HomeMy WebLinkAbout17- City Grant #2017-07 - Grant Agreement - US Department of Justice - Edward Byrne Memorial Justice Assistance Grant (JAG) for Tasers MIT
City of Bozeman Grant Routing Cover Sheet
This form is used in conjunction with Administrative Order 2014-01, adopting the Grant Application and Reception
Policy. When a Department Director signs grant documents under this provision, they are certifying that they
understand and will carry out the provisions of the grant and its impact on city operations and finances. All the
required boxes must be initialed by the appropriate departments. Use a separate routing sheet for each phase of the
grant process. Utilize assigned grant number for each phase for tracking purposes.
Grant Document Title: FY17 JAG 5 Tasers Grant#(issued by City Clerk):2017-07
CFDA#(applies to Federal grants) 16.738 Grant Total:$6,200 Grant Match:0
Department: Police Grant Project Manager: Rich McLane
Phase of Process: ❑Notice of Intent Application ❑� Award/Contract
Date Document Signed:07/24/17
For all grants under$20,000 in Department Finance Office City Manager Original Signed
value. Director Grant Documents
to City Clerk
Does not require approval on
Commission meeting agenda COM ED
For all grants over$20,000 in Department Finance Office City Manager Original Signed
value. Director Grant Documents
to City Clerk
*Department Director initials
verify notification to City
Commission and City Manager
within 30 days of grant
application.
REQUIRES City Commission
Approval
DATE of COMMISSION
MEETING: 07/24/17
Presented by: McLane
❑� Consent Action
Revised 10/27/2014
°F TttE 9r STATE OF MONTANA
BOARD OF CRIME CONTROL
Q - �
Wa, y y PO Box 201408 -5 South Last Chance Gulch-Helena MT 59620-1408
Phone: (406)444-3604 Fax: (406)444-4722
GRANT AWARD
Subgrant: 16-G08-92172 Obtain Conducted Elec Weapons City Bozeman PD
Grantee: City of Bozeman FEIN: 816001238
PO Box 1230 Duration: 07/01/2017 through 06/30/2018
Bozeman, MT 59771 Proj. Dir: Richard McLane
Award Date: 07/01/2017 Personnel: $0.00
Federal Amount Awarded: $6,200.00 Contract Services: $0.00
State Amount Awarded: $0.00 Travel: $0.00
Guaranteed Local Matching: $0.00 Equipment: $6,200.00
Operating: $0.00
Total: $6,200.00 Total: $6,200.00
Source of Federal Funds: 16.738 -JAG Edward Byrne Memorial Justice Asst.
Special Conditions
Please see attached Special Conditions
I am pleased to inform you that the Board of Crime Control has approved your application for financial
assistance. This grant is subject to the special conditions listed above, general conditions attached
hereto, and must be implemented and administered along guidelines already established by your agency.
This grant shall become effective, as of the date of award, when the grantee signs and returns a copy of
this grant award to the Board of Crime Control.
Funds allocated to this project, both awarded and matching, must be obligated prior to: 06/30/2018
�vl
Deb Matteucci Date
Executive Director
Board of Crime Control
I, as authorized representative of the above grantee agency, hereby signify acceptance of the above
described grant on the terms and conditions set forth above or incorporated by reference therein.
7- - l
DeNnris /A.'�o� Date
fir,( ,,f►,,. C i Manager
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
public(Federal, State,or local)transaction or contract under a
As required by Section 1352,Title 31 of the U.S.Code,and public transaction;violation of Federal or State antitrust statutes
implemented at 28 CFR Part 69,for persons entering into a or commission of embezzlement,theft,forgery,
grant or cooperative agreement over$100,000,as defined at bribery,falsification or destruction of records, making false
28 CFR Part 69,the applicant certifies that: statements, or receiving stolen property;
(a)No Federal appropriated funds have been paid or will be (c)Are not presently indicted for or otherwise criminally or
paid, by or on behalf of the undersigned, to any person for in- civilly charged by a governmental entity(Federal,State,or
fluencing or attempting to influence an officer or employee of any local)with commission of any of the offenses enumerated in
agency, a Member of Congress,an officer or employee of paragraph (I)(b)of this certification;and
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant,the entering into (d)Have not within a three-year period preceding this applica-
of any cooperative agreement, and the extension,continuation, tion had one or more public transactions(Federal, State, or
renewal, amendment, or modification of any Federal grant or local)terminated for cause or default;and
cooperative agreement;
B.Where the applicant is unable to certify to any of the
(b) If any funds other than Federal appropriated funds have statements in this certification, he or she shall attach an
been paid or will be paid to any person for influencing or at- explanation to this application.
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 3.DRUG-FREE WORKPLACE
Federal grant or cooperative agreement, the undersigned shall (GRANTEES OTHER THAN INDIVIDUALS)
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions; As required by the Drug-Free Workplace Act of 1988, and
(c)The undersigned shall require that the language of this cer- implemented at 28 CFR Part 67,Subpart F,for grantees, as
tification be included in the award documents for all subawards defined at 28 CFR Part 67 Sections 67.615 and 67.620—
at all tiers(including subgrants, contracts under grants and A.The applicant certifies that it will or will continue to provide
cooperative agreements,and subcontracts)and that all sub- a drug-free workplace by:
recipients shall certify and disclose accordingly.
(a)Publishing a statement notifying employees that the
unlawful manufacture,distribution,dispensing, possession,or
2. DEBARMENT,SUSPENSION,AND OTHER use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
RESPONSIBILITY MATTERS employees for violation of such prohibition;
(DIRECT RECIPIENT) (b)Establishing an on-going drug-free awareness program to
As required by Executive Order 12549, Debarment and inform employees about—
Suspension, and implemented at 28 CFR Part 67, for prospec- (1)The dangers of drug abuse in the workplace;
tive participants in primary covered transactions, as defined at (2)The grantee's policy of maintaining a drug-free workplace;
28 CFR Part 67, Section 67.510—
A. The applicant certifies that it and its principals: (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 athree-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 4061/6(3-91)REPLACES OJP FORMS 4061/2,4061/3 AND 4061/4 WHICH ARE OBSOLETE.
(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; Check ❑ if there are workplaces on file that are not indentified
(e)Notifying the agency, in writing,within 10 calendar days here.
after receiving notice under subparagraph(d)(2)from an Section 67, 630 of the regulations provides that a grantee that
employee or otherwise receiving actual notice of such convic-tion. is a State may elect to make one certification in each Federal
Employers of convicted employees must provide notice, including fiscal year.A copy of which should be included with each ap-
position title,to: Department of Justice,Office of plication for Department of Justice funding. States and State
Justice Programs,ATTN:Control Desk, 633 Indiana Avenue, agencies may elect to use OJP Form 4061/7.
N.W.,Washington, D.C.20531. Notice shall include the iden-
tification number(s)of each affected grant; Check ❑ if the State has elected to complete OJP Form
(f)Taking one of the following actions,within 30 calendar 4061/7.
days of receiving notice under subparagraph(d)(2),with
respect to any employee who is so convicted— DRUG-FREE WORKPLACE
(1)Taking appropriate personnel action against such an (GRANTEES WHO ARE INDIVIDUALS)
employee, up to and including termination, consistent with the As required by the Drug-Free Workplace Act of 1988, and
requirements of the Rehabilitation Act of 1973, as amended;or implemented at 28 CFR Part 67, Subpart F,for grantees,as
(2)Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67; Sections 67.615 and 67.620—
drug abuse assistance or rehabilitation program approved for A.As a condition of the grant, I certify that I will not engage
such purposes by a Federal,State,or local health, law enforce- in the unlawful manufacture,distribution,dispensing, posses-
ment, or other appropriate agency; sion, or use of a controlled substance in conducting any
(g)Making a good faith effort to continue to maintain a drug- activity with the grant;and
free workplace through implementation of paragraphs(a), (b), B. If convicted of a criminal drug offense resulting from a
(c), (d), (e),and (f). violation occurring during the conduct of any grant activity, I
B.The grantee may insert in the space provided below the will report the conviction, in writing,within 10 calendar days
site(s)for the performance of work done in connection with of the conviction,to: Department of Justice, Office of Justice
the specific grant: Programs,ATTN: Control Desk, 810 Seventh Street NW.,
Place of Performance(Street address,city,county,state,zip Washington, DC 20531.
code)
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:
C 14,1 aF G(, crti
Q b , &oA (Z30f (21 1f, Qut,.s� � fie , ���e , M/
2.Application Number and/or Project Name 3. Grantee IRS/Vendor Number
��- G o E- q21��- � �3 � 5a93
4.Typed Name and Title of Authorized Representative
� (���-�� /Y1, /f1� LR�t �� ��►� cOtkF JF P(JL-r c.L
5.Signature 6. Date
*U.S.Government Printing Office:1996- 405-037/40014
SPECIAL CONDITIONS
Subgrant:16-G08-92172 Obtain Conducted Elec Weapons City City of Bozeman
Bozeman PD
1 . If your agency receives$750,000.00 or more in federal assistance from all sources during the fiscal year, you are
required to have an audit conducted in accordance with Federal Uniform Guidance Title 2 CFR Subpart F (200.500
et seq).
The recipient agrees to comply with the organizational audit requirements of the Federal Uniform Guidance; Audit
of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may
be withheld, or other related requirements may be imposed, if outstanding issues (if any) from the Federal Uniform
Guidance audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further
described in the current edition of the OJP Financial Guide. This audit must be performed in accordance with
GAO's Government Auditing Standards. The audit report must be submitted no later than nine (9) months after
the close of the recipient organization's audited fiscal year.
Electronic copies of an audit report can be sent to MBCC email address at:
http://mbcc.mt.gov/ [ML1]
2 . The subrecipient hereby assures and certifies compliance with all federal statutes, regulations, policies, guidelines
and requirements included in 2 CFR Part 200.
Subrecipient will comply(and will require any subgrantees or contractors to comply)with any applicable federal
nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C.§ 3789d); the Victims of Crime Act(42 U.S.C. § 10604€; the Juvenile Justice and Delinquency Prevention
Act of 2002 (42 U.S.C. § 5672(b); the Civil Rights Act of 1964 (42 U.S.C. §2000d); the Rehabilitation Act of 1973
(29 U.S.C. § 794); the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34); the Education
Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§6101-
07); 28 C.F.R. pt 31 (U.S. Department of Justice Regulations—OJJDP Grant Programs); 28 C.F.R. pt. 42 (U.S.
Department of Justice Regulations— Nondiscrimination; Equal Employment Opportunity; Policies and Procedures);
Ex. Order 13279 (equal protection of the laws for faith-based and community organizations); 28 C.F.R. pt. 38 (U.S.
Department of Justice Regulations— Equal Treatment for Faith-Based Organizations); and Violence Against
Women Reauthorization Act of 2013. In the event a Federal or State court or Federal or State administrative
agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion,
national origin, sex, gender identity, sexual orientation, or disability against a recipient of funds, the recipient will
forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs and the MBCC.
In accordance with federal civil rights laws, the subrecipient shall not retaliate against individuals for taking action
or participating in action to secure rights protected by these laws.
Recipients are required to take reasonable steps to ensure meaningful access to their services to persons who, as
a result of their national origin, are LEP. To help recipients understand and meet this obligation, the DOJ
published "Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National
Origin Discrimination Affecting Limited English Proficient Persons", which can be found at 67 Fed. Reg. 41455
(June 18, 2002) or at www.lep.gov (LEP Guidance). [ML2]
3 . Subgrantee must obtain competitive bids for equipment and awards should be let to the lowest bidder. For
equipment costing more than $5,000.00, bids must be written and copies submitted with quarterly financial reports.
If other than the lowest bid is accepted, a full justification must be submitted to the Board of Crime Control. [ML6]
4 . Grant funds cannot be used to purchase equipment that is not specified in the approved budget or without specific
prior approval by the Montana Board of Crime Control (MBCC). Title to all equipment purchased under this
subgrant will be retained by the subgrantee providing that the equipment is used to continue the program or for
criminal justice purposes. Title to equipment used for any other purpose shall revert to MBCC. Invoices or other
documents, with serial numbers, that support expenditures for equipment must be submitted to MBCC with the
expenditure report. Equipment purchased with grant funds must be identified and incorporated into an inventory
system. [ML7]
5 . This grant award is conditional upon availability of government funds and may be reduced at anytime due to budget
reductions. [ML10]
6 . Award of this grant does not commit the Board of Crime Control to future funding. [ML11]
SPECIAL CONDITIONS
Subgrant:16-G08-92172 Obtain Conducted Elec Weapons City City of Bozeman
Bozeman PD
7 . The maximum rate for consultants is $650.00 (excluding travel and subsistence costs) for an eight(8) hour day.
An 8-hour day may include preparation, evaluation and travel time in addition to the time required for actual
performance. Prior approval is required by MBCC for a rate exceeding $650 or$81.25 per hour. [ML16]
8 . The subrecipient agrees that all income generated as a direct result of this award shall be deemed program
income. All program income must be accounted for and used for the purposes under the conditions applicable and
must be used to further the objectives of the program or deducted from the total project costs for the purpose of
determining the federal share of costs. Further, the use of program income must be shown on the quarterly
Financial Status Reports. [ML19]
9 . Quarterly progress, financial, narrative and statistical reports, in a format required by MBCC are required for
calendar quarters ending: September 30, December 31, March 31, and June 30. These reports are to be received
by the Montana Board of Crime Control within 10 days following the end of the calendar quarter. Subgrantees who
fail to submit reports by the due date will be subject to the following:
FIRST LATE REPORT: Subgrantee will be notified to cease all expenditures of grant funds until the reports are
submitted.
SECOND LATE REPORT: The grant will be cancelled. The project director must appear before the Application
Review Committee and petition to get the grant reinstated. [ML26]
10 Consultant services provided by consultants employed with profit, nonprofit, and not-for-profit organizations are
subject to competitive bidding procedures. Contracted services provided by other types of organizations may also
have restrictions. Please check with Crime Control staff prior to committing grant funds. [ML28]
11 Subgrantee may be required to appear before a subcommittee, at the Board's discretion, to explain their progress
towards successful implementation of the grant. Should grant problems or deficiencies be detected, the
subcommittee is authorized to initiate corrective actions. [ML34]
12 Any funds not properly obligated during the grant period shall lapse and revert to the Montana Board of Crime
Control. [ML40]
13 The grantee shall submit one copy of all proposed publications resulting from this agreement to the Montana Board
of Crime Control. Any publications (written, visual, or sound), printed with these funds shall contain the following
statement.
This project was supported by Grant No. awarded by the Montana Board of Crime Control (MBCC)
through the Office of Justice Programs, US Department of Justice. Points of view in this document are those of the
author and do not necessarily represent the official position or policies of the US Department of Justice.
All media, press releases and public presentations must acknowledge funding through Montana Board of Crime
Control. [ML45]
14 The subgrantee agrees to comply with the National Environmental Policy Act(NEPA) and other related federal
environmental impact requirements in the use of these grant funds either directly or indirectly by sub-contractors.
[ML49]
15 Mitigation of Health, Safety, and Environmental Risks
1. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of
clandestine methamphetamine laboratories;
2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law
enforcement officials and all other personnel assigned to either the seizure or closure of clandestine
methamphetamine laboratories;
3. As determined by their specific duties, equip the personnel with OSHA required protective ware and other
required safety equipment;
4. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed
laboratory;
5. Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment, and
contaminated materials and wastes from the site(s) of each seized laboratory;
SPECIAL CONDITIONS
Subgrant:16-G08-92172 Obtain Conducted Elec Weapons City City of Bozeman
Bozeman PD
6. Dispose of the chemicals, equipment and contaminated materials and wastes at properly licensed disposal
facilities or, when allowable, at properly licensed recycling facilities;
7. Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6, immediately above in
order to ensure proper compliance;
8. Have in place and implement a written agreement with the responsible State environmental agency. The
agreement must provide that the responsible State environmental agency agrees to (i) timely evaluate the
environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordinate with the
responsible party, property owner, or others to ensure that any residual contamination is remediated, if determined
necessary by the State environmental agency, and in accordance with existing state and federal requirements; and
9. Have in place and implement a written agreement with the responsible state or local service agencies to
properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate
response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take
the minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to
arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv)
arrange for any follow-up medical tests, examinations or health care made necessary as a result of
methamphetamine toxicity. [ML52]
16 COMMENCEMENT WITHIN 60 DAYS. If a project is not operational within 60 days of the original start date of the
award period, the subgrantee must report by letter to MBCC the steps taken to initiate the project, the reasons for
delay, and the expected start date.
OPERATIONAL WITHIN 90 DAYS: If a project is not operational within 90 days of the original start date of the
award period, the subgrantee must submit a second statement to MBCC explaining the implementation delay.
Upon receipt of the 90-day letter MBCC may cancel the project. MBCC may also, where extenuating
circumstances warrant, extend the implementation date of the project past the 90-day period. When this occurs,
the appropriate subgrantee files and records must so note the extension. [ML60]
17 The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent,
contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under
the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients.
Potential fraud, waste, abuse, or misconduct should be reported to the OIG by—
Mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mail: oig.hotline@usdoj.gov
hotline: (contact information in English and Spanish): (800) 869-4499
or hotline fax: (202) 616-9881
Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.
(1)Recipient has determined that no other entity the application proposes may or will receive funds (whether
through a subaward, contract, or subcontract) 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) has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
(b) certifies that, if it learns or is notified that any recipient, contractor, or subcontractor entitiy 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 agency making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency. [ML70]
SPECIAL CONDITIONS
Subgrant:16-G08-92172 Obtain Conducted Elec Weapons City City of Bozeman
Bozeman PD
18 Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed.
Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce
policies banning employees from text messaging while driving any vehicle during the course of performing work
funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other
outreach to decrease crashes caused by distracted drivers. [ML76]
19 The subgrantee understands and agrees that any training or training materials developed or delivered with funding
provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at http://www.ojp.gov/funding/ojptrainingguidingprinciples.htm [ML78]
20 The subrecipient understands and agrees that misuse of award funds may result in a range of penalties, including
suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies
provided under an award, and civil and/or criminal penalties. [ML81]
21 Bulletproof vests 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. In addition, bulletproof vests purchased with JAG funds must be
American-made. The latest NIJ standard information can be found here: httpHwww.nij.gov/topics/technology/body-
armor/safety-initiative.htm. [ML85]
22 For subgrantees using JAG funds to purchase bulletproof vests: The subgrantee 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. This policy must be in place for at least all uniformed officers before any JAG funding can be
used by the agency for bulletproof vests. There are no requirements regarding the nature of the policy other than it
being a mandatory wear policy for all uniformed officers on duty. [ML86]
23 The subgrantee shall report accurate and timely crime data in accordance with the Montana Board of Crime
Control's Crime Reporting Policy(S-02). [ML87]
24 Subgrantee agrees to comply with applicable requirements regarding registration with the System for Award
Management(SAM) (or with a successor government-wide system officially designated by OMB, OJP, and/or
OVW). Subgrantee agrees to obtain a Dun & Bradstreet (DUNS) number and to maintain a current registration.
The details of subgrantee obligations are posted on the Office of Justice Programs web site at
http://www.ojp.gov/funding/sam.htm or the Office of Violence Against Women web site at
http://www.ovw.usdoj.gov/docs/sam-award-term.pdf [ML89]
25 The subgrantee understands and agrees that- (a) No award funds may be used to maintain or establish a
computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b)
Nothing in subsection (a) limits the use of funds necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. [ML92]
26 The subgrantee agrees to comply with the provisions of 42 U.S.C. 13925(b)(2), nondisclosure of confidential or
private information, which includes creating and maintaining documentation of compliance, such as policies and
procedures for release of victim information. [ML97]
27 Montana Board of Crime Control is responsible for the oversight and monitoring of your subgrant award in
accordance with all applicable statutes, regulations, and guidelines. As a subrecipient, you are required to direct all
questions concerning your subgrant or requests for changes to MBCC. Do not contact the office of the federal
grantor. [ML98]
28 The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of
the Office of Justice Programs (OJP) Financial Guide.
The recipient agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Dept of Justice. [ML106]
29 The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal
funds other than this award, and those award funds have been, are being used, in whole or in part, for one or more
of the identical cost items for which funds are being provided under this award, the recipient will promptly notify, in
writing, the MBCC grant manager to eliminate any inappropriate duplication of funding. [ML108]
SPECIAL CONDITIONS
Subgrant:16-G08-92172 Obtain Conducted Elec Weapons City City of Bozeman
Bozeman PD
30 The subgrantee agrees that funds will be used to supplement, not supplant, non-federal funds that would otherwise
be available for the activities under this grant. [ML110]
31 The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the"Equal Treatment Regulation"). The
Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be
used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients
of direct grants may still engage in inherently religious activities, but such activities must be separate in time or
place from the Department of Justice funded program, and participation in such activities by individuals receiving
services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear
that organizations participating in programs directly funded by the Department of Justice are not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion. [ML112]
32 Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government without the
express prior written approval of MBCC, in order to avoid violation of 18 USC § 1913. The recipient may, however,
use federal funds to collaborate with and provide information to federal, state, local, tribal and territorial public
officials and agencies to develop and implement policies and develop and promote state, local, or tribal legislation
or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking
(as those terms are defined in 42 USC 13925(a))when such collaboration and provision of information is
consistent with the activities otherwise authorized under this grant program. [ML111]
33 Subrecipient agrees to review the Civil Rights Training every new grant cycle. At a minimum, this training must be
completed and certified by the Project Director and made available for review to every subrecipient staff that
provides services, is involved in grant activity or utilizes funds under this funding stream. Civil Rights Training is
available on MBCC's website: http://mbcc.mt.gov/Funding/Training-Technical-Assistance. Return signed
certification form with signed award packet. [ML127]
34 The subrecipient understands and agrees that award funds may not be used to discriminate against or denigrate
the religious or moral beliefs of students who participate in programs for which financial assistance is provided from
those funds, or of the parents or legal guardians of such students. [ML128]
35 Grant funds may be used only for the purposes in the recipient's approved application. The recipient shall not
undertake any work or activities that are not described in the grant application. [ML129]
36 The Subgrantee/Recipient is the employer of any worker hired under this contract and, as such, agrees to fully
comply with the Patient Protection and Affordable Care Act Affordable Care Act). Compliance with the Affordable
Care Act requires Subgrantee/Recipient to provide healthcare coverage for its employees who work 30 hours a
week or more and their dependents under the age of 26, and provide coverage that meets the minimum essential
coverage, minimum value, and affordability requirements, according to the ACA. Subgrantee/Recipient is required
to provide documentation of healthcare coverage to MBCC. [ML130]
37 The subreciepient must collect, maintain, and provide to MBCC, data that measures performance and
effectiveness of activities under this award, in the manner, and within the timeframes, specified in the program
solicitation, or as otherwise specified by MBCC, OJP and/or OM [ML135]
38 The subrecipient must comply with all applicable requirements for authorization of any subaward. This condition
applies to agreements that--for purposes of federal grants administrative requirements--OJP considers a
"subaward" (and therefore does not consider a procurement"contract"). The details of the requirement for
authorization of any subaward are posted on the OJP web site at
http://ojp.gov/funding/Explore/SubawardAuthorization.htm. (Award condition: All subawards must have specific
federal authorization), and are incorporated by reference here. [ML142]
39 The subrecipient 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, 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/ProhibitedConduct-Trafficking.htm (Award
condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting
SPECIAL CONDITIONS
Subgrant:16-G08-92172 Obtain Conducted Elec Weapons City City of Bozeman
Bozeman PD
requirements and OJP authority to terminate award)), and are incorporated by reference here. [ML143]
40 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 Appropriation Act, 2016, are set out at http://ojp.gov/funding/Explore/FY2016-
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 subrecipient)would or
might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and
may not proceed without the express prior written approval of OJP. [ML144]
41 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. [ML145]
I, as authorized representative of the above grantee agency, hereby signify acceptance of the above
special E
ditions.
D.ewi s Ttiy&r Date
,ij�►, City Manager
O p
Civil Rights Training Certification
� Q�I
� C o;
Agency: City of Bozeman
Project Title: Obtain Conducted Elec Weapons
Grant #: 16-G08-92172
Project Director: Richard McLane
Designated Civil Rights Person: Bethany Jorgenson
As required by the U. S. Dept. of Justice, Office of Civil Rights and
as a condition of the grant through the Montana Board of Crime
Control, I acknowledge that I have viewed the Board of Crime
Control's presentation on Civil Rights. I accept responsibility for
ensuring project staff understands their responsibilities as outlined in
the presentation. I understand if I have any questions about the
material presented and my responsibilities as a Grantee, I will
contact ;ame:
Pro ana er at t Board of Crime Control.
Signatu
Printed Richard M. Mane
Date: 07/24/17
Once you have viewed the presentation, fill out this form, print and
sign a copy to be included in the signed award packet and return to
MBCC.
MT Board of Crime Control Main Office (406)444-3604
5 S Last Chance Gulch Fax(406)444-4722
PO Box 201408 Helena, MT 59620 TTY(406)444-7099
CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
Please read carefully the Instructions(see below)and then complete Section A or Section B or Section C, not all three.
Recipient's Name: City of Bozeman DUNS Number:083705293
Address:P.O.Box 1230,121 N.Rouse Avenue,Bozeman,MT 59771
Grant Title:Obtain Conducted Elec Weapons I Grant Number:16-G08-92172 Award Amount:$6,200
Name and Title of Contact Person:Richard M.McLane
Tele hone Number:406-582-2013 1 E-Mail Address:rmclane@bozeman.net
Section A—Declaration Claiming Complete Exemption from the EEOP Requirement
Please check all the following boxes that apply.
❑Recipient has less than fifty employees. ❑Recipient is an Indian tribe. ❑Recipient is a medical institution.
❑Recipient is a nonprofit organization. ❑Recipient is an educational institution. d Recipient is receiving an award less than$25,000.
j� Richard M.McLane [responsible official],
Certify that City of Bozeman [recipient] is
not required to prepare an EEOP for the reason(s)checked above, pursuant to 28 C.F.R§42.302.
I further certify that City of Bozeman [recipient]
will comply with applicable federal civil rights 1 s ibitAiscri9ffiation in employment and in the delivery of
services.
Richard M.McLane,Deputy Chief of Police IF_a��/77
Print or Type Name and Title Signature Date
Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying
That an EEOP Is on File for Review
If a recipient agency has fifty or more employees and is receiving a single award or subaward of$25,000 or more, but less than$500,000, then the
recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following(42 C.F.R.§42.305):
I, [responsible official],
certify that [recipient],
which has fifty or more employees and is receiving a single award or subaward for $25,000 or more, but less than
$500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last
twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable
federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for
Civil Rights,Office of Justice Programs,U.S. Department of Justice. The EEOP is on file at the following office:
[organization],
[address].
Print or Type Name and Title Signature Date
Section C Declaration Stating that an EEOP Utilization Report Has Been Submitted to the Office for
Civil Rights for Review
If a recipient agency has fifty or more employees and is receiving a single award or subaward of$500,000 or more, then the recipient agency must
send an EEOP Utilization Report to the OCR for review.
I, [responsible official],
certify that [recipient],
which has fifty or more employees and is receiving a single award of$500,000 or more, has formulated an EEOP in
accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the
Office for Civil Rights,Office of Justice Programs,U.S.Department of Justice.
Print or Type Name and Title Signature Date
OMB Approval No. 1121-0340 Expiration Date:05/31/14