 Q Packet Pg. 121 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 FYIS(BJA-Body-worn Cameras)42 USC 3756(a)(1);42 USC 3715 note N O i d 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) E Gerardo Velazquez AdamAunti W ffi (202)353-8645 Police Sergeant 710 North"D"Street -p San Bernardino,CA 92401 O (909)384-5606 m i O 3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS M ON REVERSE) 0 BJA FY 15 Body-Worn Camera Policy and Implementation Program:Implementation of New BWC Program for Mid-Sized Agencies r 0 ti 4.TITLE OF PROJECT c0 T Body-Worn Camera Project 00 N T 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE O City of San Bernardino 300 North D Street ' San Bernardino,CA 92418 C f� ,,L^^ V 7.PROGRAM PERIOD 8.BUDGET PERIOD V FROM: 10/01/2015 TO: 09130/2017 FROM: 10/01/2015 TO: 09/30/2017 m Q 9.AMOUNT OF AWARD 10.DATE OF AWARD m $546,502 09/21/2015 C w IL.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT O E M C lQ 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT O LL C 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) 0) 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 V 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 Q support the implementation of body-wom 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 400012(REV.4-88) Packet Pg. 122 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. CAINCF to L U a O CO L O D 00 G r T eD N T D C0 G 0 L U CO Q CO L O D 0 G M O tl Y Qr E U ttS Q Packet Pg. 123 S.H.c Attachment B Certificate of Non-Supplantins In acceptance of the provisions of the Bureau of Justice Assistance FY 15 Body-Worn Camera Pilot Implementation Program as part of the Edward Byrne Memorial Justice Assistance Grant Program, the applicant hereby certifies that federal funds will not be used to supplant or replace funds or other resources, but will instead be used to increase the amounts of such funds that would otherwise have been made available for this project. a d E �o U Signat a 0f isc icer Date o m L 4- O T ti v T CR N T CO G V U m Q m L 0 4- CO G 0 C 0 a+ 0 LL 0 E V �.a Q Packet Pg.124 S.H.c 0 Attachment C Certification Regarding Debarment,Suspension,and Other Responsibility Matters This certification is required by the regulations implementing Executive Order 12549, Debarmant and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register(pages 19160-19211). Copies of the regulations are available from local offices of the U.S.Small Business Administration. E E (1) The participating agency certifies to the best of its knowledge and belief that it and its U principals: 0 M (a) Are not presently debarred, suspended, proposed for disbarment, declared o ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; O (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or cc T performing a public (Federal, State, or local) transaction or contract under a OR public transaction;violation of Federal or State antitrust statutes or commission r of embezzlement, theft, forgery, bribery, falsification or destruction of records, D O making false statements,or receiving stolen property; ,%W►' c (c) Are not presently indicted for or otherwise criminally or civilly charged by a P governmental entity (Federal, State, or local) with commission of any of the U offenses enumerated in paragraph (1)(b)of this certification;and 3: m (d) Have not within a three-year period preceding this application had one or more m public transactions(Federal,State,or local)terminated for cause or default. c 0 D (2) Where the participating agency is unable to certify to any of the statements in this 0 certification, such participating agency shall attach an explanation. ca ca Y C 0 U_ Date: 7 / By - Y (IK ert Title of Authorized Representative) E t �a Y Y Q Packet Pg. 125