FY21 SHERIFF GCC SCHOOL SAFETYGrant Document Routing
Start date: 2/11/21
From: Teresa Hewett, Finance Department (7408)
Si natures required:
;.isa Wurtzbacher, Chief Financial Officer — 2 signatures
Chris Coudriet, County Manager — 2 signatures
V --Julia Olson-Boseman, Chair — 1 signature
Z
V Notary for Chair — 1 - signature
Return to Teresa Hewett, Finance Department
Type(s) of document(s) attached:
1 original — Sheriff's Office School Safety Grant — Governor's Crime
Commission
Explanation of document(s):
This grant was accepted by the Board with the adoption of BA 21-012. Chris, this is the award
that you signed electronically in Docusign on 2/10/21. The additional certification pages were
not part of the electronic document therefore they must be paper signed. Please let me or know
if you have any questions. Thank you
--------------------------------- for finance department use ----
DATE ADDED TO LASERFICHE
PICKED UP BY:
Print Name & Date
Signature
DocuSlgn Envelope ID: 19D05FAE-DEDF-424A-AD67-C5BA7EFEE52F
0 STqTE iHfE OF NORTH CAROLINA
oOt�,��,,� DEPARTMENT OF PUBLIC SAFETY
GOVERNOR'S CRIME COMMISSION
A 1201 Front Street, Suite 200
t Raleigh, NC 27609
Telephone:(919) 733-4564 Fax:(919) 733-4625
+ http://www.negoed.org
*i
Applicant: County of New Hanover
Authorizing Official
Address:
Vendor Number:
Chris Coudriet
County Manager
230 Government Center Drive Suite 165
Wilmington, North Carolina 28403-1732
566000324
Grant Period: 10/01/2020 - 09/30/2021
GRANT AWARD
Project Name:
Implementing Agency:
Project Director:
Project Number:
Account Manager:
2019 - New Hanover County Sheriffs Office -
School Safety
New Hanover County Sheriffs Office
April Collins
Fiscal Support Tech
PROJO13825
Clarissa Moore
Budgets
Period Personnel Contractual Travel Supplies Equipment Indirect Costs Total
Year 1 $0.00 $0.00 $0.00 $34,991.00 $0.00 $0.00 $34,991.00
Grant Budget Total $34,999.00
Source Federal Grant # CFDA # % Funding Federal Award
2019::Byme Justice Assistance Grants 2019 -DJ -BX -0067 16.738 100% $34,991.00
In accordance with the laws and regulations of the United States and the State Of North Carolina, and on the basis of the grantee's application,
the Department of Public Safety hereby awards to the foregoing grantee an award in the amount above.
This grant is subject to the conditions listed in the approved grant application as well as all applicable rules, regulations and conditions, as may
be described by the Department of Public Safety. Special conditions are attached to this award.
This grant shall become effective, as of the start date of the grant period listed, once this original grant award has been properly executed on
behalf of the grantee and returned to the Governor's Crime Commission, attention of the Grants Management Director. The grant award must be
returned within 30 days of the date the award is mailed from the Governor's Crime Commission. No alterations of any kind may be made on this
grant award.
Authorizing Official Governor's Crime Commission
2/10/2021 j 12:33:45tps LL r 2/10/2021 1 14:31:,
Signature of Authorizing Official Date Signature of Director Date
Chris Coudriet, County Manager Caroline C. Valand, Executive Director
Name and Title of Authorizing Official Name and Title of Director
Project Director
Qfht (AWS 2/10/2021 1 15:25:46 EST
Signature of Project Director Date
April Collins, Fiscal Support Tech
Name and Title of Project Director
13 This award is subject to the attached conditions, which must be signed by both the authorizing official and the project director, and returned along with this Grant Award.
No alterations of any kind may be made on this grant award.
DocuSign Envelope ID: 19D05FAE-DEDF-424A-ADB7-C5BA7EFEE52F
Federal Award Identification Worksheet
Federal award identification : 2019 -DJ -BX -0067
Project 1D : PROJO13825
Subrecipient : County of New Hanover
Federal Award Identification # (FAIN) : 2019 -DJ -BX -0067
DUNS #: 040029563
Federal award date:
Oct 01, 2018 - Sep 30, 2022
Subaward period of performance start and end date :
Oct 01, 2020 - Sep 30, 2021
Federal funds obligated in this agreement:
$34,991.00
Federal funds obligated to the subrecipient :
$34,991.00
Total federal award:
$4,858,472.00
Catalog of federal domestic assistance (CFDA) :
16.738
Indirect cost rate for the federal award: We do not receive an indirect cost rate
Indirect cost rate to be used by the Direct/Allocated Costs Only
subrecipient (either a federally -approved rate,
a rate negotiated between the pass-through
entity and the subreciplent, or the de minimis
indirect cost rate)
Identification of whether the award is research We do not fund research and development
and development (R&D) :
Pass through entity and awarding official: NC Governor's Crime Commission
Caroline C. Valand
caroline.valand@ncdps.gov
Federal awarding agency: United States Department of Justice - Office of Justice
Programs - Bureau of Justice Assistance
Federal award description : The Edward Byrne Memorial Justice Assistance Grant Program
(JAG) allows states and units of local government to support a
broad range of activities to prevent and control crime based on
their own state and local needs and conditions. Grant funds can
be used for a large variety of law enforcement programs.
DocuSign Envelope ID: 19DO5FAE-DEDF-424A-ADB7-C5BA7EFEE52F
� sun DEPARTMENT OF PUBLIC SAFETY AWARD CONTINUATION SKEET
/a .�~+ q 3 GOVERNOR'S CRIME COMMISSION
I 1201 FRONT STREET
r Ixj. RALEIGH, NORTH CAROLINA 27609 GRANT - 1 -
CRIMINAL JUSTICE SYSTEM IMPROVEMENT COMMITTEE
GRANT AWARD
SPECIAL CONDITIONS
BYRNE JUSTICE ASSISTANCE GRANT FUNDING
SUBRECIPIENT: County of New Hanover
DUNS NUMBER: 040029563
PROJECT NAME: 2019 - New Hanover County Sheriff's Office - School Safety
PROJECT NUMBER: PROJO13825
1. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in
2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in
2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this
2016 award from the Office of Justice Programs (OJP).
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014
If this 2016 award supplements funds previously awarded by OJP under the same award
number (e.g., funds awarded in 2014 or earlier years), the Part 200 Uniform
Requirements to 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 2016
award.
For more -information and resources on the Part 200 Uniform Requirements as they
relate to OJP awards and subawards ("subgrants"), see the Office of Justice Programs
(OJP) website at http://Ojp.gov/funding/Part200UniformRequirement..htm.
In the event that an award -related question arises from documents or other materials
prepared or distributed by OJP that may appear to conflict with, or differ in some
way from, the provisions of the Part 200 Uniform Requirements, the recipient is to
contact OJP promptly for clarification.
2. Compliance with DOJ Grants Financial Guide
The recipient agrees to comply with the Department of Justice Grants Financia)
Guide as posted on the OJP website (currently, the 112015 DOJ Grants Financial
Guide"), including any updated version that may be posted during the period of
performance.
3. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the
recipient receives any other award of federal funds during the period of
performance for this award, the recipient promptly must determine whether funds from
any of those other federal awards have been, are being, or are to be used (in whole
or in part) for one or more of the identical cost items for which funds are provided
under this award. I f 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 DOJ awarding agency, must seek a budget -modification or charge -of -
project -scope grant adjustment notice (GAN) to eliminate any inappropriate
duplication of funding,
4. Requirements related to System for Award Management and Unique Entity Identifiers
The recipient must comply with applicable requirements regarding the System for Award
Management (SAM), currently accessible at http://w'ew.sair.aov. 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
Authorizing Official: so� Project Director: IPA (AWS
Chris Coudriet April Collins
DocuSign Envelope ID: 19D05FAE-DEDF-024A-AD87-C5BA7EFEE52F
DEPARTMENT OF PUBLIC SAFETY AWARD CONTINUATION SHEET
GOVRRNOR•S CRIME COMMSSION
1201 FRONT STREET
RALRIOR, NORTH CAROLINA 27509 GRANT - 2 -
identifiers. are posted on the OJP web site at
bttp://ojp.gov/fundi-ng/Explo-O/SAYi.htrn (Award condition: System for Award
Management (SAM) and Universal Identifier Requirements), and are incorporated by
reference here.
This special condition does not apply to an award to an individual who received
the award as a natural person (i.e., unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
5, 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 requiremen- for authorization of any subaward are posted on the OJP
web site at http://ojp.gov/funding/Explore/SubawardAut horization.htm (Award condition:
Award Condition: All subawards
("subgrants") must have specific federal autnori=ation),and are incorporated by reference
here
6. Specific post -award approval required to use a noncompetitive approach
in any procurement contract that would exceed $150,000
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, $ 150,000)
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
http://Ojp.gov/funding/Explore/Non compel itiveProcurement.htm (Award condition:
Specific post -award approval required to use a noncompetitive approach in a
procurement contract (if contract would exceed $150,000) and are incorporated by
reference here.
i. 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
http://ojp.gov/funding/Explore/Probib4-tedConduct-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.
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
Authorizing Official: Project Director: 0.� I.OtUVLS
Chris Coudriet April Collins
DocuSign Envelope ID: 19D05FAE-DEDF-424A-ADB7-C5BA7EFEE52F
DEPARTMENT OF PUBLIC SAFETY AWARD CONTINUATION SHEET
+ X GOVERNOR'S CRIME COMMISSION
7 f 1201 FRONT STREET
^.b RALEIGH, NORTH CAROLINA 27609 GRANT - 3 -
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. 1 0 of "Post -award Requirements" in the "20 15
DOJ Grants Financial Guide").
9. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance
and effectiveness of activities under 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, and other applicable
laws.
10.OJP Training Guiding Principles
Any training or training materials that the recipient I 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
http:,'/ojp.gov!funding/ojptrainingguidingprinciples.htm.
11.Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (Governor's Crime
Commission (GCC) ) may withhold award funds, or may impose other related
requirements, if (as determined by the Governor's Crime Commission (GCC)) 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.
12. The recipient agrees to comply with any additional requirements that may be imposed
by.the Governor's Crime Commission 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.
13. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 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
of 28 C.F.R. Part 42 that relate to an. equal employment opportunity program.
14. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28
C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable.requirements of 28
C.F.R. Part 38, specifically including any applicable requirements regarding written
notice to program beneficiaries and prospective program beneficiaries. Part 38 of
28 C.F.R., a DOJ regulation, was amended effective May 4, 2016.
Among other things, 28 C.F.R. Part 38 includesrules 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 also sets out rules and requirements that pertain ro 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 the regulation , now entitled "Partnerships with Faith -Based and Other
Authorizing Official: Q90�7: Project Director:_
Chris Coudriet April Collins
DocuSign Envelope ID: 19DObFAE-DEDF-424A,ADB7-C5BA7EFEE52F
1�TTM:� DEPARTIINT OF PUBLIC SAFETY AWARD CONTINUATION MET
GovBRNOR's CRIME CONKISSION
1 1201 FRONT STREET
`"r f RALEIGH, NORTH CAROLINA 27609GRANT - 4 -
Neighborhood Organizations," is available via the Electronic Code of Federal
Regulations (currently accessible at http://www.ecfr.gov/cgi-bin/ECFR?page-browse),
by browsing to Title 28 -Judicial Administration , Chapter I, Part 38, under a -CFR
"current" data.
15. Restrictions on "lobbying"
Federal funds 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.
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 this prohibition, the recipient is to
contact OJP for guidance, and may not proceed without the express prior -written approval of
OJP.
16. Compliance with general appropriations -law restrictions on the use of federal funds
(FY2019)
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, 2018, are set out at
http:/Yojp.gov/funding/Explore/FY2018-appropriationsLawRestrictions.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 the Governor's Crime
Commission (GCC), and may not proceed without the express prior written approval the
Governor's Crime Commission (GCC).
17. Reporting Potential Fraud, Waste, and P.buse, and Similar Misconduct
The recipient and any suhrecipients ("subgrantees") must promptly refer to the DOJ
Office of the Inspector General (OIG) and the Governor's Crime Commission (GCC)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.
Potent` -al fraud, waste, abuse, or misconduct involving or relating to funds under
this award should be reported to the OIG and the Governor's Crime Commission (GCC).
by-- (1) mail directed to: Office of the Inspector General, U.S. Department of
Justice, Investigations Division,
950 Pennsylvania Avenue, N. W. Room 4706, 'Rashington, DC 20530; Governor's Cri:^e
Commission, 1201 Front Street, Raleigh, 17.C. 27609. (2) e-mail to: oig.hot line@usdoj.gov;
and/or (3) the DOJ OIG hotline: (contact information ir. Enalish and Spanish) at
(800) 869-4499 (phone) or (202) 616-9881(fax).
Additional information available from the DOJ OIG website http://www.usdcj.gov/oig.
18. 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
Authorizing official: Project Director: 101 (AVIS
Chris Coudriet April Colline
DocuSign Envelope ID: 1BD05FAE-DEDF-424A ADB7-C5BA7EFEE52F
DEPARTMENT OF PUBLIC SAFETY AWARD CONTINUATION SHEET
GOVERNOR'S CRIME COMMISSION
1201 FRONT STREET
RALEIGH, NORTH CAROLINA 27609 GRANT
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 proh_bit
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.
19. Compliance with 41 U-S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient must comply with, and is subject to, all applicable provisions of
41 U.S.C. 4712, including all applicable provisions that prohibit, under
specified circumstances, discrimination against an employee as reprisal for the
employee's disclosure of information related to gross mismanagement of a federal
grant, a gross waste of federal funds, an abuse of authority relating to a
federal grant, a substantial and specific danger to public health or safety, or
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 of 41 U.S.C.
4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or
OVW, as appropriate) for guidance.
20. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Authorizing official:_ I Project Director: b}.P�l�� (Aals
Chris Coudriet April Collins
DocuSign Envelope ID: l9D05FAE-DEDF-424A-ADB7-C5BA7EFEE52F
- ^_?• DEPARTMENT OF PUBLIC SAFETY
jx;}� f 4-41GOVERNOR'S CRIME COMMISSION A9PARD CONTINUATION S888T
1201 FRONT STREET
NRALEIGH, NORTH CAROLINA 27609 GRANT - 6 -
\°�
Messaging While Driving, 74 Fed. Reg. 51225 (October I, 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.
21. The recipient agrees to comply with the Governor's Crime Commission's monitoring
guidelines, protocols, and procedures, and to cooperate with OJP and OCFO on all
grant monitoring requests, including requests related to desk reviews, enhanced
programmatic desk reviews, and/or site visits. The recipient agrees to provide
to the Governor's Crime Commission (GCC) all documentation necessary to
complete monitoring tasks, including documentation related to any subawards made
under this award. Further, the recipient agrees to abide by reasonable
deadlines set by the Governor's Crime Commission (GCC) for providing the
requested documents.
Failure to cooperate with the Governor's Crime Commission's (GCC) 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).
22. Program income (as defined in the Part 200 Uniform Requirements) must be used in
accordance with the provisions of the Part 200 Uniform Requirements. Program
income earnings and expenditures both must be reported on the quarterly Federal
Financial Report, SF 425.
23. The recipient understands and agrees that it has a responsibility to monitor its
subrecipients' compliance with applicable federal civil rights laws. The recipient
agrees to submit written Methods of Administration (MOA) for ensuring subrecipients'
comp2ance to the OJP's Office for Civil Rights at CivilRightsMOA@usdoj.gov within
90 days of receiving the grant award, and to make supporting documentation avajlable
for review upon, request by OJP or any other authorized persons. The required
elements of the MOA are se_ forth at
littp://www.ojp .usdoj.gov/funding/other requirements.htm, under the heading, "Civil
R=ghts Compliance Specific to State Administering Agencies." .
24. In order to promote information sharing and enable interoperability among disparate
systems across the justice and public safety community, OJP requires the grantee to
comply with DOT's Global Justice Information Sharing Initiative (DDJ's Global)
guidelines and recormendations for this particular grant. Grantee shall conform to
the Global Standards Package (GSP) and all constituent elements, where applicable,
as described at:
http://wwr. it.ojp.gov/gsp_grantcondition. Grantee shall document planned
approaches to Information sharing and describe compliance to the GSP and
appropriate privacy policy that protects shared informaticn,or provide detailed
justification for why an alternative approach is recommended.
25. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA
for law enforcement information. sharing systems which involve interstate
connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate
connectivity, unless the grantee can demonstrate to the satisfaction of BJA that
this requirement would not be cost effective or would impair the functionality of an
existing or proposed IT system.
26. The recipient agrees char any information technology system funded or supported by
OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems
Uperatir.g Policies, if OJP de,el.:ines this regulation to be applicable. Should OJP
determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform
audits of the system, as per the regulation:. Should any violation of 28 C.F.R.
Part 23 occur, the recipient may be fined as per 42 U.S.C.3789g(c)-(d). Recipient
may not satisfy such a fine with federal funds.
27. Grantee agrees to comply with the requirements of 28 C_F.R. Part 46 and all Office of
Justice Programs policies and procedures regarding the protection of human research
subjects, including obtainment of Institutional Review Board approval, if
appropriate, and subject informed
Authorizing Official: Project Director: ldryiL (,&WS
Chris Coudriet I April Collins
DocuSlgn Envelope ID: 19D05FAE-DEDF-424A-ADB7-C5BA7EFEE52F
DEPARTMENT OF PUBLIC SAFETY
AVPARD CONTINUATION SHEET
GOVERNOR'S CRIME COMMISSION
t� 1a 1201 FRONT STREET
RALEIGH, NORTH CAROLINA 27609 GRANT - % -
28. Grantee agrees to comply with all confidentiality requirements of 34 U.S.C.
section 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and
revelation of data or information. Grantee further agrees, as a condition of grant
approval, to submit a Privacy Certificate that is in accord with requirements of
28 C.F.R. Part 22 and, in particular 28 C.F.R. 22.23.
29 The grantee agrees that within 120 days of award acceptance, each current member of
a law enforcement task force funded with these funds who is a task force commander,
agency executive, task force officer, or other task force member of equivalent rank,
will complete required online (internet-based) task force training. Additionally,
all future task force members are required to complete this training once during the
life of this award, or once every four years if multiple awards include this
requirement. The training is provided free of charge online through BJA's Center for
Task Force Integrity and Leadership (www.ctfli.org). This training addresses task
force effectiveness as well as other key issues including privacy and civil
liberties/rights, task force performance measurement, personnel selection, and task
force oversight and accountability. When BJA funding supports a task force, a task
force personnel roster should be compiled and maintained, along with course
completion certificates, by the grant recipient. Additional information is available
regarding this required training and access methods via BJA's web site and the
Center for Task Force Integrity and Leadership (www.ctfli.org).
30. The recipient agrees to participate in BJA-sponsored training events, technical
assistance events, or conferences held by BJA or its designees, upon BJA's
request.
31. Approval of this award does not indicate approval of any consultant rate in
excess of $650 per day. A detailed justification must be submitted to and
approved by the Office of Justice Programs (OJP) program office prior to
obligation or expenditure of such funds.
32. The grantee agrees to assist BJA in complying with the National Environmental
Policy Act (NEPA), the National Historic Preservation Act, and other related
federal environmental impact analyses requirements in the use of these grant funds,
either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees
to first determine if any of the following activities will be funded by the grant,
prior to obligating funds for any of these purposes. If it is determined that any
of the following activities will be funded by the grant, the grantee agrees to contact BJA.
The grantee understands that this special condition applies to its following new
activities whether or not they are being specifically funded with these grant
funds. That is, as long as the activity is being conducted by the grantee, a
subgrantee, or any third party and the activity needs to be undertaken in order
to use these grant funds, this special condition must first be met.
The activities covered by this special condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or
historically sensitive area, including properties located within a 1 00 -year
flood plain , a wetland, or habitat for endangered species, or a property listed
on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that
will either (a) result in a change in its basic prior use or (b)
significantly change its size;
d. Implementation of a new program involving the use of chemicals other than
chemicals that are (a) purchased as an incidental component of a funded
activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine
laboratory operations, including the identification, seizure, or
closure of clandestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEPA may require the
preparation of an Environmental Assessment and/or an Environmental Impact
Statement, as directed by BJA. The grantee further understands and agrees to
the requirements for implementation of a Mitigation Plan, as detailed at
http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to
methamphetamine laboratory operations.
Application of This Special Condition to Grantee's Existing Programs or
Activities: For any of the grantee`s or its subgrantees' existing programs or
Authorizing Official: Project Director: hVit (AWS
Chris Coudriet April Collins
DocuSign Envelope ID: 19DO5FAE-DEDF-424A-ADB7-C5BA7EFEE52F
e« id DEPARTMENT OF PUBLIC SAFETY
AWARD CONTINUATION SHEET
NNN GOVERNOR'S CRIME COMMISSION
5 1201 FRONT STREET
RALEIGH, NORTH CAROLINA 27609 (TRAjJ'I'
activities that will be funded by these grant funds, the grantee, upon specific
request from BJA, agrees to cooperate. with BJA in any preparation by BJA of a
national or program environmental assessment of that funded program or
activity.
33. JAG funds may be used to purchase vests for an agency, but they may not be used as
the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program.
34. Ballistic -resistant and stab -resistant body armor purchased with JAG funds may be
purchased at any threat level, make or model, from any distributor or manufacturer,
as long as the vests have been tested and found to comply with applicable National
Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant
Body Armor Model List (http://nij.gov). In addition, ballistic -resistant and stab -
resistant body armor purchased must be American-made. The latest NIJ standard
information can be found here: http://www.nij.gov/topi.cs/technologyfbody-
armor/safety-initiative.htm.
35. The recipient agrees to submit a signed certification that all law enforcement
agencies receiving vests purchased with JAG funds have a written "mandatory wear"
policy in effect. Fiscal agents and state agencies must keep signed certifications
on file for any subrecipients planning to utilize JAG funds for ballistic -resistant
and stab -resistant body armor purchases. This policy must be in place for at least
all uniformed officers before any JAG funding can be used by the agency for body
armor. There are no requirements regarding the nature of the policy other than it be
a mandatory wear policy fox all uniformed officers while on duty.
36. Recipient understands and agrees that award funds may not be used for items that
are listed on the Prohibited Expenditure List at the time of purchase or
acquisition, including as the list may be amended from time to time.
The Prohibited Expenditure list may be accessed here:
https://www.bja.gov/funding/ JAGControlledPurchaseList.pdf.
37 Recipient understands and agrees that award funds may not be used ! items that are
listed on the Controlled Expenditure List at the time of purchase ox acquisition,
including as the list may be amended from time to time, without explicit written
prior approval from BJA. The Controlled Expenditure List, and instructions on how
request approval fox purchase or acquisitions may be accessed here:
https://www.bja.gov/funding/JAGControlledPurchaseList.pdf.
38. The recipient understands that, pursuant to recommendation 2.1 of
Executive Order 13688, law enforcement agencies that acquire controlled
equipment through Federal programs must adopt robust and specific written
policies and protocols governing General Policing Standards and Specific
Controlled Equipment Standards. General Policing Standards includes
policies on (a) Community Policing; (b) Constitutional Policing; and (c)
Community Input and Impact Considerations. Specific Controlled Equipment
Standards includes policies specifically related to .(a) Appropriate Use of
Controlled Equipment; (b) Supervision of Ilse; (c) Effectiveness Evaluation;
(d) Auditing and Accountability; and (e) Transparency and Notice
Considerations. Upon OJP's request, the recipient agrees to provide a copy
of the General Policing Standards and Specific Controlled Equipment
Standards, and any related policies and protocols.
39. Recipient understands and agrees that the purchase or acquisition of any
item on the Controlled Expenditure List at the time of purchase or
acquisition, including as the list may be amended from time to time, with
award funds by an agency will trigger a requirement that the agency
collect and retain (for at least 3 years) certain information about the
use of 1) any federally -acquired Controlled Equipment in the agency's
inventory, and 2) any other controlled equipment in the same category as
the federally -acquired controlled equipment in the agency's inventory,
regardless of source; and make that information available to BJA upon
request. Details about what information must be collected and retained may
be accessed here:
https://www.wh4tchouse.gov/sites/default/files/docs/le_equipment_wg_final rep
ort_linal.pdf.
Authorizing Official:_` Project Director: �Plll. �,OlAa1A.5
Chris Coudriet - - April Collins
DocuSign Envelope ID: 19DO5FAE-DEDF-424A-AD87-C5BA7EFEE52F
DSPARTinWT OF PUBLIC SAFETY AWARD CONTINUATION SHEET
faT�l. 1 ti4 GOVERNOR'S CRIiilE COMKZSSION
y } 1201 FRONT STREET
i RALEIGH, NORTH CAROLINA 27609 GR= - 9 -
40. Recipient understands and agrees that failure to comply with conditions
related to Prohibited or Controlled Expenditures may result in a
prohibition from further Controlled Expenditure approval under this or
other federal awards.
41. Recipient understands and agrees that, notwithstanding 2 CFR § 200.3 13,
no equipment listed on the Controlled Expenditure List that is purchased
under this award may be transferred or sold to a third party, except as
described below:
Agencies may transfer or sell any controlled equipment, except riot
helmets and riot shields, to a Law Enforcement Agency (LEA) after
obtaining prior written approval from BJA. As a condition of that
approval, the acquiring LEA will be required to submit information and
certifications to BJA as if it was requesting approval to use award
fund for the initial purchase of items on the Controlled Expenditure
List.
Agencies may not transfer or sell any riot helmets or riot shields
purchased under this award.
Agencies may not transfer or sell any Controlled Equipment purchased
under this award to non -LEAs, with the exception of fixed wing
aircraft, rotary wing aircraft, and command and control vehicles.
Before any such transfer or sale is finalized, the agency must obtain
prior written approval from BJA. All law enforcement -related and other
sensitive or potentially dangerous components, and all law enforcement
insignias and identifying markings must be removed prior to transfer
or sale.
Recipient further understands and agrees to notify BJA prior to the disposal
of any items on the Controlled Expenditure List purchased under this award,
and to abide by any applicable laws and regulations in such disposal.
42. BJA strongly encourages the recipient to submit annual (or more frequent)
JAG success stories. To submit a success story, sign in to your My BJA
account at https://www.bja.gov/Login.aspx to access the Success Story
Submission form. If you do not yet have a My BJA account, please register
at https://www.bja.gov/profile.aspx. Once you register, one of the
available areas on your My BJA page will be "My Success Stories". Within
this box, you will see an option to add a Success Story. Once reviewed and
approved by BJA, all success stories will appear on the new BJA Success
Story web page at https://www.bja.gov/SuccessStoryList.aspx.
43. Any law enforcement agency receiving direct or sub -awarded JAG funding
must submit quarterly accountability metrics data related to training that
officers have received on the use of force, racial and ethnic bias, de-
escalation of conflict, and constructive engagement with the public.
44. The recipient agrees that funds received under this award will not be used to
supplant State or local funds, but will be used to increase the amounts of
such funds that would, in the absence of Federal funds, be made a«ailable for
law enforcement activities.
45. 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 she
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
Authorizing Official: 11: Project Director: Qrinl ( ,WS
Chris Coudriet April Collins
DocuSign Envelope ID: 19DO5FAE-DEDF-424A-ADB7-C5BA7EFEE52F
DEPARTMENT OF PUBLIC SAFETY
AWARD CONTINNATION SHEET
GOVERNOR'S CRINE COIMISSION
S 1201 FRONT STREET
RALEIGH, NORTH CAROLINA 27609 GRANT - 10 -
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
http://Ojp,gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and
Performance Matters, including Recipient Reporting to FAPIIS), and are
incorporated by reference here.
46. Recipient acknowledges the final agency decision made by the U.S. Department of Justice
that recipient's jurisdiction did not substantially implement the Sex Offender
Registration and Notification Act (P.L. 109-248) before the deadline, which
determination impacts the funding amount of this award, pursuant to 42 U.S.C. § 16925.
In accepting this specific formula award, recipient hereby voluntarily agrees that if
it elects to file a judicial appeal of that final agency decision, which was integral
in determining this particular funding amount, no such appeal may commence more than 6
months after the date of this award.
47. Ongoing compliance with 8 U.S.C. 1373 is required 1. With respect to the "program or
activity" funded in whole or part under this award (including any such "program or activity"
of any subrecipient at any tier), throughout the period of performance for the award, no
State or local government entity, -agency, or -official may prohibit or in any way restrict --
(1) any government entity or -official from sending or receiving information regarding
citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government
entity or -agency from sending, requesting or receiving, maintaining, or exchanging
information regarding immigration status as described in 8 U.S.C. 1373(b). For purposes of
this award, any prohibition (or restriction) that violates this condition is an "information
communication restriction." 2. Certifications from subrecipients. The recipient may not make
a subaward to a State or local government or a "public" institution of higher education,
unless it first obtains a certification of compliance with 8 U.S.C. 1373, properly executed
by the chief legal officer of the jurisdiction or institution that would receive the
subaward, using the appropriate form available at
https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm. Similarly, the recipient
must require that no subrecipient (at any tier) may make a further subaward to a. State or
local government or a "public" institution of higher education, unless it first obtains a
certification of compliance with 8 U.S.C. 1373, properly executed by the chief legal officer
of the jurisdiction or institution that would receive the further subaward, using the
appropriate OJP form. 3. The recipient's monitoring responsibilities include monitoring of
subrecipient compliance with the requirements of this condition. 4. Allowable costs.
Compliance with these requirements is an authorized and priority purpose of this award. To
the extent that such costs are not reimbursed under any other federal program, award funds
may be obligated (including for authorized reimbursements) for the reasonable, necessary, and
allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State
or local government or a "public" institution of higher education, incurs to implement this
condition. 5. Rules of Construction A. For purposes of this condition: (1) "State" and "local
government" include any agency or other entity thereof, but not any institution of higher
education or any Indian tribe. (2) A "public" institution of higher education is one that is
owned, controlled, or directly funded by a State or local government. (3) "Program or
activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C.
2000d -4a). (4) "Immigration status" means what it means for purposes of 8 U.S.C. 1373
(Illegal Immigration Reform and Immigrant Responsibility Act of 1996); and terms that are
defined in 8 U.S.C. 1101 (Immigration and Nationality Act) mean what they mean under that
section 1101, except that the term "State" also shall include American Samoa (cf. 42 U.S.C.
901(a)(2)). (5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note
("Abolition ... and Transfer of Functions"), references to the "Immigration and Naturalization
Service" in 8 U.S.C. 1373 are to be read as references to particular components of the
Department of Homeland Security (DHS). B. Nothing in this condition shall be understood to
authorize or require any recipient, any subrecipient at any tier, any State or local
government, any "public" institution of higher education, or any other entity (or individual)
to violate any federal law, including any applicable civil rights or nondiscrimination law.
48. Authority to obligate award funds contingent on compliance with 8 U.S.C. 1373; unallowable
costs; obligation to notify 1. If the recipient is a State or local government-- A. The
recipient may not obligate award funds if, at the time of the obligation, the "program or
activity" of the recipient (or of any subrecipient at any tier that is a either a State or
unit of local government or a "public" institution of higher education) that is funded in
whole or in part with award funds is subject to any "information -communication restriction."
B. In addition, with respect to any project costs it incurs "at risk," the recipient may not
obligate award funds to reimburse itself if -- at the time it incurs such costs -- the
"program or activity" of the recipient (or of any subrecipient at any tier that is a either a
State or unit of local government or a "public" institution of higher education) that would
be reimbursed in whole or in part with award funds was subject to any "information -
Authorizing Official:_ ` Project Director: Amt (.etLW
Chris Coudriet April Collins
DocuSign Envelope ID: 19D05FAE-DEDF-424A ADB7-C5BATEFEE52F
s�n?r DEPARTMENT OF PUBLIC SAFETY AWARD CONTINUATION SHEET
GOVERNOR'S CRIME COMMISSION
1201 FRONT STREET
o
NALEIGB, NORTH CAROLINA 27609 GRANT.♦wr
communication restriction." C. Any drawdown of award funds by the recipient shall be
considered, for all purposes, to be a material representation by the recipient to OJP that,
as of the date the recipient requests the drawdown, the recipient and all subrecipients
(regardless of tier) are in compliance with 8 U.S.C. 1373. D. The recipient must promptly
notify OJp (in writing) if the recipient, from its requisite monitoring of compliance with
award conditions or otherwise, has credible evidence that indicates that the funded "program
or activity" of the recipient, or of any subrecipient at any tier that is either a State or a
local government or a "public" institution of higher education, may be subject to any
"information -communication restriction." In addition, any subaward (at any tier) to a
subrecipient that is either a State or a local government or a "public" institution of higher
education must require prompt notification to the entity that made the subaward, should the
subrecipient such credible evidence regarding an "information -communication restriction." 2.
Any subaward (at any tier) to a subrecipient that is either a State or a local government or
a "public" institution of higher education must provide that the subrecipient may not
obligate award funds if, at the time of the obligation, the "program or activity" of the
subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in
part with award funds is subject to any "information -communication restriction." 3. Absent an
express written determination by DOJ to the contrary, based upon a finding by DOJ of
compelling circumstances (e.g., a small amount of award funds obligated by the recipient at
the time of a subrecipient's minor and transitory non-compliance, which was unknown to the
recipient despite diligent monitoring), any obligations of award funds that, under this
condition, may not be made shall be unallowable costs for purposes of this award. In making
any such determination, DOJ will give great weight to evidence submitted by the recipient
that demonstrates diligent monitoring of subrecipient compliance with the requirements set
out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required." 4.
Rules of Construction A. For purposes of this condition "information -communication
restriction" has the meaning set out in the award condition entitled "Ongoing compliance with
8 U.S.C. 1373 is required." B. Both the "Rules of Construction" and the "Important Note" set
out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are
incorporated by reference as though set forth here in full.
49. Required local -government -level rules or practices related to aliens; allowable costs The
following provisions apply to the recipient of this award, if the recipient is -a unit of
local government, and also apply to any local -government subrecipient of this award at any
tier (whether or not the recipient itself is a unit of local government). 1. Requirements
With respect to the "program or activity" that is funded (in whole or in part) by this award,
as of the date the recipient accepts this award, and throughout the remainder of the period
of performance for the award-- A. A local ordinance, -rule, -regulation, -policy, or -
practice (or an applicable State statute, -rule, -regulation, - policy, or -practice) must be
in place that is designed to ensure that agents of the United States acting under color of
federal law in fact are given access a local -government (or local -government -contracted)
correctional facility for the purpose of permitting such agents to meet with individuals who
are (or are believed by such agents to be) aliens and to inquire as to such individuals'
right to be or remain in the United States. B. A local ordinance, -rule, -regulation, -
policy, or -practice (or an applicable State statute, -rule, -regulation, - policy, or -
practice) must be in place that is designed to ensure that, when a local -government (or
local-government/contracted) correctional facility receives from DHS a formal written request
authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled
release date and time for a particular alien in such facility, then such facility will honor
such request and -= as early as practicable (see "Rules of Construction" incorporated by
para. 4.B. of this condition) -- provide the requested notice to DHS. 2. Monitoring The
recipient's monitoring responsibilities include monitoring of subrecipient compliance with
the requirements of this condition. 3. Allowable costs Compliance with these requirements is
an authorized and priority purpose of this award. To the extent that such costs are not
reimbursed under any other federal program, award funds may be obligated (including for
authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) of --
(1) developing and putting into place statutes, ordinances, rules, regulations, policies, and
practices to satisfy this condition, (2) permitting access as described in para. l.A. above,
and (3) honoring any request from DHS that is encompassed by para. l.B. above. 4. Rules of
construction A. The "Rules of Construction" and the "Important Note" set out in the award
condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by
reference as though set forth here in full. B. The "Rules of Construction" set out in the
award condition entitled "Required State -level rules or practices related to aliens;
allowable costs" are incorporated by reference as though set forth here in full.
50. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing
of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the
Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA
laboratory with access to CODIS. No profiles generated under this award may be entered or
uploaded into any non-governmental DNA database without prior express written approval from
BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the
Authorizing Official: Project Director: i"t (&W
Chris Coudriet April Collins
Docusign Envelope ID: 19D05FAE-DEDF-424A AD87-C58A7EFEE52F
DEPARTMENT OF PUBLIC SAFETY AWARD CONTINUATION SHEET
F�tjk GDVERNOR'8CRIME COMMISSION
1201 FRONT STREET RALEIQB, NORTH CAROLINA 27609 GRANT - 12 -
resulting DNA profiles may be accepted for entry into CODIS.
51. 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
certifications or assurances 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.
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 a certification or
assurance related to conduct during the award period -- may result in the Office of Justice
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 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 42 U.S.C.
3795a), and also may lead to imposition of civil penalties and administrative remedies for
false claims or otherwise (including under 31 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.
52. Requirement to report actual or imminent breech of personal identifiable information (PIl).
The recipient (and any "subrecipient" at any tier) must have written procedures in place to
respond in the event of an actual or imminent "breech" (OMS M-17-12) if it (or a
subrecipient) - 1) creates, collects, uses, processes, stores, maintains, disseminates,
discloses, or disposes of "personally identifiable information (PII)" (2CFR 200.79) within
the scope of an OJP 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 PII to the assigned GCC Grants Manager no
later than 24 hours after an occurrence of an actual breach, or the detection of an imminent
breach.
53. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -including 18
U.S.0 922 and 34 U.S.C. ch 409 -if the recipient (or any subrecipients at any tier) uses this
award to fund (in whole or in part) a specific project or program (such as law enforcement,
prosecution, or court program) that results in any court dispositions, information, or other
records, that are "eligible records" (under Federal or State Law) relevant to the National
Instant Background Check System (NICS), or that has as one of its purposes the establishment
or improvement of records systems that contain any court dispositions, information, or other
records that are "eligible records" (under federal or State Law) relevant to the MICS, the
recipient, (or subrecipient, if applicable) must ensure that all such court dispositions,
information, or other records that are "eligible records" (under federal or State Law)
relevant to the NICS are promptly made available to the MICS or to the "State"
repository/database that is electronically available to (and accessed by) the NILS, and -when
appropriate -promptly mist update, correct, modify, or remove such NICS-relevant "eligible
record". In the event of minor and transitory non-compliance, the recipient may submit
evidence to demonstrate diligent monitoring of compliance with this condition (including
subrecipient compliance). DOJ will 'give great weight to any such evidence in any express
written determination regarding this condition.
54. Noninterference (within the funded "program or activity") with federal law enforcement: 8
U.S.C. 1373 and 1644; ongoing compliance 1. With respect to the "program or activity"
funded in whole or part under this award (including any'such program or activity of any
subrecipient at any tier), throughout the period of performance, no State or local
government entity, - agency, or -official may prohibit or in any way restrict-- (1) any
government entity or -official from sending or receiving information regarding citizenship
or immigration status as described in 8 U.S.C. 1373(a); or (2) a government entity or -
agency from sending, requesting or receiving, maintaining, or exchanging information
regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any
prohibition (or restriction) that violates this condition is an "information -communication
restriction" under this award.
2. Certifications from subrecipients. The recipient may not make a subaward to a State, a
local government, or a "public" institution of higher education, unless it first obtains a
Authorizing Official:_ Project Director: Qlm{, (AWS
A
Chris Coudriet April Collins
DocuSign Envelope ID: 19DO5FAE-DEDF-424A-ADB7-C5BA7ErEE52F
un
DEPARTMENT OF PUBLIC SAFETY AWARD CONTINUATION SKEET
GOVERNOR'S CRIME COMMISSION
:+ { 1201 FRONT STREET
.' J RALEIGH, NORTH CAROLINA 27609 GRANT - 1 3
� -
certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief
legal officer of the government or educational institution that would receive the
subaward, using the appropriate form available at
htt.s://oi1,Dov/fundinn/ExrIore/Sair.-leCertifications-8USC]3'73.htm. Also, the recipient must
require that no subrecipient (at any tier) may make a further subaward to a State, a local
government, or a public institution of higher education, unless it first obtains a
certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief
legal officer of the government or institution that would receive the further subaward,
using the appropriate OJP form.
3. The recipient's monitoring responsibilities include monitoring of subrecipient
compliance with the requirements of this condition.
4. Allowable costs. Compliance with these requirements is an authorized and priority
purpose of this award. 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) that the recipient, or any subrecipient at any tier that is a State, a local
government, or a public institution of higher education, incurs to implement this
condition.
5. Rules of Construction
A. For purposes of this condition:
(1) "State" and "local government" include any agency or other entity thereof, but not any
institution of higher
education or any Indian tribe. (2) A "public" institution of higher education is defined'as
one that is owned, controlled, or directly funded (in whole or in substantial part) by a
State or local government. (Such a public institution is considered to be a "government
entity," and its officials to be "government officials.")
(3) "Program or activity" means what it means under title VI of the Civil Rights Act of
1964 (see 42 U.S.C. 2000d -4a). (4) "Immigration status" means what it means under 8 U.S.C.
1373 and 6 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean
under that section 1101, except that "State" also includes American Samoa. (5) Pursuant to
the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and
Transfer of Functions"), references to the "Immigration and Naturalization Service" in e
U.S.C. 1373 and 1644 are to be read as references to particular components of the
Department of Homeland Security (DHS).
B. Nothing in this condition shall be understood to authorize or require any recipient, any
subrecipient at any tier, any State or local government, any public institution of higher
education, or any other entity for individual) to violate any federal law, including any
applicable civil rights or nondiscrimination law.
55. Authority to obligate award funds contingent on noninterference (within the funded "program
or activity") with federal law enforcement (8 U.S.C. 1373 and 1644); unallowable costs;
notification
1. If the recipient is a "State," a local government, or a "public" institution of higher
education:
A. The recipient may not obligate award funds if, at the time of the obligation, the
"program or activity" of the recipient (or of any subrecipient at any tier that is a State,
a local government, or a public institution of higher education) that is funded in whole or
in part with award funds is subject to any "information -communication restriction."
B. In addition, with respect to any project costs it incurs "at risk," the recipient may
not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the
program or activity of the recipient (or of any subrecipient at any tier that is a State, a
local government, or a public institution of higher education) that would be reimbursed in
whole or in part with award funds was subject to any information -communication restriction.
C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to
be a material representation by the recipient to OJP that, as of the date the recipient
requests the drawdown, the recipient and each subrecipient (regardless of tier) that is a
State, local government, or public institution of higher education, is in compliance with
the award condition entitled "Noninterference (within the funded 'program or activity')
with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance."
D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite
monitoring of compliance with award conditions or otherwise, has credible evidence that
indicates that the funded program or activity of the recipient, or of any subrecipient at
any tier that is either a State or a local government or a public institution of higher
education, may be subject to any information -communication restriction. In addition, any
subaward (at any tier) to a subrecipient that is a State, a local government, or a public
institution of higher education must require prompt notification to the entity that made
the subaward, should the subrecipient have such credible evidence regarding an information -
communication restriction.
2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a
public institution of higher
I gg r,rJ
Authorizing official: Project Director: (1m[ (.OLl.ws
Chris Coudriet April Collins
DocuSign Envelope ID: 19DO5FAE-DEDF-424A-ADB7-C5BA7EFEE52F
DEPARTMENT OF PUBLIC SAFETY AWARD CONTINUATION SHEET
71
G`.,3� GOVERNOR'S CRIME COMMISSION
1201 FRONT STREET
RALEIGH, NORTH CAROLINA 27609 GRANT - 14
education must provide that the subrecipient may not obligate award funds if, at the time
of the obligation, the program or activity of the subrecipient (or of any further such
subrecipient at any tier) that is funded in whole or in part with award funds is subject tc
any information -communication restriction.
3. Absent an express written determination by DOJ to the contrary, based upon a finding by
DOJ of compelling
circumstances (e.g., a small amount of award funds obligated by the recipient at the time
of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient
despite diligent monitoring), any obligations of award funds that, under this condition,
may not be made shall be unallowable costs for purposes of this award. In making any such
determination, DOJ will give great weight to evidence submitted by the recipient that
demonstrates diligent monitoring of subrecipient compliance with the requirements set out
in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition.
4. Rules of Construction
A. For purposes of this condition "information -communication restriction" has the meaning
set out in the
"Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition.
B. Both the "Rules of Construction" and the "Important Note" set out in the
"Noninterference ... 8 U.S.C. 1373 and
1644 and ongoing compliance" condition are incorporated by reference as though set forth
here in full.
56. Noninterference (within the funded "program or activity") with federal law enforcement: No
public disclosure of certain law enforcement sensitive information
SCOPE. This condition applies with respect to the "program or activity" that is funded (in
whole or in part) by the award, as of the date the recipient accepts this award, and
throughout the remainder of the period of performance. Its provisions must be among those
included in any subaward (at any tier).
1. Noninterference: No public disclosure of federal law enforcement information in order to
conceal, harbor, or shield Consistent with the purposes and objectives of federal law
enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs.
1, 49, 227), no public disclosure may be made of any federal law enforcement information in
a direct or. indirect attempt to conceal, harbor, or shield from detection any fugitive from
justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the
United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure
would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or
of 8 U.S.C. 1324(a).
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 (e.g., training) designed to ensure compliance with this condition.
4. Rules of construction
A. For purposes of this condition --
(1) the term "alien" means what it means under section 101 of the Immigration and
Nationality Act (see 8 U.S.C.
1101(a)(3));
(2) the term "federal law enforcement information" means law enforcement sensitive
information communicated or
made available, by the federal government, to a State or local government entity, -agency,
or -official, through any
means, including, without limitation-- (1) through any database, (2) in connection with any
law enforcement partnership or -task-force, (3) in connection with any request for law
enforcement assistance or -cooperation, or (4)
through any deconfliction (or courtesy) notice. of planned, imminent, commencing,
continuing, or impending federal law enforcement activity;
(3) the term "law enforcement sensitive information" means records or information compiled
for any law enforcement purpose; and
(4) the term "public disclosure" means any communication or release other than one-- (a)
within the recipient, or (b) to any subrecipient (at any tier) that is a government entity.
B. Both the "Rules of Construction" and the "Important Note" set out in the
"Noninterference (within the funded program or activity') with federal law enforcement: 8
U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference
as though set forth here in full.
57. Noninterference (within the funded "program or activity") with federal law enforcement:
Interrogation of certain aliens SCOPE. This condition applies with respect to the "program
Authorizing Official: 1. Project Director: Aryit COt ws
Chris Coudriet April Collins
DocuSign Envelope ID: 19D05FAE-DEDF-424A-ADB7-C5BA7EFEE52F
�� �?^'?- DEPARTMENT OF PUBLIC SAFETY
AWARD CONTINUATION SHEET
GOVERNOR'S CRIME COMMISSION
1201 FRONT STREET
�t [ RALZI(M NORTH CAROLINA 27609 GRANT - 15 -
or activity" that is funded (in whole or in part) by this award, as of the date the
recipient accepts this award, and throughout the remainder of the period of performance for
the award. Its provisions must be among those included in any subaward (at any tier)
1. Noninterference with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C.
1357(a), under which certain federal officers and employees "have power without warrant .,.
to interrogate any alien or person believed to be an alien as to his right to be or to
remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be
exercised "anywhere in or outside the United States" -- within the funded program or
activity, no State or local government entity, -agency, or -official may interfere with the
exercise of that power to interrogate "without warrant" (by agents of the United States
acting under color of federal law) by impeding access to any State or local government for
government -contracted) correctional facility by such agents for the purpose
"interrogat[ing) any alien or person believed to be an alien as to his for her) right to be
or to remain in the United States."
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 (e.g., training) designed to
ensure compliance with this
condition.
4. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under section 101 of the Immigration and
Nationality Act (INA) (see 8
U.S.C. 1101(a)(3)).
(2) The term "correctional facility" means what it means under the title I of the Omnibus
Crime Control and Safe
Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)).
(3) The term "impede" includes taking or continuing any action, or implementing or
maintaining any law, policy, rule,
or practice, that --
(a) is designed to prevent or to significantly delay or complicate, or
(b) has the effect of preventing or of significantly delaying or complicating.
B. Both the "Rules of Construction" and the "Important Note" set out in the
"Noninterference (within the funded
'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing
compliance" award condition are incorporated by reference as though set forth here in full.
58. Noninterference (within the funded "program or activity") with federal law enforcement:
Notice of scheduled release SCOPE. This condition applies with respect to the "program or
activity" that is funded (in whole or in part) by the award, as of the date the recipient
accepts the award, and throughout the remainder of the period of performance. Its
provisions must be among those included in any subaward at any tier.
1. Noninterference with "removal" process: Notice of scheduled release date and time
Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien
incarcerated by a State or
local government, a 90 -day "removal period" during which the federal government "shall"
detain and then "shall"
remove an alien from the U.S. "begins" no later than "the date the alien is released from
... confinement"; also, the
federal government is expressly authorized to make payments to a "State or a political
subdivision of the State ... with respect to the incarceration of [an] undocumented
criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain
criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ
report to Congress on "the number of illegal alien[ felons] in Federal and State prisons"
and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal
aliens") -- within the funded program or activity, no State or local government entity, -
agency, or -official (including a government -contracted correctional facility) may
interfere with the "removal" process by failing to provide -- as early as practicable (see
para. 4.C. below) -- advance notice to
DHS of the scheduled release date and time for a particular alien, if a State or local
government (or government contracted) correctional facility receives from DHS a formal
written request pursuant to the INA that seeks such
advance notice.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance
Authorizing Official: r �— Project Director: twit (AVIS
Chris Coudriet April Collins
DocuSign Envelope ID: 19DU5FAE-DEDF-424A-ADB7-C5BA7EFEE52F
+� DEPARTMENT OF PUBLIC SAFETY AWARD CONTINUATION SHEET
j�7~f t GOVERNOR'S CRIME COMMISSION
1S l3 1201 FRONT STREET
RALEIGH, NORTH CAROLINA 27609 GRANT - 6
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 (e.g., training) designed to ensure compliance with this condition.
4. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under section 101 of the INA (see 8 U.S.C.
1101(a)(3)).
(2) The term "correctional facility" means what it means under the title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)).
B. Nothing in this condition shall be understood to authorize or require any recipient, any
subrecipient at any tier, any State or local government, or any other entity or individual
to maintain (or detain) any individual in custody beyond the date and time the individual
otherwise would have been released.
C. Applicability
(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as
early as practicable (at least 48 hours, if possible)." (See DHS Form I -247A (3/17)). If
(e.g., in light of the date DHS made such request) the
scheduled release date and time for an alien are such as not to allow for the advance
notice that DHS has requested, it shall NOT be a violation of this condition to provide
only as much advance notice as practicable.
(2) Current DHS practice is to use the same form for a second, distinct purpose -- to
request that an individual be
detained for up to 48 hours AFTER the scheduled release. This condition does'NOT encompass
such DHS requests for detention.
D. Both the "Rules of Construction" and the "Important Note" set out in the
"Noninterference (within the funded 'program or activity') with federal law enforcement: 8
U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference
as though set forth here in full.
59. Requirement to collect certain information from subrecipients
The recipient may not make a subaward to a State, a local government, or a "public"
institution of higher education unless it first obtains from the proposed subrecipient
responses to the questions identified in the program solicitation as "Information regarding
Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs
Enforcement (ICE)." All subrecipient responses must be collected and maintained by the
recipient, consistent with regular document retention requirements, and must be made
available to DOJ upon request. Responses to these questions are not required from
subrecipients that are either a tribal government/organization, a nonprofit organization,
or a private institution of higher education.
60. Reporting requirements
The subrecipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed
information on reporting and other JAG requirements, refer to the JAG reporting
requirements webpage. Failure to submit required JAG reports by established deadlines may
result in the freezing of grant funds and future High Risk designation. These PMT Reports
must then be uploaded into the appropriate PMT Tabs with the correct corresponding quarters
in the GEMS System. Failure to do so will result in the subrecipient not being to file and
submit reimbursements in a timely manner. The subrecipient must also submit an annual
progress report in the GEMS system that must be reviewed by its assigned Grants Manager for
review. Failure to do this will also result in a GEMS hold that will prevent further
activity on this project.
61. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must
Authorizing Official: Project Director: April f,oU ws
Chris Coudriet April Collins
DocuSign Envelope ID: 19DO5FAE-DEDF-424A-ADB7-C5BA7EFEE52F
..sow k4 DEPARTMENT OF PUBLIC SAFETY
AWARD CONTIIJQATION SHEET
GOVERNOR'S CRIb'E CONOIISSION
} 1201 FRONT STREET
y � itAL8iC3H, NORTH CAROLINA 27609 GRANT - 17 -
i
._
submit quarterly accountability metrics data related to training that officers have
received on the use of force, racial and ethnic bias, de-escalation of conflict, and
constructive engagement with the public.
62_ Expenditures prohibited without waiver No funds under this award may be expended on the
purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C.
10152, the BJA Director certifies that extraordinary and exigent circumstances exist,
making such expenditures essential to the maintenance of public safety and good order.
63. Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force
funded with award funds who is a task force commander, agency executive, task force
officer, or other task force member of equivalent rank, must complete required online
(internet-based) task force training. Additionally, all future task force members must
complete this training once during the period of performance for this award, or once every
four years if multiple OJP awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for
Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force
effectiveness, as well as other key issues including privacy and civil liberties/rights,
task force performance measurement, personnel selection, and task force oversight and
accountability. If award funds are used to support a task force, the recipient must compile
and maintain a task force personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the
Center for Task Force Integrity and Leadership (www.ctfli.ora).
64. Noninterference {within the funded "program or activity") with federal law enforcement: 8
U.S.C. 1373 and 1644; ongoing compliance
1. With respect to the "program or activity" funded in whole or part under this award
(including any such program or activity of any subrecipient at any tier); throughout the
period of performance, no State or local government entity, - agency, or -official may
prohibit or in any way restrict-- (1) any government entity or -official from sending or
receiving information regarding citizenship or immigration status as described in 8 U.S.C.
1373(a); or (2) a government entity or -agency from sending, requesting or receiving,
maintaining, or exchanging information regarding immigration status as described in either
8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is
an "information -communication restriction" under this award.
2. The recipient's monitoring responsibilities include monitoring of subrecipient
compliance with the requirements of this condition.
3. Allowable costs. Compliance with these requirements is an authorized and priority
purpose of this award. 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) that the recipient, or any subrecipient at any tier that is a State, a
local government, or a public institution of higher education, incurs to implement this
condition.
4. Rules of Construction
A. For purposes of this condition:
(1) "State" and "local government" include any agency or other entity thereof, but not any
institution of higher education or any Indian tribe.
(2) A "public" institution of higher education is defined as one that is owned, controlled,
or directly funded (in whole or in substantial part) by a State or local government. (Such
a public institution is considered to be a "government entity," and its officials to be
"government officials.")
(3) "Program or activity" means what it means under title VI of the Civil Rights Act of
1964 (see 42 U.S.C. 2000d -4a).
(4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and
terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except
that "State" also includes American Samoa.
(5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition
and Transfer of Functions"), references to the "Immigration and Naturalization Service"
in 8 U.S.C. 1373 and 1644 are to be read as references to particular components of the
Department of Homeland Security (DHS).
B. Nothing in this condition shall be understood to authorize or require any recipient, any
subrecipient at any tier, any State or local government, any public institution of higher
education, or any other entity (or individual) to violate any federal law, including any
applicable civil rights or nondiscrimination law.
65. No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing
compliance 1. Throughout the period of performance, no State or local government entity, -
agency, or -official may use funds under this award (including under any subaward, at any
Authorizing Official: J Project Director: 401(,e(I(wS —
Chris Coudriet April Collins
DocuSign Envelope ID: 19DO5FAE-DEDF-424A-ADB7-C5BA7EFEE52F
DEPARTMENT OF PUBLIC SAFETY AWARD CONTINUATION SHEET
pf GOVERNOR'S CRIME COMMISSION
tV 1201 FRONT STREET
v RALEIGH, NORTH CAROLINA 27609 GRANT - 18 -
tier) to prohibit or in any way restrict-- (1) any government entity or -official from
sending or receiving information regarding citizenship or immigration status as described
in 8 U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or
receiving, maintaining, or exchanging information regarding immigration status as described
in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this
condition is an "information -communication restriction" under this award. 2. The
recipient's monitoring responsibilities include monitoring of subrecipient compliance with
the requirements of this condition. 3. Allowable costs. Compliance with these requirements
is an authorized and priority purpose of this award. 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) that the recipient, or any subrecipient
at any tier that is a State, a local government, or a public institution of higher
education, incurs to implement this condition. 4. Rules of Construction. Both the "Rules of
Construction" and the "Important Note" set out in the "Noninterference (within the funded
"program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing
compliance" condition are incorporated by reference as though set forth here in full.
66. Authority to obligate award funds contingent on noninterference (within the funded "program
or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs;
notification 1. If the recipient is a "State," a local government, or a "public"
institution of higher education: A. The recipient may not obligate award funds if, at the
time of the obligation, the "program or activity" of the recipient (or of any subrecipient
at any tier that is a State, a local government, or a public institution of higher
education) that is funded in whole or in part with award funds is subject to any
"information -communication restriction." B. In addition, with respect to any project costs
it incurs "at risk," the recipient may not obligate award funds to reimburse itself if --
at the time it incurs such costs -- the program or activity of the recipient (or of any
subrecipient at any tier that is a State, a local government, or a public institution of
higher education) that would be reimbursed in -whole or in part with award funds was subject
to any information -communication restriction. C. Any drawdown of award funds by the
recipient shall be considered, for all purposes, ,to be a material representation by the
recipient to OJP that, as of the date the recipient requests the drawdown, the recipient
and each subrecipient (regardless of tier) that is a State, local government, or public
institution of higher education, is in compliance with the award condition entitled
"Noninterference (within the funded 'program or activity') with federal law enforcement: 8
U.S.C. 1373 and 1644; ongoing compliance." D. The recipient must promptly notify OJP (in
writing) if the recipient, from its requisite monitoring of compliance with award
conditions or otherwise, has credible evidence that indicates that the funded program or
activity of the recipient, or of any subrecipient at any tier that is either a State or a
local government or a public institution of higher education, may be subject to any
information -communication restriction. In addition, any subaward (at any tier) to a
subrecipient that is a State, a local government, or a public institution of higher
education must require prompt notification to the entity that made the subaward, should the
subrecipient have such credible evidence regarding an information -communication
restriction. 2. Any subaward (at any tier) to a subrecipient that is a State, a local
government, or a public institution of higher education must provide that the subrecipient
may not obligate award funds if, at the time of the obligation, the program or activity of
the subrecipient (or of any further such subrecipient at any tier) that is funded in whole
or in part with award funds is subject to any information -communication restriction. 3.
Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ
of compelling circumstances (e.g., a small amount of award funds obligated by the recipient
at the time of a subrecipient's minor and transitory non-compliance, which was unknown to
the recipient despite diligent monitoring), any obligations of award funds that, under this
condition, may not be made shall be unallowable costs for purposes of this award. In making
any such determination, DOJ will give great weight to evidence submitted by the recipient
that demonstrates diligent monitoring of subrecipient compliance with the requirements set
out in the "Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" award
condition. 4. Rules of Construction A. For purposes of this condition "information -
communication restriction" has the meaning set out in the "Noninterference ... 8 U.S.C.
1373, and 1644; ongoing compliance" condition. B. Both the "Rules of Construction" and the
"Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and 1644; ongoing
compliance" condition are incorporated by reference as though set forth here in full.
67. Authority to obligate award funds contingent on no use of funds to interfere with federal
law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification 1. If,the
recipient is a "State," a local government, or a "public" institution of higher education:
A. The recipient may not obligate award funds if, at the time of the obligation, the
"program or activity" of the recipient (or of any subrecipient at any tier that is a State,
a local government, or a public institution of higher education) that is funded in whole or
Authorizing Official: Project Director: 0MI %baa s
Chris Coudriet April Collins
DocuSign Envelope ID: 19DO5FAE-DEDF-424A,ADB7-C5BA7EFEE52F
DEPARTMENT OF PUBLIC SAFETY AWARD CONTINUATION SHEET r r 1 \ GOVERNOR' S CRr= COiOKISSION'
1201 FRONT STREET
�s RAIXTOR, NORTH CAROLINA 27609 GRANT - �9 -
in part with award funds is subject to any "information -communication restriction." B. In
addition, with respect to any project costs it incurs "at risk," the recipient may not
obligate award funds to reimburse itself if -- at the time it incurs such costs -- the
program or activity of the recipient (or of any subrecipient at any tier that is a State, e
local government, or a public institution of higher education) that would be reimbursed in
whole or in part with award funds was subject to any information -communication restriction.
C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to
be a material representation by the recipient to OJP that, as of the date the recipient
requests the drawdown, the recipient and each subrecipient (regardless of tier) that is a
State, local government, or public institution of higher education, is in compliance with
the award condition entitled "No use of funds to interfere with federal law enforcement: 8
U.S.C. 1373 and 1644; ongoing compliance." D. The recipient must promptly notify OJP (in
writing) if the recipient, from its requisite monitoring of compliance with award
conditions or otherwise, has credible evidence that indicates that the funded program or
activity of the recipient, or of any subrecipient at any tier that is either a State or a
local government or a public institution of higher education, may be subject to any
information -communication restriction. In addition, any subaward (at any tier) to a
subrecipient that is a State, a local government, or a public institution of higher
education must require prompt notification to the entity that made the subaward, should the
subrecipient have such credible evidence regarding an information -communication
restriction. 2. Any subaward (at any tier) to a subrecipient that is a State, a local
government, or a public institution of higher education must provide that the subrecipient
may not obligate award funds if, at the time of the obligation, the program or activity of
the subrecipient (or of any further such subrecipient at any tier) that is funded in whole
or in part with award funds is subject to any information -communication restriction. 3.
Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ
of compelling circumstances (e.g., a small amount of award funds obligated by the recipient
at the time of a subrecipient's minor and transitory non-compliance, which was unknown to
the recipient despite diligent monitoring), any obligations of award funds that, under this
condition, may not be made shall be unallowable costs for purposes of this award. In making
any such determination, DOJ will give great weight to evidence submitted by the recipient
that demonstrates diligent monitoring of subrecipient compliance with the requirements set
out in the "No use of funds to interfere ... 8 U.S.C. 1373 and 1644; ongoing compliance"
award condition. 4. Rules of Construction. The "Rules of Construction" set out in the
"Authority to obligate award funds contingent on noninterference (within the funded
"program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; unallowable
costs; notification" condition are incorporated by reference as though set forth here in
full.
68. Noninterference (within the funded "program or activity") with federal law enforcement: No
public disclosure of certain law enforcement sensitive information SCOPE. This condition
Applies with respect to the "program or activity" that is funded (in whole or in part) by
the award, as of the date the recipient accepts this award, and throughout the remainder of
the period of performance. Its provisions must be among those included in any subaward (at
any tier). 1. Noninterference: No public disclosure of federal law enforcement information
in order to conceal, harbor, or shield Consistent with the purposes and objectives of
federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18
U.S.C, chs. 1, 49, 227), no public disclosure may be made of any federal law enforcement
information in a direct or indirect attempt to conceal, harbor, or shield from detection
any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or
remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether
such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C.
1071 or 1072 or of 8 U.S.C. 1324(a). 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 (e.g., training) designed to ensure compliance with this condition. 4.
Rules of construction A. For purposes of this condition-- (1) the term "alien" means what
it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C.
1101(a)(3)); (2) the term "federal law enforcement information" means law enforcement
sensitive information communicated or made available, by the federal government, to a State
or local government entity, -agency, or -official, through any means, including, without
limitation-- (1) through any database, (2) in connection with any law enforcement
partnership or -task-force, (3) in connection with any request for law enforcement
assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of
planned, imminent, commencing, continuing, or impending federal law enforcement activity;
(3) the term "law enforcement sensitive information" means records or information compiled
for any law enforcement purpose; and (4) the term "public disclosure" means any
communication or release other than one-- (a) within the recipient, or (b) to any
subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction"
and the "Important Note" set out in the "Noninterference (within the funded 'program or
Authorizing Official: aProject Director:_ altht t,0((.Im
Chris Coudriet April Collins
DocuSign Envelope ID: 19DO5FAE-DEDF-424A,ADB7-C5BA7EFEE52F
AWARD CONTINUATION SHEET
GRANT
activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance"
award condition are incorporated by reference as though set forth here in full.
69. No use of funds to interfere with federal law enforcement: No public disclosure of certain
law enforcement sensitive information SCOPE. This condition applies as of the date the
recipient accepts this award, and throughout the remainder of the period of performance.
Its provisions must be among those included in any subaward (at any tier). 1. No use of
funds to interfere: No public disclosure of federal law enforcement information in order tc
conceal, harbor, or shield Consistent with the purposes and objectives of federal law
enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs.
1, 49, 227), no funds under this award may be used to make any public disclosure of any
federal law enforcement information in a direct or indirect attempt to conceal, harbor, or
shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who
has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 --
without regard to whether such disclosure would constitute (or could form a predicate for)
a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 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 (e.g., training) designed to ensure compliance with
this condition. 4. Rules of construction. The "Rules of Construction" set out in the
"Noninterference (within the funded "program or activity") with federal law enforcement: No
public disclosure of certain law enforcement sensitive information" award condition are
incorporated by reference as though set forth here in full.
70. Noninterference (within the funded "program or activity") with federal law enforcement:
Interrogation of certain aliens SCOPE. This condition applies with respect to the "program
or activity" that is funded (in whole or in part) by this award, as of the date the
recipient accepts this award, and throughout the remainder of the period of performance for
the award. Its provisions must be among those included in any subaward (at any tier). 1.
Noninterference with statutory law enforcement access to correctional facilities Consonant
with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under
which certain federal officers and employees "have power without warrant ... to interrogate
any alien or person believed to be an alien as to his right to be or to remain in the
United States," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in
or outside the United States" -- within the funded program or activity, no State or local
government entity, -agency, or -official may interfere with the exercise of that power to
interrogate "without warrant" (by agents of the United States acting under color of federal
law) by impeding access to any State or local government (or government -contracted)
correctional facility by such agents for the purpose of "interrogat(ing) any alien or
person believed to be an alien as to his [or her] right to be or to remain in the United
States." 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 (e.g., training)
designed to ensure compliance with this condition. 4. Rules of construction A. For
purposes of this condition: (1) The term "alien" means what it means under section 101 of
the Immigration and Nationality Act (INA) (see 8 U.S.C. I101(a)(3)). (2) The term
"correctional facility" means what it means under the title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)). (3) The term "impede" includes
taking',or continuing any action, or implementing or maintaining any law, policy, rule, or
practice, that-- (a) is designed to prevent or to significantly delay or complicate, or (b)
has the effect of preventing or of significantly delaying or complicating. B. Both the
"Rules of Construction" and the "Important Note" set out in the "Noninterference (within
the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644. and
ongoing compliance" award condition are incorporated by reference as though set forth here
in full.
71. No use of funds to interfere with federal law enforcement: Interrogation of certain aliens
SCOPE. This condition applies as of the date the recipient accepts this award, and
throughout the remainder of the period of performance for the award. its provisions must be
among those included in any subaward (at any tier). 1. No use of funds to interfere with
statutory law enforcement access to correctional facilities Consonant with federal law
enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain
federal officers and employees "have power without warrant ... to interrogate any alien or
person believed to be an alien as to his right to be or to remain in the United States,"
and 8 C.F.R. 267.5(a), under which that power may be exercised "anywhere in or outside the
United States" -- no State or local government entity, -agency, or -official may use funds
Authorizing Official: A Project Director: Iryi (AWS _
Chris Coudriet April Collins
DEPARTMENT OF PUBLIC SAFETY
GOVERNOR'S CRIME COMMISSION
F �'N.
1201 FRONT STREET
" tf
�)
RALEIGN, NORTH CAROLINA 27609
AWARD CONTINUATION SHEET
GRANT
activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance"
award condition are incorporated by reference as though set forth here in full.
69. No use of funds to interfere with federal law enforcement: No public disclosure of certain
law enforcement sensitive information SCOPE. This condition applies as of the date the
recipient accepts this award, and throughout the remainder of the period of performance.
Its provisions must be among those included in any subaward (at any tier). 1. No use of
funds to interfere: No public disclosure of federal law enforcement information in order tc
conceal, harbor, or shield Consistent with the purposes and objectives of federal law
enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs.
1, 49, 227), no funds under this award may be used to make any public disclosure of any
federal law enforcement information in a direct or indirect attempt to conceal, harbor, or
shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who
has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 --
without regard to whether such disclosure would constitute (or could form a predicate for)
a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 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 (e.g., training) designed to ensure compliance with
this condition. 4. Rules of construction. The "Rules of Construction" set out in the
"Noninterference (within the funded "program or activity") with federal law enforcement: No
public disclosure of certain law enforcement sensitive information" award condition are
incorporated by reference as though set forth here in full.
70. Noninterference (within the funded "program or activity") with federal law enforcement:
Interrogation of certain aliens SCOPE. This condition applies with respect to the "program
or activity" that is funded (in whole or in part) by this award, as of the date the
recipient accepts this award, and throughout the remainder of the period of performance for
the award. Its provisions must be among those included in any subaward (at any tier). 1.
Noninterference with statutory law enforcement access to correctional facilities Consonant
with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under
which certain federal officers and employees "have power without warrant ... to interrogate
any alien or person believed to be an alien as to his right to be or to remain in the
United States," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in
or outside the United States" -- within the funded program or activity, no State or local
government entity, -agency, or -official may interfere with the exercise of that power to
interrogate "without warrant" (by agents of the United States acting under color of federal
law) by impeding access to any State or local government (or government -contracted)
correctional facility by such agents for the purpose of "interrogat(ing) any alien or
person believed to be an alien as to his [or her] right to be or to remain in the United
States." 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 (e.g., training)
designed to ensure compliance with this condition. 4. Rules of construction A. For
purposes of this condition: (1) The term "alien" means what it means under section 101 of
the Immigration and Nationality Act (INA) (see 8 U.S.C. I101(a)(3)). (2) The term
"correctional facility" means what it means under the title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)). (3) The term "impede" includes
taking',or continuing any action, or implementing or maintaining any law, policy, rule, or
practice, that-- (a) is designed to prevent or to significantly delay or complicate, or (b)
has the effect of preventing or of significantly delaying or complicating. B. Both the
"Rules of Construction" and the "Important Note" set out in the "Noninterference (within
the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644. and
ongoing compliance" award condition are incorporated by reference as though set forth here
in full.
71. No use of funds to interfere with federal law enforcement: Interrogation of certain aliens
SCOPE. This condition applies as of the date the recipient accepts this award, and
throughout the remainder of the period of performance for the award. its provisions must be
among those included in any subaward (at any tier). 1. No use of funds to interfere with
statutory law enforcement access to correctional facilities Consonant with federal law
enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain
federal officers and employees "have power without warrant ... to interrogate any alien or
person believed to be an alien as to his right to be or to remain in the United States,"
and 8 C.F.R. 267.5(a), under which that power may be exercised "anywhere in or outside the
United States" -- no State or local government entity, -agency, or -official may use funds
Authorizing Official: A Project Director: Iryi (AWS _
Chris Coudriet April Collins
DocuSign Envelope ID: 19DO5FAE-DEDF-424A-ADB7-C5BA7EFEE52F
19MI DEPARTMENT OF PUBLIC SAFETY AWARD CONTINUATION SHEET
�Ita GOVERNOR'S CRIME COMMISSION
< 1 ` 1201 FRONT STREET
RALEIGH, NORTH CAROLINA 27609 GRANT - 21 -
under this award to interfere with the exercise of that power to interrogate "without
warrant" (by agents of the United States acting under color of federal law) by impeding
access to any State or local government (or government contracted) correctional facility by
such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien
as to his [or her] right to be or to remain in the United States." 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 (e.g., training) designed to ensure compliance with
this condition. 4. Rules of construction. The "Rules of Construction" set out in the
"Noninterference (within the funded "program or activity") with federal law enforcement:
Interrogation of certain aliens" award condition are incorporated by reference as though
set forth here in full.
72. Noninterference (within the funded "program or activity") with federal law enforcement:
Notice of scheduled release SCOPE. This condition applies with respect to the "program or
activity" that is funded (in whole or in part) by the award, as of the date the recipient
accepts the award, and throughout the remainder of the period of performance. Its
provisions must be among those included in any subaward at any tier. 1. Noninterference
with "removal" process: Notice of scheduled release date and time Consonant with federal
law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State
or local government, a 90 -day "removal period" during which the federal government "shall"
detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the
alien is released from ... confinement"; also, the federal government is expressly
authorized to make payments to a "State or a political subdivision of the State ... with
respect to the incarceration of [an] undocumented criminal alien"), 8 U.S.C. 1226 (the
federal government "shall take into custody" certain criminal aliens "when the alien is
released"); and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of
illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the
prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program
or activity, no State or local government entity, -agency, or -official (including a
government -contracted correctional facility) may interfere with the "removal" process by
failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to
DHS of the scheduled release date and time for a particular alien, if a State or local
government (or government contracted) correctional facility receives from DES a formal
written request pursuant to the INA that seeks such advance notice. 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 (e.g., training) designed to ensure compliance with
this condition. 4. Rules of construction A. The "Rules of Construction" set out in the
"Noninterference (within the funded "program or activity") with federal law enforcement:
Interrogation of certain aliens" award condition are incorporated by reference as though
set forth herein full. B. Nothing in this condition shall be understood to authorize or
require any recipient, any subrecipient at any tier, any State or local government, or any
other entity or individual to maintain (or detain) any individual in custody beyond the
date and time the individual otherwise would have been released. C. Applicability())
Current DHS practice is ordinarily to request advance notice of scheduled release "as early
as practicable (at least 48 hours, if possible)." (See DES Form I -247A (3/17)). If (e.g.,
in light of the date DES made such request) the scheduled release date and time for an
alien are such as not to allow for the advance notice that DES has requested, it shall NOT
be a violation of this condition to provide only as much advance notice as practicable. (2)
Current DES practice is to use the same form for a second, distinct purpose -- to request
that an individual be detained for up to 48 hours AFTER the scheduled release. This
condition does NOT encompass such DES requests for detention.
73. No use of funds to interfere with federal law enforcement: Notice of scheduled release
SCOPE. This condition applies as of the date the recipient accepts the award, and
throughout the remainder of the period of performance. Its provisions must be among those
included in any subaward at any tier. 1. No use of funds to interfere with "removal"
process: Notice of scheduled release date and time Consonant with federal law enforcement
statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local
government, a 90 -day "removal period" during which the federal government "shall" detain
and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien
is released from* ... confinement"; also, the federal government is expressly authorized to
make payments to a "State or a political subdivision of the State ... with respect to the
incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government
"shall take into custody" certain criminal aliens "when the alien is released"); and 8
U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[
felons] in Federal and State prisons" and programs underway "to ensure the prompt removal"
Authorizing Official: _ Project Director: AML -rAWS
Chris Coudriet April Collins
DocuSign Envelope ID: 19DO5FAE-DEDF-424A,ADB7-C5BA7EFEE52F
DEPARTMENT OF PUBLIC SAFETY AWARD CONTIN17ATION SHEET
GOVERNOR'S CRIME COMMISSION
1201 FRONT STREET
5` x; RALEIGH,_ NORTH CAROLINA 27609GRANT - 2 2 -
from the U.S. of removable "criminal aliens") -- no State or local government entity, -
agency, or - official (including a government -contracted correctional facility) may use
funds under this award to interfere with the "removal" process by failing to provide -- as
early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled
release date and time for a particular alien, if a State or local government (or
government -contracted) correctional facility receives from DHS a formal written request
pursuant to the INA that seeks such advance notice. 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 (e.g., training) designed to ensure compliance with
this condition. 4. Rules of construction. The "Rules of Construction" set out in the
"Noninterference (within the funded "program or activity") with federal law enforcement:
Notice of scheduled release" award condition are incorporated by reference as though set
forth here in full. Requirement to collect certain information from subrecipients Except as
provided in this condition, the recipient may not make a subaward to a State, a local
government, or a "public" institution of higher education, unless it first obtains from the
proposed subrecipient responses to the questions identified in the program solicitation as
"Information regarding Communication'with the Department of Homeland Security (DHS) and/or
Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected
and maintained by the recipient, consistent with document retention requirements, and must
be made available to DOJ upon request. Responses to these questions are not required from
subrecipients that are either a tribal government/organization, a nonprofit organization,
or a private institution of higher education.
Authorizing Official: _ Project Director: brit ( ws
Chris Coudriet April Collins j
DocuSign Envelope ID: 19D05FAE-DEDF-424A-ADB7-C5BA7EFEE52F
Award Instructions for
NC Governor's Crime Commission
Grant Awards 2020
Dear Project Director and Authorizing Official,
Attached to this DocuSign envelope is your (1) Award and Special Conditions and (2) FY 2020 Governor's
Crime Commission Grant Award Supplemental Forms packet
Instructions:
1. Attachment 1: Award Instructions
a. Download these instructions.
b. Keep these instructions for your records with your agency's office grant file.
2. Attachment 2: Award and Special Conditions
a. Sign in DocuSign as indicated by the boxes with your name:
L the Award
ii. and each page of the Special Conditions.
b. The Project Director is the first to electronically receive and sign the Award and Special
Conditions.
c. Once the Project Director has signed the Award and Special Conditions, Docusign sends
the DocuSign envelope to the Authorizing Official electronically.
d. Once the Authorizing Official has signed the Award and Special Conditions, Docusign
sends the DocuSign envelope back to GCC electronically.
e. GCC staff will review the signed Award and signed Special Conditions for completeness.
3. Attachment 3: FY 2020 Governor's Crime Commission Grant Award Supplemental Forms
a. Download this document which contains additional forms that you must complete.
b. Sign or notarize the documents as indicated on each form.
c. Scan all of these forms as one document and title the document "FY 2020 Governor's
Crime Commission Grant Award Supplemental Forms"
d. Upload this as an attachment to the attachments section in GEMS.
e. Email GCC's administrative staff that the upload is complete.
a. gcc admin@ncdps.eov
b. For the subject line, type:
PRO!###### - FY 2020 Governor's Crime Commission Grant Award
Supplemental Forms
f. NOTE: One form must be notarized. Notarize the form State Grant Certification — No
Overdue Tax Debts. Keep the original notarized form in your agency's office grant file to
be checked during a GCC site visit or an audit.
g. NOTE: If you forget to download the supplemental forms from DocuSign, these forms
are now available on the GCC website for you to download under the forms section.
If you have any questions, please contact your assigned planner.
Sincerely,
The Planning Team
Award Instructions for Subrecipients_Awards 2020 Page 1 of 1
DoCuSign Envelope ID: 19005FAE-DEDF-424A-ADB7-C5BA7EFEE52F
Award Attachment U1 —
Equal Employment Opportunity Plan
Certification
DOCUSign Envelope ID: 19D05FAE-DEDF-424A ADB7-CSBA7EFEE52F
FY2020 Governor's Crime Commission Grant Award Supplemental
Form: Award Attachment 01— Equal Employment Opportunity
Plan Certification
An Equal Employment Opportunities Plan (EEOP) is a workforce report that some organizations
must complete as a condition for receiving Justice Department funding authorized by the
Omnibus Crime Control and Safe Streets Act of 1968. The EEOP's purpose is to ensure that
subrecipients of financial assistance from the Justice Department are providing equal
employment opportunities to men and women regardless of sex, race or national origin. Federal
regulations establishing the EEOP requirement also link a diverse workforce to effective law
enforcement:
The experience of the [Justice Department] in implementing its responsibilities under the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, ... has demonstrated that the
full and equal participation of women and minority individuals in employment opportunities in
the criminal justice system is a necessary component to the Safe Streets Act's program to reduce
crime and delinquency in the United States. 28 C.F.R. § 42.301.
Justice Department regulations pertaining to the development of a comprehensive EEOP can be
found at 28 C.F.R. s 42.301-.308.
The US Department of Justice Office of Civil Rights (OCR) developed the EEOP Utilization
Report to help recipients comply with the EEOP regulations. Instead of requiring subrecipients to
report all of the employment data that federal regulations require them to keep (see 28 C.F.R. c
42.301-308), OCR uses the Report to prompt subrecipients to collect and analyze key
employment data, organized by race, national origin and sex. OCR also uses the Report as an
initial screening tool. If OCR's review of an agency's Report indicates that a more thorough
examination of employment practices may be appropriate, it may request that the subrecipient
provide additional employment data.
Subrecipients subject to the authority of the Safe Streets Act (as well as subrecipients of VOCA,
VAWA and OJJDP funds) must develop an EEOP if they meet ALL of the following criteria:
• The subrecipient is a state or local government agency or a business; AND
• The subrecipient has 50 or more employees; AND
• The subrecipient has received a single award of $25,000 or more.
Subrecipients subject to the Safe Streets Act (as well as subrecipients receiving VOCA, VAWA
and OJJDP funds) are exempt from the EEOP requirement, if the subrecipient:
is a nonprofit organization, a medical or educational institution or an Indian Tribe; OR
has less than 50 employees; OR,
received a single award for less than $25,000.
DocuSign Envelope ID: 19DO5FAE-DEDFF424A ADB7-C5BA7EFEE52F
Subrecipients that are exempt from the EEOP requirement must still claim the exemption from
the EEOP requirement. To claim the exemption or to complete your organization's EEOP
utilization report, your organization should log into the online Equal Employment Opportunity
(EEO) Reporting System. This system will allow you to create your organization's account, then
prepare and submit an EEO Certification Form and if required, create and submit an EEO
Utilization Report. You will also be able to access your organization's saved information in
subsequent logins.
To claim the exemption from developing an EEOP, the subrecipient must complete Section A of
the Certification Form and submit it online. Subrecipient organizations who claim the exemption
will receive a "Thank You" acknowledgement from OCR once they have submitted their
exemption request (Section A). Subrecipients who must submit additional EEOP information
will receive a "congratulations" acknowledgement once they submit the required information.
If a subrecipient does not wish to use the tool, they should fill out the form and submit it to
EEOPForms:'u,us&o .gov. Note, however, that the criteria provided for Section B are no longer
correct, and that all recipients of awards of $25,000 or more are required to prepare and submit
an EEOP.
All subrecipients should save a screenshot/copy of their EEOP submission
acknowledgement or a copy of the email sent to USDOJ at the address above. The Project
Director or Authorizing Official should sign and date the screenshot or email copy. This
document should be uploaded for Attachment 1.
Relevant Links
➢ EEOP Reporting Tool/EEO Reporting System Log -in
o www.oip.-gov/about/ocr/eeop
➢ EEOP Reporting Tool Job Aid (Instructions on how to complete the online EEO reports
or claim exemption)
o https://www.oip-gov/sites/t_/files/X�,ckuh241/files/media/document/EEORenortTo
of JobAid.pdf
➢ EEOP Frequently Asked Questions
o haps://www.ojp.goy/prooram/civil-rights/equal-employment-opportunity-
program-eeop-fags
DocuSign Envelope ID: 19D05FAE-DEDF-424A ADB7-C5BA7EFEE52F
Award Attachment 02 —
Certification Regarding Lobbying, Debarment, and
Suspension
DocuSign Envelope ID: 19D05FAE-DEDF424A-AD87-C5BATEFEE52F
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro-curement) and
Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and public (Federal, State, or local) transaction or contract under a
CFR Part for persons entering into a public transaction; violation of Federal or State antitrust statutes
implemented at a
or commission tembezzlement, theft, forgery,
grant or cooperative agreement over $100,000, as defined at
28 CFR Part 69, the applicant certifies that: bribery, falsification destruction of records, making false
statements, or receiving stolen property;
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for In-
fluencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or at-
tempting to Influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with Its Instructions;
(c) The undersigned shall require that the language of this cer-
tification be included in the award documents for all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Part 67, for prospec-
tive participants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.510—
A. The applicant certifies that it and its principals:
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this applica-
tion had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 26 CFR Part 67 Sections 67.615 and 67.620—
A. The applicant certifies that it will or will continue to provide
a drug-free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to
inform employees about—
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(a) Are not presently debarred, suspended, proposed for debar-
(4) The penalties that may be imposed upon employees for
ment, declared ineligible, sentenced to a denial of Federal
drug abuse violations occurring in the workplace;
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department
(c) Making it a requirement that each employee to be engaged
or agency;
in the performance of the grant be given a copy of the state -
(b) Have not within ethree-year period preceding this applica-
ment required by paragraph (a);
tion been convicted of or had a civil judgment rendered against
(d) Notifying the employee in the statement required by para -
them for commission of fraud or a criminal offense in connec-
graph (a) that, as a condition of employment under the grant,
tion with obtaining, attempting to obtain, or performing a
the employee will—
OJP FORM 406116 (3-91) REPLACES OJP FORMS 4061/2,4061/3 AND 4061/4 WHICH ARE OBSOLETE.
DocuSign Envelope 1D: 19D05FAE-DEDF-424A-ADB7-C5BA7EFEE52F
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such convic-tion.
Employers of convicted employees must provide notice, including
position title, to: Department of Justice, Office of
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue,
N.W., Washington, D.C. 20531. Notice shall include the iden-
tification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted—
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law enforce-
ment, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs (a), (b),
(c), (d), (e), and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, county, state, zip
code)
Check ❑ if there are workplaces on file that are not indentified
here.
Section 67, 630 of the regulations provides that a grantee that
is a State may elect to make one certification In each Federal
fiscal year. A copy of which should be included with each ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
Check ❑ if the State has elected to complete OJP Form
406117.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67.620—
A. As a condition of the grant, I certify that I will not engage
In the unlawful manufacture, distribution, dispensing, posses-
sion, or use of a controlled substance In conducting any
activity with the grant; and
B. If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, I
will report the conviction, in writing, within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 810 Seventh Street NW.,
Washington, DC 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
t`�Dcx oklf__
daSSo �o�ectnrnec QAr c 4c\3
cX05
2. Application Number a /or Project Name 3. Grantee IRSNendor Number
aQ1(9 - �&w
4. Typed Name and Title of Authorized Representative
CW -t5 I CoLt4�1 U ' OL�-ec
S. 6. Date
.Si e
0 /,x I
2.,11
'U.S. Govemment Prinfing Office: 19%- 405-037/40014
DocuSign Envelope ID: 19005FAE-DEDF-424A-ADB7-C5BA7EFEE52F
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 034MG46
See reverse tor pumic Duraen aisciosure.
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract F-1 a. bid/offer/application a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post -award For Material Change Only:
d. loan year quarter
e. loan guarantee date of last report
f. loan Insurance
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
❑ Prime ❑ subawardee and Address of Prime:
Tier if known:
Congressional District, if known:
6. Federal Department/Agency: 7.
18. Federal Action Number
10. a. Name and Address
(if individual, last nar,
11. hdonnat,on requested though this form
1352. This disclosure of lobbyhv ac9vl l/
upon which reliance was placed by the is -
or entered hdo. This disclosure is requ
information win be reported to the CwWw
public Inspection. Any person who falls
subject to a civil penalty of not less that 9
each such failure.
Federal Use Only:
drict, if known:
Name/Description:
:able:
wn:
g Services (including address if
ul ):
Date:
Authorized for Local Reproduction
Standard Forth LLL (Rev. 7-97)
DocuSlgn Envelope ID: 19D05FAE-DEDF-424A-ADB7-C5BA7EFEE52F
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the Initiation or receipt of a covered Federal
action, or a material change to a previous filing. pursuant to tille 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make
payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employeeof a Member of Congress in connection with a covered Federal action. Complete all items that applyfor both the initial filing and material
change report Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriatedassfication of this report. If this is a followup report caused by a material change to the information previously reported, enter
the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal
action.
4. Enter the full name, address, qty, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification
of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the fierof the subawardee, e.g., the first subawardee
of the prime is the 1 st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee,"then enter the full name, address, city, State and zip code of the prime Federal
recipient. Include Congressional District, if known.
6. Enter the name of the Federalagency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number availablefor the Federal action identified in hem 1 (e.g., Request for Proposal (RFP) number;
Invitation for Bid (IFS) number, grant announcement number, the contract, grant, or loan award number; the application/proposal control number
assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan
commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity Identified in item 4 to Influence the covered Federal action.
(b) Enter the full names of the indMdual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and
Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, tifle, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond.to a collection of information unless it displays a valid OMB Control
Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information Is
estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection od
Information, Including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington,
DC 20503.
DocuSlgn Envelope ID: 19Do5FAE-DEDF-424A-ADB7-C5BA7EFEE52F
Award Attachment 03 —
Single Audit Certification Form
NSD
Effective with fiscal years beginning on or after December 26, 2014, the Uniform Guidance requires all
recipients of Federal funds to have a Single audit conducted when total Federal award expenditures are
$750,000 or more during a fiscal year. Subpart F—Audit Requirements
This threshold includes Federal award expenditures from all sources, not just from GCC. For this reason,
the certification form should -be completed by -a financial official in your organization who has access to
grant records for your entire organization.
Your assistance is needed in completing and returning this form to GCC. Please upload the completed form
to: Documents in each project and send the original back with your signed grant award.
New Hanover County Sheriffs Office
Sub -recipient Name
56-6000324
Tax ID Number
Did your organization expend $750,000 or more in total Federal awards in fiscal year 2018?
YES XX A Single Audit is required.
(Expected completion date)
*If the answer is YES above, your organization must submit a copy of your Single Audit reporting package to the
Federal Audit Clearinghouse (FAC) within the earlier of 30 calendar days after receipt of the auditor's report(s), or
nine months after the audit period. In addition, if the audit disclosed audit findings that relate to the award(s) provided
by (GCC), your organization must concurrently submit the audit report package to GCC, along with a list of related
findings and a corrective action plan to address those findings.
NO F_� A single audit is not required.
I certify that, to the best of my knowledge, the above information is correct:
Name: Lisa Wurtzbacher
(Financial Officer)
Title: Chief Financial Officer
Date: D/ I I/ 9, E-mail: Iwurtzbacher@nhcgov.com
GCC - 206 Rev. 09/18/19
DocuSlgn Envelope 1D: 19D05FAE-DEDF-424A-ADB7-C5BA7EFEE52F
Award Attachment 04 —
Certification of No Overdue Tax Debts
[)PSJ
Goy rr*esCrimeCommission State Grant Certification - No Overdue Tax Debts
Date: 2-11-21
To: State Agency Head and Chief Fiscal Officer
Certification:
We certify that New Hanover County does not have any overdue tax debts, as defined by
N.C.G.S. § 105-243.1, at the federal, State, or local level. We further understand that any person who
makes a false statement in violation ofN.C.G.S. §143C -6-23(c) is guilty of a criminal offense punishable
as provided by N.C.G. S. §143C-10-1.
Sworn Statement:
Julia Olson-Boseman and April Collins being duly sworn, say that we are the
Board Chair and Project Director, respectively, of New Hanover County of
New Hanover County in the State of North Carolina; and that the foregoing certification is true,
accurate, and complete to the best of our knowledge and was made and subscribed by us. We also
acknowledge and understand that any misuse of State funds will be reported to the appropriate authorities
for furlher-action- A
Dahria Kianpour
o air Notary Public
New Hanover County, NC
My Commission Expires J111 —7111
P o' ct Director (Seal)
Sworn to and subscribed before me on the day of the date of said certification.
My Commission Expires: I ' Lzz
Notary Signature
If there are any questions, please contact the Governor's Crime Commission's Grants Management Director at (919)
733-4564 or you may contact the North Carolina Office of State Budget and Management, NCGrants@osbm.nc.gov
- (919) 807-4795.
G.S. § 105-243.1 defines: "Overdue tax debt. - Any part of a tax debt that remains unpaid 90 days or more after the
notice of final assessment was mailed to the taxpayer. The term does not include a tax debt, however, if the
taxpayer entered into an installment agreement for the tax debt under G.S. 105-237 within 90 days after the notice of
final assessment was mailed and has not failed to make any payments due under the installment agreement."
GCC - 100 Rev. 08/28/19
DocuSign Envelope ID: 19D05FAE-DEDF-424A-AD87-C5BA7EFEE52F
Award Attachment 05 —
Employment Eligibility Verification Certification
�r
DPSJ
Employment Eligibility Verification Certification
ckWeM0r5rd„ec0ntW5;0n
I hereby certify that, as part of the hiring and contracting processes, the employment eligibility of
all individuals that are currently hired and/or contracted (or will be hired) and funded (in whole
or in part) with grant funds awarded from the N.C. Governor's Crime Commission, has been
verified (or will be verified) consistent with the provisions of 8 U.S.C. §1324a(a)(1) and (2).
I furthermore certify that:
a. All persons, who are or will be involved in activities under this award, have been notified or
will be notified of both (1) the requirement for verification of employment eligibility, and (2) the
associated provisions in 8 U.S.C. § 1324a(a)(1) and (2) that, generally speaking, make it
unlawful, in the United States, to hire (or recruit for employment) certain aliens.
b. As part of the recordkeeping for this award (including pursuant to 2 CFR §200 - Uniform
Requirements), records are maintained and will be maintained of all employment eligibility
verifications pertinent to compliance with this award condition in accordance with Form I-9
record retention requirements, as well as records of all pertinent notifications and trainings.
c. For purposes of satisfying the requirement of verification of employment eligibility, our
agency may also choose to participate in and use, E -Verify (www.e-verify.goy). An appropriate
person, authorized to act on behalf of our agency, may use E -Verify (and will subsequently
follow the proper E -Verify procedures, including those procedures related to a "Tentative Non -
confirmation" or a "Final Non -confirmation") to confirm employment eligibility for all
individuals that are currently hired and/or contracted (or will be hired and/or contracted) and
funded (in whole or in part) with grant award funds.
d. I understand that these records may be monitored by the federal awarding agency and/or GCC
at any time and will retain copies of the records in accordance with federal record retention
requirements.
2019 - New Hanover County Sheriffs Office - School Safety
Project Name
New Hanover County Sheriffs Office
aAge
g 16alSig.aftne
FVI
�►� (:`_ ..` �-; Com—
Financial Officer Signature /-A^
P ,I Director Signature
Chris Coudriet
Printed Name
Lisa Wurtzbacher
Printed Name
April Collins
Printed Name
PROJO13825
Project Number
.��•Z1
Date
Date 9 /
Date
GCC - 110 Rev. 12/11/19
DocuSIgn Envelope ID: 99D05FAE4DEDF-424A-ADB7-C5BA7EFEE52F
Award Attachment 06 —
Certification of Advance Determination of Suitability for
Individuals Interacting with Participating Minors
DocuSign Envelope ID: 19Do5FAE-DEDF-424A ADB7-C5BA7EFEE52F
Advance Determination of Suitability for
Individuals Interacting with Participating
,b n Minors
On behalf of the Subrecipient, and in support of this grant agreement, I certify under penalty
of perjury to the U.S. Department of Justice ("Department"), that all of the following are true
and correct:
I have the authority to make the following representations on behalf of the subrecipient
organization.
I certify that this organization will implement processes to make advance determination of
suitability for all individuals who may interact with participating minors as part of
programs/activities funded (in whole or in part) with funds awarded from the N.C. Governor's
Crime Commission (GCC) or included in the GCC approved budget in accordance with the
information provided.
1. Advance determination regarding suitability. The recipient (and any subrecipient at any tier)
may not permit any covered individual (to include employees, consultants, contractors,
employees of a contractor, trainees, volunteers, and/or teachers) to interact with any
participating minor in the course of activities under the award, unless the recipient or
subrecipient first has made a written determination of the suitability of that individual to interact
with participating minors, based on current and appropriate information as described in
paragraph 3.E., and taking into account the factors and considerations described in paragraph 4.
2. Updates and reexaminations
A. The recipient (or subrecipient) must, at least every five years, update the searches
described reexamine the covered individual's suitability determination in light of those search
results, and, if appropriate, modify or withdraw that determination.
B. The recipient also must reexamine a covered individual's suitability determination upon
learning of information that reasonably may suggest unsuitability and, if appropriate, modify or
withdraw that determination.
3.. "Current and appropriate information"
In addition to information resulting from checks or screening required by applicable federal,
state, tribal, or local law, and/or by the recipient's (or subrecipient's) written policies and
procedures, current and appropriate information includes the results of all required searches
listed below, each of which must be completed no earlier than six months before the
determination regarding suitability. I understand that the following searches are mandatory!!
GCC - 109 Rev. 12/11/19
DocuSign Envelope ID: 19D05FAE-DEDF-424A-ADB7-C5BA7EFEE52F
(1) Public sex offender and child abuse websites/registries
A search (by current name, and, if applicable, by previous name(s) or aliases), of the pertinent
and reasonably -accessible federal, state, and (if applicable) local and tribal sex offender and
child abuse websites/public registries, including --
(a) the Dru Sjodin National Sex Offender Public Website (www.nsopw.gov);
(b) the website/public registry for each state (and/or tribe, if applicable) in which the
individual lives, works, or goes to school, or has lived, worked, or gone to school at any time
during the past five years; and
(c) the website/public registry for each state (and/or tribe, if applicable) in which the
individual is expected to, or reasonably likely to, interact with a participating minor in the course
of activities under the award.
(2) Criminal history registries and similar repositories of criminal history records
For each individual at least 18 years of age who is a covered individual under this FY 2019
award, a fingerprint search (or, if the recipient or subrecipient documents that a fingerprint
search is not legally available, a name -based search, using current and, if applicable, previous
names and aliases) (-- encompassing at least the time period beginning five calendar years
preceding the date of the search request -- of pertinent state (and, if applicable, local and tribal)
criminal history registries or similar repositories, including --
(a) the criminal history registry for each state in which the individual lives, works, or
goes to school, or has lived, worked, or gone to school at any time during the past five years; and
(b) the criminal history registry for each state in which he or she is expected to, or
reasonably likely to, interact with a participating minor in the course of activities under the
award.
4.. Factors and considerations for determining suitability.
A. In addition to the factors and considerations that must or may be considered under
applicable federal, state, tribal, or local law, and under the recipients (or subrecipients) written
policies and procedures, in making a determination regarding suitability, the recipient (or
subrecipient) must consider the current and appropriate information as collected within the
applicable timeframes.
In particular (unless applicable law precludes it), with respect to either an initial determination of
suitability or a subsequent reexamination, the recipient (or subrecipient) may not determine that a
covered individual is suitable to interact with participating minors in the course of activities
under the award if the covered individual --
(a) Withholds consent to a criminal history search required by this condition;
(b) Knowingly makes (or made) a false statement that affects, or is intended to affect, any
search required by this condition;
(c) Is listed as a registered sex offender on the Dru Sjodin National Sex Offender Public
Website;
GCC - 109 Rev. 12/11/19
DocuSign Envelope ID: 19D05FAE-DEDF-424A-ADB7-C5BA7EFEE52F
(d) To the knowledge of the recipient (or subrecipient), has been convicted -- whether as a felony
or misdemeanor -- under federal, state, tribal, or local law of any of the following crimes (or any
substantially equivalent criminal offense, regardless of the specific words by which it may be
identified .in law):
• sexual or physical abuse, neglect, or endangerment of an individual under the age of 18 at
the time of the offense;
• rape/sexual assault, including conspiracy to commit rape/sexual assault;
• sexual exploitation, such as through child pornography or sex trafficking;
• kidnapping;
*voyeurism; or
(e) Is determined by a federal, state, tribal, or local government agency not to be suitable.
Furthermore, I certify that I understand that these records may be monitored by the federal
awarding agency and/or GCC at any time and will retain copies of the records in accordance with
federal record retention requirements.
Project Name Project Number
Agency
Authorizing Official Signah
Financial Officer Signature
Project Director Signature
Date
Date
Date
GCC - 109 Rev. 1114121
DocuSign Envelope ID: 19DO5FAE-DEDF424A AD87-C58ATEFLE52F
Award Attachment 07 —
NOD Acceptable Use Policy
DocuSign Envelope ID: 19D05FAE-DEDF-424A ADB7-C5BA7EFEE52F
N.C. Department of Public Safety, Governor's Crime Commission
:,. NCID Acceptable Use Policy
Section 1. Application
This policy applies to any state employee, contractor, sub -recipient, or third party who uses any device, whether state-
owned or personal, to connect to the State Network. G.S. §1436-1336(a)(5) defines the State Network as "any
connectivity designed for the purpose of providing Internet Protocol transport of information for State agencies." State law
also requires the Department of Information Technology (DIT) to manage the State Network.
Section 2. Requirements
1. Users may not connect personal devices to the State Network without express written permission from the agency
head or the agency head's designee. This requirement does not apply to users who connect to the State Network
through a state -supplied "guest" WI -Fl network.
2. Personally owned "smart" devices may not be connected to the State Network. "Smart" devices, commonly referred to
as the "Internet of Things," include such devices as thermostats, wearable technologies, or appliances.
3. All devices connected to the State Network must have updated malware/anti-virus protection.
4. Users must not attempt to access any data, documents, email correspondence, and programs contained on systems
for which they do not have authorization.
S. Systems administrators and authorized users must not divulge remote connection information or other access points to
information technology resources to anyone without proper authorization.
6. Users must not share their account(s), passwords, Personal Identification Numbers (PIN), Security Tokens (i.e.
Smartcard), or other similar information or devices used for identification and authorization purposes.
7. Users must not make unauthorized copies of copyrighted or state-owned software.
S. Users must ensure all files downloaded from an external source to the State Network or any device connected to the
State Network, including a diskette, compact disc (CD), USB flash drive, or any other electronic medium, is scanned
for malicious software such as viruses, Trojan horses, worms or other malicious code.
9. Users must ensure that the transmission or handling of personally identifiable information (PII) or other sensitive data
is encrypted or has adequate protection.
10. Users may not download, install or distribute software to state-owned devices unless it has been approved by the
agency head or the agency head's designee.
11. Users must not download State data to personally owned devices unless approved by the agency head or the agency
head's designee.
12. Users must not purposely engage inactivity that is illegal according to local, state or federal law, or activity that may
harass, threaten or abuse others, or intentionally access, create, store or transmit material which may be deemed to be
offensive, indecent or obscene.
13. Users accessing the State Network through a Local Area Network (LAN) must avoid unnecessary network traffic and
interference with other users. Specific prohibitions include, but are not limited to, the following:
(a) Unsolicited commercial advertising by public employees and State Network users. For the purpose of this policy,
"unsolicited commercial advertising" includes any transmission initiated by a vendor, provider, retailer, or
manufacturer of goods, products, or services, or by a third party retained by, affiliated with, or related to the
vendor, provider, retailer, or manufacturer that describes goods, products, or services. This prohibition does not
include the following:
Page 1 of 2
GCC -104
Rev. 8/28/19
DoauSign Envelope ID: 19D05FAE-DEDF-424A-AD87-C5BA7EFEE52F
(i) discussions of a product or service's relative advantages and disadvantages by users of those products or
services (unless the user is also the vendor, retailer, or manufacturer, or related to or affiliated with the
vendor, provider, retailer, or manufacturer);
(ii) responses to questions, but only if such responses are direct replies to those who inquired via electronic mail,
or
(iii) mailings to individuals or entities on a mailing list so long as the individual or entity voluntarily placed his/her
name on the mailing list.
(b) Any other type of mass mailing by employees and others accessing the State Network through the agency LAN that
does not pertain to governmental business or a state-sponsored activity.
14. Users accessing the State Network through an agency LAN must only access Internet -streaming sites as consistent with
the mission of the agency for the minimum amount of time necessary.
15. Users must not engage in activity that may degrade the performance of information resources, deprive an authorized
user access to resources, obtain extra resources beyond those allocated, or circumvent information security measures.
16. Users must not download, install or run security programs or utilities such as password cracking programs, packet
sniffers, or port scanners that reveal or exploit weaknesses in the security of information technology resources unless
approved in writing by the agency head or the agency head's designee.
17. Information technology resources must not be used for personal benefit, political activity, unsolicited advertising,
unauthorized fund raising, personal business ventures, or for the solicitation of performance of any activity that is
prohibited by any local, state or federal law.
18. Access to the Internet from state-owned, home based, devices must adhere to all acceptable use policies.
Employees must not allow family members or other non -employees to access nonpublic accessible information
systems.
19. Users must report any weaknesses in computer security to the Grant Management Specialist for follow-up
investigation. Weaknesses in computer security include unexpected software or system behavior, which may indicate
an unauthorized disclosure of information or exposure to security threats..
20. Users must report any incidents of possible misuse or violation of the Acceptable Use Policy
21. Users have a responsibility to promptly report the theft, loss or unauthorized disclosure of information.
Section 3. Violations
Violation of this policy could result in disciplinary action, termination, loss of information resources and criminal
prosecution.
Section 4. References
The following sections in the Statewide Information Security Manual provide additional guidance in the appropriate use of
State information technology resources.
020201 Accessing State Resources in an Acceptable Wap
030301 Sending and Receiving Electronic Mail (Email)
030302 Using the Internet for Work Purposes
030303 Downloading Files and Information from the Internet
030307 Filtering Inappropriate Material from the Internet
040102 Implementing New / Upgraded Software
I certify that I have read and understand the NCID Acceptable Use Policy and that I will ensure compliance with this policy.
S�turre,, Project Director Date
J
it C011��5
Printed ame
c,Q,r�
Title
GCC - 104 Page 2 of 2
Rev. 8/28/19
DocuSign Envelope ID: 19DU5FAE-0EDF-424A-ADB7-C5BA7EFEE52F
Award Attachment 08 —
Civil Rights Compliance Self Certification
DowSign Envelope ID: 19D05FAE-DEDF-424A ADB7-C5BA7EFEE52F
N+C
Civil Rights Compliance Self -Certification
for GCC Grantees
,,
Completed for: o (I Q o"N �o 9 �—
Organization Name
GCC Project Number:
I hereby certify that I have viewed the following online training modules offered by the U.S.
Department of Justice, Office for Civil Rights (OCR) listed below.
I accept responsibility for ensuring that project staff members are trained and understand their
responsibilities to comply with federal civil rights laws applicable to recipients of Department of
Justice funds covered in the training materials cited below. I may do this by having project staff
also view the OCR videos.
Training Video (Found at:
# Staff
https://ojp.gov/abouVocr/assistance.htm)
Date Completed
Trained
What is the Office for Civil Rights and What Laws Does It
Enforce?
What are the Standard Assurances and How Does the Office for
Civil Rights Enforce Civil Rights Laws?
What Obligations Do Recipients of Justice Department Funding
Have to Provide Services to Limited English Proficient Persons?
What are the Civil Rights Laws that Affect Funded Faith -Based
Organizations?
What Civil Rights Protections Do American Indians Have in
Programs Funded by the Justice Department? What are the
Obligations of Funded Indian Tribes?
I also certify that I have read and understand "Civil Rights and Responsibilities for GCC Grantees"
and that I will ensure that activities fiznded with federal grant funds under this project are in
compliance with applicable civil rights laws. I understand that this self -certification is valid for the
period of performance of the listed grant project.
OZ/1
9 2�
*ae,ct Director Date
Printed ame
Title
GCC -101B Rev. 07/31/19
DocuSign Envelope ID: 19D05FAE-DEDF-424A ADB7-C5BA7EFEE52F
Award Attachment 09 —
Civil Rights Compliance Checklist
NC Governor's Crime Commission
LW*V'wr;� Civil Rights Compliance Checklist
C'&&rAdCdrftr&WdWW
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
(DOJ) has authority to monitor civil rights compliance for grants awarded by the DOJ, such as
those issued by the Bureau of Justice Assistance, Office for Victims of Crime, and Office on
Violence Against Women. OCR has established monitoring standards for State Administering
Agencies (e.g., GCC) of DOJ grants to ensure civil rights compliance by each subrecipient. This
checklist was adapted from an OCR sample checklist and is part of the civil rights monitoring
process. Please complete the checklist and upload a copy in GEMS to your project.
Name of Agency New Hanover County Sheriffs Office
Project Number: PROJO13825
Contact Information:
Name April Collins
Title Fiscal -Support -Technician -
Phone 910-798-4507 Email acollins@nhcgov.com
Date of Submission
1. If the subrecipient is required to prepare an Equal Employment Opportunity Plan (EEOP) in
accordance with 28 C.F.R. pt. 42, subpt. E, does the subrecipient have an EEOP on file for
review? (If a subrecipient is unsure as to whether they are required to prepare an EEOP, they
can find out at https://oip.gov/.about/ocr/eeop.h , where they can also prepare and file their
EEOP electronically).
2 Yes
❑ No
If yes, on what date did the subrecipient complete the EEOP? 11/13/2020
2. If the subrecipient is required to submit an EEOP Utilization Report to the Office for Civil
Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) in
accordance with 28 C.F.R. pt. 42, subpt. E, has the subrecipient done so?
❑ Yes ❑ No
n/a - do not have to submit
GCC - 101A Rev. 09/06/19
If yes, on what date did the subrecipient submit the EEOP Utilization Report?
3. Has the subrecipient submitted a Certification Form to the OCR certifying compliance with
the EEOP requirements?
❑ Yes ❑ No n/a
If yes, on what date did the subrecipient submit the Certification Form?
4. How does the subrecipient notify program participants and beneficiaries (e.g., through
brochures, postings, or policy statements) that it does not discriminate in the delivery of
services or benefits based on race, color, national origin, religion, sex, disability, and age (as
well as sexual orientation and gender identity if the subrecipient receives funding from the
Office on Violence Against Women (OVW) or under the Violence Against Women Act
(VAWA) of 1994, as amended)?
Comments: n/a - does not receive OVW funding
5. How does the subrecipient notify employees and prospective employees (e.g., through
advertisements, recruitment materials, postings, dissemination of orders or policies) that it
does not discriminate on the basis of race, color, national origin, religion, sex, and disability
(as well as sexual orientation and gender identity if the subrecipient receives funding from
OVW or under VAWA)?
Comments: n/a - does not receive OVW funding
6. Does the subrecipient have written policies or procedures for notifying employees on how to
file complaints alleging discrimination by the subrecipient?
2 Yes ❑ No
If yes, explain these policies and procedures.
NHC Personnel Policies & Procedures Article 4.2
7. Does the subrecipient have written policies or procedures for notifying program participants
and beneficiaries on how to file complaints alleging discrimination by the subrecipient,
including how to file complaints with the NC Governor's Crime Commission and the OCR?
❑ Yes ® No
If yes, explain these policies and procedures.
NHC Personnel Policies & Procedures Article 4.2, 6.15, 6.16 and 6.17, provides for employees
interaction with participants and beneficiaries, however the NC Governor's Crime Commission is not
part of the written policy.
GCC - 101A Rev. 09/06/19
8. If the subrecipient has fifty or more employees and receives DOJ funding of $25,000 or
more, has the subrecipient taken the following actions:
a. Adopted grievance procedures that incorporate due process standards and provide for
the prompt and equitable resolution of complaints alleging a violation of the DOJ
regulations implementing Section 504 of the Rehabilitation Act of 1973, found at 28
C.F.R. pt. 42, subpt. G, which prohibit discrimination on the basis of disability in
employment practices and the delivery of services?
0 Yes ❑ No
b. Designated a person to coordinate compliance with the prohibitions against disability
discrimination contained in 28 C.F.R. pt. 42, subpt. G?
fd Yes ❑ No
c. Notified program participants, beneficiaries, employees, applicants, and others that
the subrecipient does not discriminate on the basis of disability?
12 Yes ❑ No
Comments:
NHC Personnel Policies & Procedures Article 4.2, 6.15, 6.16 and 6.17.
Also, labor law posters are posted in County facilities.
9. If the subrecipient operates an educational program or activity, has the subrecipient taken the
following actions:
a. Adopted grievance procedures that provide for the prompt and equitable resolution of
complaints alleging a violation of the DOJ regulations implementing Title IX of the
Education Amendments of 1972, found at 28 C.F.R. pt. 54, which prohibit
discrimination on the basis of sex?
® Yes ❑ No
b. Designated a person to coordinate compliance with the prohibitions against sex
discrimination contained in 28 C.F.R. pt. 54?
® Yes ❑ No
GCC - 101A Rev. 09/06/19
c. Notified applicants for admission and employment, employees, students, parents, and
others that the subrecipient does not discriminate on the basis of sex in its educational
programs or activities?
12 Yes ❑ No
Comments:
NHC Personnel Policies & Procedures Article 4.2, 6.15, 6.16 and 6.17
10. Has the subrecipient complied with the requirement to submit to the OCR any adverse
findings of discrimination against the subrecipient based on race, color, national origin,
religion or sex that are the result of a due process hearing conducted by a federal or state
court or a federal or state administrative agency?
® Yes ❑ No
Comments:
11. What steps has the subrecipient taken to provide meaningful access to its programs and
activities to persons who have limited English proficiency (LEP)?
Comments:
The County has bilingual staff that can be called and/or dispatched as needed. In situations where bilingual staff
is unavailable or unable to speak a particular language in order to serve a customer, we would immediatley
use services provided through the Language Line Services, Inc. in order to meet the need and to provide service to the
customer.
12. Does the subrecipient have a written language -access policy on providing services to LEP
persons?
❑ Yes ® No
13. Does the subrecipient conduct any training for its employees on the requirements of
applicable federal civil rights laws?
® Yes ❑ No
Comments Training is required for supervisors and employees
14. Does the subrecipient provide federally funded services to eligible beneficiaries regardless of
religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or
participate in a religious practice?
GCC - 101A Rev. 09/06/19
® Yes ❑ No
If the subrecipient engages in explicitly religious activities, does it do the following:
a. Separate the explicitly religious activities in either time or location from the federally
funded activities?
❑ Yes ❑ No n/a
b. Ensure that participation in the explicitly religious activities is voluntary for
participants in the federally funded program?
❑ Yes ❑ No n/a
Comments:
15. If the subrecipient is a religious institution or a faith -based organization, does the
subrecipient do the following: n/a
a. Provide appropriate notice to program beneficiaries or prospective beneficiaries that
the subrecipient does not discriminate on the basis of religion in the delivery of
services or benefits?
n/a
❑ Yes ❑ No
b. Provide appropriate notice to program beneficiaries or prospective beneficiaries that
if they object to the "religious character" of the subrecipient, the subrecipient will
make a reasonable effort to find an acceptable alternative provider in close
geographic proximity that offers comparable services?
❑ Yes ❑ No n/a
c. Keep a record of the requests for an alternative provider from beneficiaries or
prospective beneficiaries who object to the subrecipient's "religious character,"
noting the subrecipient's efforts to find an appropriate alternative provider and to
follow up with the beneficiary or prospective beneficiary?
❑ Yes ❑ No n/a
Comments:
GCC - 101A Rev. 09/06/19
16. If the subrecipient receives funding under VAWA or from OVW, does it serve male victims
of domestic violence, dating violence, sexual assault, and stalking?
❑ Yes ❑ No n/a
Comments:
17. If the subrecipient receives funding under VAWA or from OVW, does the subrecipient
provide sex- segregated or sex-specific services?
❑ Yes ❑ No n/a
If yes, describe how the services are sex -segregated or sex-specific.
If yes, has the subrecipient determined that providing services that are sex -segregated or
sex specific is necessary to the essential operation of the program?
❑ Yes ❑ No n/a
If yes, describe how the subrecipient determined that providing sex -segregated or sex-
specific services is necessary to the essential operation of the program.
ADDITIONAL INFORMATION
New Hanover County Personnel Policies & Procedures
Article Titles
4.2 - Equal Employment Opportunity Policy
6.15 - Respectful Workplace Policy
6.16 - Unlawful Workplace Harrassment Policy
6.17 - Workplace Protection Policy
GCC - 101A Rev. 09/06/19