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HomeMy WebLinkAbout20195140.tiffRESOLUTION RE: APPROVE ACCEPTANCE OF STATEMENT OF GRANT AWARD FOR INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK FORCE AND AUTHORIZE CHAIR TO SIGN - CITY OF COLORADO SPRINGS POLICE DEPARTMENT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Statement of Grant Award for the Internet Crimes Against Children (ICAC) Task Force from the City of Colorado Springs Police Department to the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriff's Office and the Northern Colorado Regional Forensic Laboratory, commencing upon full execution, with further terms and conditions being as stated in said Statement of Grant Award, and WHEREAS, after review, the Board deems it advisable to approve and accept said Statement of Grant Award, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Statement of Grant Award for the Internet Crimes Against Children (ICAC) Task Force from the City of Colorado Springs Police Department to the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriff's Office and the Northern Colorado Regional Forensic Laboratory, be and hereby is, approved and accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Statement of Grant Award. cc -% SOCD/Sic), CACT C8C/c6) 01/23/20 2019-5140 SO0040 STATEMENT OF GRANT AWARD FOR INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK FORCE GRANT - CITY OF COLORADO SPRINGS POLICE DEPARTMENT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D., 2019. BOARD OF COUNTY COMMISSIONERS W ; D COUNTY, COLORADO ATTEST: djtifvo W jelto:11 Weld County Clerk to the Board BY: Deputy Clerk to the Board APP . ' AS unty Att•rney Date of signature: 01/0.7. arbara Kirkmeyer, Chair Steve Moreno 2019-5140 SO0040 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: ICAC Grant Award for Signature DEPARTMENT: Sheriffs Office PERSON REQUESTING: Daren Ford, Crime Lab Director DATE: 12/9/19 Brief description of the problem/issue: The Regional Crime Lab has been awarded funds from the Internet Crimes Against Children grant that will pay the license agreements for software used by the digital evidence examiners in the lab. The grant provides funding for 1 year of software maintenance and upgrades for UFED for PC ($3800), Recon Imager ($200), and Recon Lab ($900). This software based tools are critical to the processing of digital evidence submitted to the lab. The board previously approved the submission of a grant to fund this need in August 2019. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Authorize the Chair to Sign the Statement of Grant Award for $4900. • Deny Authorization to sign. This will result in increased cost to the County General Fund to provide this software. • Schedule a work session to discuss the options further Recommendation: I would recommend accepting this award. Approve Schedule Recommendation Work Session Sean P. Conway Mike Freeman, Pro-Tem Scott K. James Barbara Kirkmeyer, Chair Steve Moreno Other/Comments: 2019-5140 COLORADO SPRINGS OLYMPIC CITY USA November 20, 2019 Weld County Sheriff's Office Sheriff Steve Reams Daren Ford -Lab Director Transmitted by Electronic Mail POLICE DEPARTMENT Vincent Niski Chief of Police RE: Statement of Award - Internet Crimes Against Children Task Force — 2018-MC-FX-K027 Sheriff Reams, On behalf of the City of Colorado Springs and the Colorado Springs Police Department (CSPD), it is my pleasure to congratulate you on receiving funding as a subrecipient under the Internet Crimes Against Children Program, offered through the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency Program (OJJDP). The Weld County Sheriff's Office has been awarded $4,900 for the period ending September 30, 2020. This award is subject to all administrative and financial requirements of the Department of Justice, including requirements set forth in the Office of Justice Programs Financial Guide; the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200; and, the timely submission of all financial and statistical information. Enclosed in this packet are the federal award issued by the DOJ and your agency's Statement of Award. We request that your authorized official sign the Statement of Award and initial each additional page where indicated. This action acknowledges your agency's understanding of and compliance with all included information. Prior to expending any funds, the Statement of Award must be fully executed and CSPD must notify you that you have spending authority. As the fiscal agent, CSPD is required to monitor the Weld County Sheriff's Office which may include desk reviews, agency visits, and phone interviews. You will be notified at least 30 days in advance of any scheduled monitoring visits. If you have any questions, please contact Tricia Lykes at 719-444-7808 or Lvkespa@ci.colospgs.co.us. We look forward to working with you, and thank you for all that you do. Regards, 1/44,4614A- /14dc Vincent Niski Chief of Police Internet Crimes Against Children "Safeguarding our Community as our Family" 705 South Nevada Avenue Mailing Address: Post Office Box 2169 • Colorado Springs, CO 80901-2169 020/ 9- 51 Statement of Award Subrecipient Name: Weld County Sheriff's Office Subrecipient DUNS #: 075757955 Subaward Period of Performance: November 20, 2019- September 30, 2020 Total Amount of Federal Funds Awarded to Subrecipient: $4,900 Subrecipient Project Director: Daren Ford Subrecipient Project Director Address: 1950 O Street, Greeley, CO 80631 Approved Budget Detail and Financial Reporting as of November 20.2019 Weld County Sheriff's Office Detail Amount Awarded Supplies: SMS UFED for PC $3,800 SMS for Recon Imager $200 SMS for Recon Lab $900 Total Award: $4,900 Financial Reporting Requirements 1. Financial activities must be made in accordance with the approved budget included in this document, which supersedes any earlier budget request submitted, and which may be different from the budget originally submitted in your application. Subrecipients must secure prior written approval from the CSPD Internet Crimes Against Children Program Coordinator if there is a requested change in any budget item. Failure to seek approval may result in denial of reimbursement. 2. The subrecipient agrees to annually submit one copy of the subrecipient's most recent A-133 audit or financial review to the CSPD Internet Crimes Against Children Program Coordinator, including any management and other auditor comments. 3. The subrecipient agrees to submit quarterly requests for reimbursement no later than 15 days following the end of a calendar quarter. All expenditures must be supported by appropriate documentation. Only actual, approved, allowable expenditures will be permitted. 4. The subrecipient agrees to submit the final reimbursement request no later than 30 days prior to the grant end date. Submission must include the appropriate reimbursement documentation and completed Reimbursement Request form no later than August 31. 2020. Any requests made after this date will not be eligible for reimbursement. 5. The subrecipient certifies Federal funds made available under this award will not be used to supplant State or Local funds; and where there is a reduced or unchanged local investment, the subrecipient shall give a written explanation demonstrating the subrecipients reduced or unchanged commitments would have been necessitated even if Federal financial support under this Federal program had not been made available. 2 Performance Measure/Data Reporting Performance Measure Data Provided Percentage increase in arrests Number of ICAC-related arrests made Percentage increase in staff dedicated to investigating and prosecuting Internet crimes against children Number of investigators and prosecutors dedicated to investigating Internet crimes against children Percentage increase in investigations that led to an arrest or conviction Number of investigations initiated for Internet crimes against children Percentage increase in prosecutions Number of prosecutions for Internet crimes against children Percentage increase in computer forensic examinations completed by the Task Force Number of computer forensic examinations completed by the Task Force Percentage increase in investigative technical assistance sessions provided Number of investigative technical assistance sessions provided by the Task Force Number of law enforcement agencies participating in the ICAC Program standards Number of agencies that sign a Memorandum of Understanding certifying compliance with ICAC Program standards ICAC-related professional trainings Number of ICAC-related trainings provided with number of attendees Community Outreach Number of community presentations or educational workshops held along with number of attendees Programmatic Reporting Requirements 1. The subrecipient agrees to submit required performance metrics and reports via the OJJDP Portal no later than 10 days following the end of each month. Required data that is not captured by the OJJDP Portal shall be submitted to the Internet Crimes Against Children Program Coordinator no later than 10 days following the end of each month. Risk Assessment Checklist Requirements Please provide the CSPD Program Coordinator with the following documents within 90 days of acceptance: • Records Retention policy • A-133 Audit • Procurement Policy If your agency does not have one or more of these policies, please provide a brief explanation as to why that particular policy does not exist your agency may receive further direction from the ICAC Program Coordinator after reviewing your agency's policies. Examples of policies will be provided upon request. Other Reporting Requirements 1. Multipart Document and Additional Requirements a. The subrecipient affirms this agreement consists of a multipart document: the award letter, Statement of Award page, and federal award document with associated special conditions. b. The subrecipient agrees to comply with all requirements, conditions, and regulations as detailed in the enclosed federal award and subrecipient award documents. c. The authorized official must initial each page of this multipart document and sign the Statement of Award indicating understanding and acceptance of all requirements, conditions, and regulations. 2. The subrecipient agrees to promptly notify the CSPD of any changes in the authorized official, ICAC supervisors, ICAC Investigators/Detectives, or finance department contact. 3 3. In the event a federal or state court or federal or state administrative agency makes an adverse finding of discrimination after a due process hearing, on the grounds of race, color, religion, national origin, or sex, the subrecipient agrees to submit a copy of the findings to the CSPD that will be forwarded to the Office for Civil Rights (OCR) for review. RETURN: A signed copy of the Statement of Award shall be returned to Tricia Lykes - Lykespa@ci.colospgs.co.us. After all signatures are obtained, a copy will be returned to the subrecipient. The parties hereto have executed this binding subaward. Persons signing for subrecipient hereby swear and affirm that they are authorized to act on subrecipient's behalf and acknowledge that the Colorado Springs Police Department is relying on their representations to that effect. This award may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery as a scanned ".pdf" format data file, such signature shall create a valid and binding obligation of the party executing with the same force and effect as if such facsimile or ".pdf" signature page were an original thereof. SUBRECIPIENT: Barbara Kirkmefrer, Chair, Board of Weld County Commissioners Authorized Official DEC 2 3 2019 Date Signed COLORADO SPRINGS POLICE DEPARTMENT: Gtr-- A- 14 4,44. L. Vincent Niski, Chief of Police Date Signed 4 U.S. Department of Justice Office of Justice Programs Office of the Assistant Attorney General Washington, D.C 20531 September 20, 2019 The Honorable John W. Suthers City of Colorado Springs 705 S Nevada Avenue Colorado Springs, CO 80903-4027 Dear Mayor Suthers. On behalf of Attorney General William P. Barr. it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the Internet Crimes Against Children Task Force Program in the amount of $489,236 for City of Colorado Springs. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Stephanie Rapp, Program Manager at (202) 598-0807, and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo'ausdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Katharine T. Sullivan Principal Deputy Assistant Attorney General Enclosures Initial Here tom/ 9- 5/,0 U.S. Department of Justice Office of Justice Programs Office of Civil Rights Washington, DC 20531 September 20, 2019 The Honorable John W. Suthers City of Colorado Springs 705 S. Nevada Avenue Colorado Springs, CO 80903-4027 Dear Mayor Suthers Congratulations on your recent award! The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp,gov/funding/Explore/LegalOverview/CivilRightsRequirements. htm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal -opportunity standards If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know. Sincerely. Michael L. Alston Director cc: Grant Manager Financial Analyst Initial Here U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention Cooperative Agreement I RECIPIENT NAME AND ADDRESS (Including Zip Code) 4 AWARD NUMBER. 2018-MC-FX-K027 City of Colorado Springs 705 S Nevada Avenue Colorado Springs, CO 80903-4027 2a GRANTEE IRS/VENDOR NO 846000573 2b GRANTEE DUNS NO 071773779 3 PROJECT TITLE Colorado !CAC Task Force Program 12 SPECIAL CONDITIONS 5 PROJECT PERIOD FROM BUDGET PERIOD FROM 6 AWARD DATE 09202019 8 SUPPLEMENT NUMBER 01 9 PREVIOUS AWARD AMOUNT 10 AMOUNT OF THIS AWARD II TOTAL. AWARD PAGE 1 OF 17 10'01'2018 TO 09302020 10,01 2018 TO 09302020 7 ACTION THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S), 13. STATUTORY AUTHORITY FOR GRANT Supplemental S 378,482 5 489,236 S 867,718 This project is supported under FY I9(OJJDP - MEC - ICAC Task Force - including prior year) Pub L. 116.6, 133 Stat 13. 115, Pub L No 115-141, 132 Stat 348, 423 14 CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16 543 - Missing Children's Assistance 15 METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16 TYPED NAME AND TITLE OF APPROVING OFFICIAL IS TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Katharine T Sullivan Principal Deputy Assistant Attorney General 17. SIGNATURE OF APPROVING OFFICIAL John W' Suthcrs Mayor 19 SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL I9A DATE /p* AGENCY USE ONLY 20 ACCOUNTING CLASSIFICATION CODES 21. TMCTGT0206 FISCAL FUND BUD DIV YEAR CODE ACT OFC REG SUB POMS AMOUNT X F MC 70 00 00 489236 OSP FORM 4000,2 (REV 5-87) PREVIOUS EDITIONS ARE OBSOLETE OJP FORM 4000.2 (REV 4-88) Initial Here o2a /9-6)° U.S. Department of Justice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET PAGE 2 OF 17 Cooperative Agreement PROJECT NUMBER 2018-MC-FX-K027 AWARD DATE 0920.2019 SPECIAL CONDITIONS 1 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts all such assurances or certifications as if personally executed by the authorized recipient official Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period - - may result in the Office of]ustice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The U S Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 3I U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2019 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2019 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. 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. OJP FORM 40002 (REV 4-88) 12-01 Initial Here X0/9 �/ U S Department of Justice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET PAGE 3 OF 17 Cooperative Agreement PROJECT NUMBER 2018-MC-FX-K027 AWARD DATE 09 202019 SPECIAL CONDITIONS 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https•Jiojp gov!financialguide/DOJ-index htm), including any updated version that may be posted during the period of performance The recipient agrees to comply with the DOJ Grants Financial Guide 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement " The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions. references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2017, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (I) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2017. will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award 6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. OJP FORM 4000.2 (REV 4-88) Initial Here /' of 4 U S. Department ofJustice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET PAGE 4 OF 17 Cooperative Agreement PROJECT NUMBER 2018-MC-FX.K027 AWARD DATE 09.20/2019 SPECIAL CONDITIONS 7 Requirement to report potentially duplicative funding l f the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). OJP FORM 4000 2 (REV 4-88) Initial Here o,01 '9-5/4o U S. Department of Justice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET PAGE 5 OF 17 Cooperative Agreement PROJECT NUMBER 2018-MC-FX-K027 AWARD DATE 09'20'2019 SPECIAL CONDITIONS 9. Employment eligibility verification for hiring under the award I The recipient (and any subrecipient at any tier) must -- A Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C 1324a(a)(I) and (2) B Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both -- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(l) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. I324a(a)( I) and (2) D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E -Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E -Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify (and follows the proper E -Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or OJP FORM 4000.2 (REV 4-88) Initial Here 020/9-5/ U.S. Department of Justice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PROJECT NUMBER 2018-MC-FX-K027 AWARD DATE 09:20,2019 SPECIAL CONDITIONS PAGE 6 OF 17 any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law E. Nothing in this condition, including in paragraph 4 B . shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 L'.S.C. 1324a(a)(l ) and (2). Questions about E -Verify should be directed to DHS. For more information about E -Verify visit the E -Verify website (https1/wwwe-verify.govi) or email E -Verify at E-Verify@'dhs.gov. E -Verify employer agents can email E - Verify at E-VerifyEmployerAgent'u?dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 10. Requirement to report actual or imminent breach of personally identifiable information (P11) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (P11)" (2 CFR 200.79) within the scope of an ON grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of Pll to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 11. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract") The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp,gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 12 Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward) The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https:I/ojp.gov/funding/ExplorelNoncompetitiveProcurement.htm (Award condition. Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here on' FORM 40002 (REV 4-88) Initial Here ,/ 020 9- � / v U.S. Department of Justice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PROJECT NUMBER 2018-tits-FX-Ko27 AWARD DATE 09'2G 2019 PAGE 7 OF 17 SPECIAL CONDITIONS 13 Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award. whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). I No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[ajll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient. at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2 Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government — as an employee, contractor or subcontractor (at any tier). grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. OJP FORM 4000/ (REV 4-881 11P -4-"W Initial Here U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET PAGE 8 OF 17 Cooperative Agreement PROJECT NUMBER 2018-MC-FX-K027 AWARD DATE 09.20!2019 SPECIAL CONDITIONS 14 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier. must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons. whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here IS. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 16. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of"Postaward Requirements" in the "DOJ Grants Financial Guide"). 17. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws 18. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https.//ojp gov/fiinding/Implement/TrainingPrinciplesForGrantees-Subgrantees htm OJP FORM 4000;2 (REV 4-88) Initial Here ao/9-5/v U S Department ofJustice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PROJECT NUMBER 2018-MC-FX-1:027 AWARD DATE 09 20 2019 SPECIAL CONDITIONS 19. Effect of failure to address audit issues PAGE 9 OF 17 The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements. if (as determined by the DO! awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 20. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high - risk" for purposes of the DOJ high -risk grantee list 21. Compliance with DOJ regulations pertaining to civil rights and nondiscnmination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier. must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of28 C.F.R. Part 42 that relate to an equal employment opportunity program. 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F R Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 23. Compliance with DOJ regulations pertaining to civil rights and nondiscnmination - 28 C.F R Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. OJP FORM 4000.2 (REV 4-88) -0/ Initial Here ao/9rii4 U. S Department of J ustice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PROJECT NUMBER 2018-MC-FX-K027 AWARD DATE 09/20:2019 SPECIAL CONDITIONS 24. Restrictions on "lobbying" PAGE 10 OF 17 In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient. or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government See 18 U.S.C. 1913 (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing. extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 25. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2019) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2019, are set out at https://ojp.gov/funding/Explore/FYl9AppropriationsRestrictions.htm, and are incorporated by reference here Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 26. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--( I) online submission accessible via the OIG webpage at hups://oig justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https.//oigjustice.gov/hotline. DJP FORM 4000'2 (REV 4-88) Initial Here 020/ 9-5/f-"" U.S Department of Justice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET PAGE 11 OF 17 Cooperative Agreement PROJECT NUMBER 2018-MC-FX-1027 AWARD DATE 09;202019 SPECIAL CONDITIONS 27 Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award. or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if 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, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORM 4000,2 (REV 4-88) Initial Here 0,20/9- 5)10 U.S Department of Justice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET PAGE I? OF 17 Cooperative Agreement PROJECT NUMBER 2018-MC-FX-K027 AWARD DATE 09.20.'2019 SPECIAL CONDITIONS 28 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C 4712. including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce). of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OW or OVW, as appropriate) for guidance. 29. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed Reg 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 30. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes ofthis disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: I The federal awarding agency that currently designates the recipient high risk, 2 The date the recipient was designated high risk, 3 The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4 The reasons for the high -risk status, as set out by the federal awarding agency 3 1. Prior to the expenditure of confidential funds, the recipient and any subrecipients agree to sign a certification that the recipient (or the subrecipient, as applicable) has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures set forth in the DOJ Grants Financial Guide 32. ICAC Annual Reports The recipient agrees to submit annual reports to OJP that set forth the following: (A) The number of law enforcement agencies participating in Internet crimes against children program standards established by the task force. (B) Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children 33. The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance Measures to the OJJDP- designated site. 34 The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards OJP FORM 4000.2 (REV 4.88) Initial Here J o2t /9 5/ G U.S Department of Justice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET PAGE 13 OF 17 Cooperative Agreement PROJECT NUMBER 2018-MC-FX-K027 AWARD DATE 09.20 2019 SPECIAL CONDITIONS 35 Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day A detailed justification must be submitted to and approved by the OW program office pnor to obligation or expenditure of such funds 36. Copyright; Data rights The recipient acknowledges that OJP reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or othenvise 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 (at any tier); and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership with Federal support. The recipient acknowledges that OJP has the right to (I) obtain, reproduce, publish, or othenvise use the data first produced under any such 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). It is the responsibility of the recipient (and of each subrecipient (at any tier), if applicable) to ensure that the provisions of this condition are included in any subaward (at any tier) 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 question without further authorization from the OJP program office 37. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000. or (2) an award 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). 38. The Project Director and key program personnel designated in the application shall be replaced only for compelling reasons. Successors to key personnel must be approved, and such approval is contingent upon submission of appropriate information, including, but not limited to, a resume. OJP will not unreasonably withhold approval Changes in other program personnel require only notification to OW and submission of resumes, unless otherwise designated in the award document OJP FORM 4000;2 (REV 4-88) Initial Here U S. Department of Justice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PROJECT NUMBER ?018-MC-FX-1:027 AWARD DATE 0920.2019 PAGE 14 OF 17 SPECLAL CONDITIONS 39 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 federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System 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 discretion of the OJP official indicated in the program announcement under which this award is made 40. The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during the entire period of support under this award. This report will include detailed information about the project(s) funded, including, but not limited to, information about how the funds were actually used for each purpose area, data to support statements of progress, and data concerning individual results and outcomes of funded projects reflecting project successes and impacts. The final report is due no later than 90 days following the close of this award period or the expiration of any extension periods. This report will be submitted to the Office of Justice Programs. on-line through the Internet at https://grants.ojp.usdoj.gov/. 41. The recipient agrees that it will submit quarterly financial status reports to OJP on-line (at https //grants ojp.usdoj.gov) using the SF 425 Federal Financial Report form (available for viewing at https-//www.gsa goy/forms-library/federal- financial-report), not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the award period. 42. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end of the reporting periods, which are June 30 and December 31, for the life of the award. These reports will be submitted to the Office ofJustice Programs, on-line through the Internet at https://grants.ojp.usdoj,gov/ 43. The Office of Juvenile Justice and Delinquency Prevention has elected to enter into a Cooperative Agreement rather than a grant with the recipient. This decision reflects the mutual interest of the recipient and OJJDP in the operation of the project as well as the anticipated level of Federal involvement in this project. OJJDP's participatory role in the project is as follows: a. Review and approve major work plans, including changes to such plans, and key decisions pertaining to project operations. b. Review and approve major project generated documents and materials used in the provision of project services Provide guidance in significant project planning meetings, and participate in project sponsored training events or conferences. OJP FORM 4000.2 (REV 4-88) Initial Here 0.2D P9-6/ id U S Department of Justice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET PAGE 15 OF 17 Cooperative Agreement PROJECT NUMBER 2018-MC-FX-K027 AWARD DATE 0920x2019 SPECIAL CONDITIONS 44 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 I) name of event: 2) event dates, 3) location of event, 4) number of federal attendees; 5) number of non-federal attendees; 6) costs of event space, including rooms for break-out sessions, 7) costs of audio visual services; 8) other equipment costs (e.g., computer fees, telephone fees), 9) costs of printing and distribution; 10) costs of meals provided during the event; I I) costs of refreshments provided during the event; 12) costs of event planner; 13) costs of event facilitators; and 14) any other costs associated with the event 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. 1) meals and incidental expenses (M&IE portion of per diem): 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 OJP Financial Guide Conference Cost Chapter. OJP FORM 4000,'2 (REV 4-88) A/ Initial Here U S Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET PAGE 16 OF 17 Cooperative Agreement PROJECT NUMBER 2018-MC-FX-K027 AWARD DATE 09.20,2019 SPECIAL CONDITIONS 45 Any Web site that is funded in whole or in part under this award must include the following statement on the home 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 [insert "in part," if applicable] through a grant from the [insert name of OJP component], Office of Justice Programs, U.S Department of Justice. Neither the U.S. Department of 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 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. 46. Grant funds may be used only for the purposes in the recipient's approved application The recipient shall not undertake any work or activities that are not described in the grant application, and that use staff, equipment, or other goods or services paid for with OJP grant funds, without prior written approval from OJP. 47. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant; cooperative agreement, or procurement contract from the federal government Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS") The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. 48. The recipient shall submit to OJJDP a copy of all interim and final reports and proposed publications (including those prepared for conferences, journals, and other presentations) resulting from this award, for review and comment prior to publishing. Any publication produced with grant funds must contain the following statement' "This project was supported by Grant # ( ) awarded by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect those of the Department of Justice. All reports and products may be required to display the OJJDP logo on the cover (or other location) with the agreement of OJJDP OJJDP defines publications as any planned, written, visual or sound materials substantively based on the project, formally prepared by the award recipient for dissemination to the public. 49. 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. OJP FORM 4000;2 (REV 4-88) Initial Here 02D �9,�'i o U.S. Department ofJustice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PROJECT NUMBER 2018-MC-FX-K027 AWARD DATE 0920;2019 SPECIAL CONDITIONS 50. Cooperating with OJP Monitoring PAGE 17 OF 17 The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further. the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). OJP FORM 40002 (REV 4-88) U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention @'ashrngto r D C' ?0531 Memorandum To: Official Grant File From: Lou Ann Holland, OJJDP NEPA Coordinator Subject: Categorical Exclusion for City of Colorado Springs This award is made as part of the Internet Crimes Against Children Task Force Program. Awards under this program will be used to support State and local law enforcement agencies to maintain and expand State and regional task forces to address technology -facilitated child exploitation. None of the following activities will be conducted either under this award or a related third party action: 1) New construction; 2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, 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; 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 environment; or 5) Implementation of a program involving the use of chemicals, other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. 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 OJP's criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. Initial Here 020/9-5i6 U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Cooperative Agreement PROJECT NUMBER 7018-MC-FX-K027 This project is supported under FY I9(OJJDP - MEC - ICAC Task Force - including pnor year) Pub L 116-6, 133 Stat 13, 115, Pub L No 115-141, 132 Stat 348, 423 PAGE I OF 1 I STAFF CONTACT (Name & telephone number) Stephanie Rapp (202)598-0807 3a TITLE OF THE PROGRAM OJJDP FY 19 Internet Cnmes Against Children Task Force Invited Applicants 4 TITLE OF PROJECT Colorado ICAC Task Force Program 2 PROJECT DIRECTOR (Name, address & telephone number) Patricia Lykes Program Coordinator 705 South Nevada Avenue Colorado Springs, CO 80903-4027 (719) 444-7808 3b POMS CODE (SEE INSTRUCTIONS ON REVERSE) 5 NAME & ADDRESS OF GRANTEE 6 NAME & ADRESS OF SUBGRANTEE City of Colorado Springs 705 S Nevada Avenue Colorado Springs, CO 80903-4027 7. PROGRAM PERIOD 8 BUDGET PERIOD FROM 10'01 2018 TO. 09 3O 2020 FROM 1O'01 2018 TO 09 302020 9 AMOUNT OF AWARD 10 DATE OF AWARD S 489,236 09 202019 II SECOND YEAR'S BUDGET 13 THIRD YEAR'S BUDGET PERIOD 12 SECOND YEAR'S BUDGET AMOUNT 14 THIRD YEAR'S BUDGET AMOUNT IS. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The National Internet Crimes Against Children (ICAC) Task Force Program, consists of state and local law enforcement task forces dedicated to developing effective responses to online enticement of children by sexual predators, child exploitation, and child obscenity and pornography cases. Each State and local task force that is part of the national program shall 1) consist of State and local investigators, prosecutors, forensic specialists, and education specialists who are dedicated to addressing the goals of the task force, 2) engage in proactive investigations, forensic examinations, and effective prosecutions of Internet crimes against children, 3) provide forensic, preventive, and investigative assistance to parents, educators, prosecutors, law enforcement, and others concerned with Internet crimes against children; 4) develop multijurisdictional, multiagency partnerships and responses to Internet crimes against children offenses through ongoing informational, administrative, and technological support to other State and local law enforcement agencies, as a means for such agencies to acquire the necessary knowledge, personnel, and specialized equipment to investigate and prosecute such offenses; 5) participate in nationally coordinated investigations in any case in which the Attorney General determines such participation to be necessary, as permitted by the available resources of such task force, 6) establish or adopt investigative and O113 FORM 4000!2 (REV 4-88) Initial Here prosecution standards consistent with established norms, to which such task force shall comply, 7) Investigate, and seek prosecution on tips related to Internet crimes against children, including tips from Operation Fairplay, the National Internet Cnmes Against Children Data System, the National Center for Missing and Exploited Children's CyberTipline, ICAC task forces, and other Federal, State, and local agencies, with pnonty being given to investigate leads that indicate the possibility of identifying or rescuing child victims, including investigative leads that indicate a likelihood of seriousness of offense or dangerousness to the community, 8) develop procedures for handling seized evidence for ICAC task force lead agencies and affiliate agencies, 9) maintain reports required by OJJDP and other reports and records as determined by the Attorney General, and, 10) seek to comply with national standards regarding the investigation and prosecution of Internet crimes against children, as set forth by the Attorney General, to the extent such standards are consistent with the law of the State where the task force is located. The Colorado Internet Crimes Against Children Task Force is committed to protecting children by investigating and prosecuting cnmes that are facilitated by the Internet, technology and computer usage. The Task Force consists of 93 law enforcement and prosecutorial affiliate agencies serving multiple junsdictions throughout Colorado The pnmary goal of the Task Force is to improve its effectiveness in addressing technology -facilitated child exploitation and Internet crimes against children To accomplish goals, the Task Force will implement the following strategies I) ensure affiliate agencies receive the tools and training necessary to investigate current technologies and trends. 2) provide Colorado agencies with technical assistance when necessary. 3) participate in joint operations with affiliate agencies, and 4) increase the number of informational Internet safety presentations CA 'CF V� Initial Here Hello