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Home My WebLink AboutAgreement A-16-680 with DOJ.pdfu.s. Deplrtment of Iumce Office of Iuaticc: Programs Na tion al Institute of Justice I. llECIPIENl' NAME AND ADDRESS (IDcllldios Zip Code) FreaK~ Couacy Sberilf~ 2200 FreaK~ Srzect v-,~')}"n\ 2a. GRANTEE lllSIVENOOil NO. 946001512 2b. GRANTEE DUNS NO. 3.PROJECT~ FY 2016 DNA c.p.cily EllhMiccmart 111111 s.cklos llcdloctioa l'roplm • F...., Couacy Sllcrift'1 Office Fore~~~ic Uobonlory 12. SPECIAL cqNDmONS Grant 8. SUPPLEMENT NUMBER 00 !1. PIU!VIOUS AW AllD AMOUNT 10. AMOUNT OF THIS AW AllD II . TOTAL AWARD Agreement No. 16-680 PAGE I OF IS TO 12131/2018 TO 12131/2018 so S20S,465 $205,465 • 11fE ABOVE GRANT PROJECT IS APPROVED s'usmCT TO SUCH CONDmONS Oil UMITA TIONS AS ARE SET FORni 9N 11fl!:ATI'ACHED PAGB(S). · \l. ~Awrok"f A'll'n\CikiT"t 'PO'k OkAW1 'l1liJ project Ia oupparllld UDder FYI6(ND • s.tLLEA DNA/Oiber Fom.ic:a) Pub. L. No. 114-113, 12!1 Slllt 2242, 2308; 28 USC 530C 14. CATALOG OF DOMESTIC FI!DERALASSISTANCE (CFDA Number) 16.741-DNA Bacldos llccluctioal'lvpam IS. METHOD OF PAYMENT GPilS 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL KMol Vqinia Muon Alsmct Auomey 0eoera1 17. SIGNATURE OF APPROVING OFFICIAL 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REO . SUB . POMS X B DN 60 00 00 205465 OJP FORM 400012 (REV. S-87) PREVIOUS EDmONS ARE OBSOLETE. OJP FORM 400012 (REV. 4-88) II. TYPED NAME AND TITLE OF AUTHOIUZED GRANTEE OFFICIAL Ernest Mendes Chlii"'IWW 1!1. SIGNATURE OF AUTH OIUZED RECIPIENT OFFICIAL ONLY 19A.DATE ----~ ----~ --------- 21. llDNSGT0068 ATTEST : BERNICE E . SEIDE L , Clerk Boa rd of S uperv iso rs By 9w-SA.;n ~sb 9'f? Deputy U.S.~entofJustice Office of Justice Programs National Institute of Justice PROJECT NUMBER 2016-DN-BX-0024 AWARD CONTINUATION SHEET Grant AWARD DATE 0812612016 SPECIAL CONDmONS I. Applicability of Plrt 200 Uniform Requirements PAGE 2 OF 15 The Uniform Administrative Rcquiremenll, Cost Pri nciples, and Audi t Requirements in 2 C.F.R. Plrt 200, as 8dopted and supplcmeuted by the Department of Justice (DO}) in 2 C.F.R. Part 2800 (together, the "Pirt 200 Uniform Requirements") apply to this 20 16 award from the Office of Justice Programs (OJP). The Plrt 200 Uniform Requirements were first adopted by DOJ on December 26, 2014 . If this 20 16 award supplements fimds previously awarded by OJP under the same award number (e.g., fimds awarded in 2014 or earlier '1eull), tb Pert200 UuiWm.lJe~¥•in:menl• 899l'1 Wh.~tsl aU timd.llllldcrtbal.e.1Q.td.Uillllbet (~ll£tb award date, and regardleaa of whether derived from the initial award or a supplemental award) that are obligated on or after the ac:ccptancc date of this 2016 award . For more information and resoun:ea on the Part 200 Uniform Requirements as they relate to OJP awards and aubawards ("aubgnmts"), see the Office of Justice Programs (OJP) website at http://oj p.gov/fimding!Part200UniformRequirements.htm . In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflic:t with, or differ in IOillC 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 com ply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently, the "201 S DOJ Grants Financial Guide"), including any updated venion that may be posted during the period of performance . 3. Re qu ired training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the reci pient's acc eptance of the awllrd. Successful completion of such a training on or after January I, 201S, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have success fu lly completed an "OJP financial management and grant administration training" by 120 calendar days after--(I) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in OMS (in the case of a new FPOC). Successful com pletion of BUCh a training on or after January 1, 20 IS , will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at http ://www.ojp .gov/training/fmts .htm. All trainings that satisfy this condition includ e a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds jf the recipient fails to compl y with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. OJP FORM <400012 (REV, 4-88) U.S . Department of Justi ce Office of Justice Programs Nadonal Insdtute of Jusdce PROJECT NUMBER 2016-DN-BX-0024 AWARD CONTINUATION SHEET Gnm AWARD DATE 08/2612016 SPE CIA L CONDff/ONS 4. Requirements related to "de minimis" indirect cost rate PAGE J OF 15 A rocipicnt that is eligi ble under the Part 200 UnifomJ Requirements and other applicable law to use the "de minimis" indirect cost rate dctcribed in 2 C.F.R. 200.414(f), and that elects to WIC the "de minimis" indirect cost rate, must advise OJP in writina of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct COlli (MTDC) as defined by the Part 200 Uniform Requi remcnta. S. ~uirement to report potentially duplicative fimdiq If the recipient currently bas other active awards of federal funds, or if the recipient receives any other award of fedenl 1\mds durina the period ofperfonnancc fo r this award, the recipient promptly must dctemrine whether 1\mds from any ofthoee other fedcnl awards have been, are bein& or are to be used (in whole or in pert) for one or more of the identical cost items for which 1\mds are provided under this award. If 10, the recipient must promptly notify the DOJ awarding aaency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by DOJ awardin& qency, must seelc a bud&et-modification or chan&e-<Jf·{lfOiect~ pnt adiustment notice (OAN) to eliminlte any iuppropriate duplication of fimdina . 6. Requirements related to System fo r Award Management and Unique Entity ldentifien The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at http ://www.sam.gov. This includes applicable requirements reaarding 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"), includ ing restrictions on subawards to entities that do not acquire and provide (to the reci pient) the unique entity identifier required for SAM registration . The details of the recipi ent's obligations related to SAM and to unique entity identifiera are posted on the OJP web site at http ://ojp.gov/fun ding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Univeraal 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). 7. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -for purposes of federal grants administrative requirements-OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at http ://oj p.gov/funding/Explore/SubawardAuthorization .htm (A ward condition: A ward Condition : All subawards ("sub grants") must have specifiC federal authorization), and are incorporated by reference here. OJP FORM 400012 (REV. 4-88) U.S. Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBER 2016-0N-BX-0024 AWARD CONTINUATION SHEET Gnat AWARDDATB 0&'2612016 SPECIAL CONDITIONS PAOB 4 OF IS 8. Specific pott-award approval required to use a noncompetitive 8ppi'OIICh in any procurement contract that would exceed $150,000 The recipient, aDd any IIUbrccipient ("lllbgrantee") at any tier, muat comply with all applicable requirements to obtain apccific advance approval to use a noncompetitive approach in any proc:urcmcnt contract that would exceed the Simplified Acquisition Threshold (currently, S 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 S'IJ'opud). 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 htlp://ojp.gov/funding/Ellplore/NoncompetitivcProcurcment.htm (Award condition: Specific pott-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed S I 50,000)), and are incorporated by reference here. 9. Requirements pertaining to {li'Ohibited conduct related to trafficking in \)CfSOilS (.including reporting rco.uirements and OJP authority to terminate award) The recipient, aDd any subrecipient ("111bgrantee") at any tier, muat comply with all applicable requirement~ (including requiremcntl to report allegations) pertaining to prohibited conduct related to the trafficking of pcnona, whether on the put of recipients, subrccipients ("subgrantees"), or individuals defined (for purposes of this condition) u "employees" of the recipient or of any 111brccipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in pcr10ns are posted on the OJP web site at http ://ojp.gov/funding!Explore/ProhibitcdConduct-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 . I 0. Compliance with applicable rules regarding approval , planning, and reporting of confcrcnccs , meetings, trainings , and other events Tbc recipient, and any subrecipient ("subgrantcc") at any ti er, must comply with all applicable laws, regulations , policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences , and costs of attendance at such confcrcnccs . Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, u section 3.1 0 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide"). 11. Requirement for data on performance and effectivenes s under the award Tbc recipient must collect and maintain data that measure the performance and effectiveness of activities under this award. Tbc data must be provided to OJP in the manner (including within the timeframcs) 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 . 12. OJP Training Guiding Principles Any training or training materials that the recipient-or any subrccipient ("subgrantcc ") at any tier-develops or delivers with OJP award funds muat adhere to the OJP Training Guiding Principles for Grantees and Subgrantccs, available at http ://ojp.gov/funding/ojptrainingguidingprinc iples .htm . OJP FORM 400012 (REV. 4-88) U.S. Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBEll 2016-DN-BX-0024 AWARD CONTINUATION SHEET Grant AWAIIDDATE OS/2612016 SPECIAL CONDmONS 13. Effect of failure to addrcls audit issues PAGE S OF IS The recipient UDdcrstanda and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient doel not satiafectorily and promptly address outatanding isaUC8 from audita required by the Part 200 Uniform Requircmentl (or by the term1 of this award), or other outltanding iuues that arise in c:onnection with audits, inveatiptions, or reviewa ofDOJ awanls . 14. The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- rilk" for ptupOICI of the DOJ high-rilk grantee list. IS . ~Iiance with DOl regulatiooa pertaining to civil rights and nondiscrimination-28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantce ") at any tier, must comply with all applicable requirementa of28 C.F.R. Part 42, S{ICCifically including any ll{!{llicable req)lirements in Sub{lart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 16. Compliance with DOJ regulatiooa pertaining to civil righta and nondiacrimination-28 C.F.R. Part 38 The recipient, and any subrccipient ("subgrantce") 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 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations . The text of the regulation, now entitled "Par1nerships with Faith-Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (cUI1'CJitly accessible at http ://www .ecfr.gov/cgi- biniECFR?pagec"browse), by browsing to Title 28-Judicial Administration, Chapter I, Part 38 , under e-CFR "current" data. 17. 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 . 01P FORM 400012 (REV. 4-38) U.S.~entofJustice Office of J111tice Prognmw National Institute of Justice PllOIECTNUMBBll 20l~N-BX-0024 AWARD CONTINUATION SHEET Grant AWAIIDDATE 0112612016 SPECIAL CONDITIONS 18. ComplilllCC with geueral appropriatiooa-law reatrictions on the use of federal fundi (FY 20 16) PAGE 6 OF 15 The recipient, and my subrecipicut ("IAJbsnmtee") at my tier, must comply with all applicable reatrictions on the use of federal fundi set out in federal appropriations statutes. Pertinent restrictions, including &om Vlrio111 "geaeral provisions" in the Consolidated Appropriations Act, 2016, en: set out at http://ojp .gov/fimdiD&fExploreiFY2016- AppropriationsLawRcstrictions.htm, and en: incorporated by reference here . Should a question ari1e as to wbetber a particular use of federal funds by a recipient (or alllbrecipient) would or might fall within the acope of 1111 appropriations-law reatriction, the recipient ia to contact OJP for guidance, and may not proceed without the expreaa prior written approval of OJP. 19. Reporting Potential Fraud, Waate, and Abuae, and Similar Miaconduct The recipient and my subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (<XG}tA'J~~t.l!a.t .. ~.~~.~~~.~.o:s~~ bas, in connection with funds UDder thia award -(I) submitted a claim that violates the False Claims Act; or (2) committed a crimillal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar miaconduct Potential ftaud, waate, abuse, or misconduct involving or relating to funda under this award should be reported to the 010 by-(1) mail directed to : Office of the Inspector General, U.S. Department of Justice, Investigations Division, 9SO PennayiVIIIIia Avenue, N.W. Room4706, Washington, DC 20530; (2) e-mail to: oig.hotline@uadoj.gov; and/or (3) the DOJ 010 hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ 010 website at http ://www .usdoj.gov/oig. OJP FOitM 400012 (REV. 4-U) U.S . Dcpartmc:nt of Justice Office of Justice Programs Nadooal Insdtute of Juldc:e PROJECT NUMBBll 2016-DN-BX-0024 AWARD CONTINUATIO N SHEET Grant AWAltDDATE 01112612016 SPECIAL CONDmONS 20. Restrictions and cenifications regarding non-disclosure agrccmcnta and related matters PAGE 7 OF 15 No rocipient or subrccipient ("subgrantec") under this award, or entity that receives a proc:urcmcnt contract or subcontract with any fimds under this award, may require any employee or contractor to sign an internal confidentiality qrcemcnt or statement that prohibita or othcrwiiC restricts, or purports to prohibit or reltrict. the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law cnforccment rcprcscntati ve of a federal dcputmcnt 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 rcquircmcnta applicable to Standard Fonn 312 (which relates to classified information), Form 4414 (which relates to ICIIIitive complltmcuted information), or any other form i11ucd by a federal department or qency govemini the nondisclosure of classified information. 1. In acceptiq th is awud, the rocipicnt- a. rcprcaenta that it neither requires nor hu required internal confidentiality agrccmcuta or atatementa fro m employcca or CODtracton that cWTelltly prohibit or othcrwilc currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse u described above; and b. certifies that, if it learns or is notified that it is or hu been requiring ita employees or contractors to execute qreemcnta or statements that prohibit or otherwise restrict (or purport to prohibit or rcsttict), reporting of waste, fraud, or abuse u 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 docs or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both- .. it rcprcscnts that- (1) it hu determined that no other entity that the rec ipient's application proposes may or will receive award fimds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agrccmcnta or statements from employees or contractors that currently prohibit or otherwise currently restrict (or pmport to prohibit or restrict) employees or contractors from reporting waste , fraud, or abuse u 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 aubrccipicnt, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contracton to execute agreemcnta or statcmenta that prohibit or othcrwiac restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse u described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt writtcu notification to the fcdcral agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORM <400012 (REV. 4-18) £13M U.S.~tof~ Office of Jllltice Programs National Institute of Justice PROJECT NtJMBEil 2016-DN-BX-4024 AWARD CONTINUATION SHEET Gnmt AWARD DATE 0812612016 SPECIAL CONDmONS 21. Compliance with 41 U.S.C. 4712 (including prohibiti0111 on reprisal; notice to employees) PAGI! 8 OF IS The recipient must comply with, and iJ subject to, all applicable provili0111 of 41 U.S .C. 4712, including all applicable provision~ that prohibit, UDder specified circumstances, discrimination apinat m employcc u reprisal for the aJ11loycc's disclolurc 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 mlllt inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies UDder 41 U.S.C. 4712. Sbould a question ariac 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. Pursuant to Executive Order 13SI3, "Federal Lcadenhip on Reducing Te~tt Mcaaging While Driving," 74 Fed. Reg. SI22S (October I, 2009), DOl cncouragcs recipients and aubrccipicntl ("subgrantecs") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by thiJ award, and to establish workplace safety policies and CODduct education, awareness, and other outreach to dccrcase aashes cauacd by distlw:ted driven. 23. The recipient agrees to cooperate with any assessments , national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information mruircd for the asiiCSSIJICilt or evaluation of any activities within thiJ project. 24. The recipient acknowledges that the Office of Jllltice Programs (OJP) reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise usc , md authorize others to usc (in whole or in part, including in connection with derivative worb), for Federal purposes : (I) my work subject to copyright developed under an award or subaward ; and (2) any rights of copyright to which a recipient or subrccipient pW'Chases ownership with Federal support. The recipient aclmowlcdgcs that OJP has the right to (I) obtain , reproduce, publish, or othcrwiac usc the data first produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise usc such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision S2.227- 14 (Rights in Data -General). It is the responsibility of the recipient (and of each subrecipient, if applicable) to ensure that thiJ condition is included in any subaward under this award . The recipient has the responsibility to obtain from subrecipicnts, contractors, and subcontractors (if any) all rights and data ncccssary 10 fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agrccmcnt in question without further authorization from the OJP program office . OJP FORM 4000/l (REV. 4-88) U.S. Deputmcnt of Justice Office of Juatice Programs National IDJtitute of Justice PR.OJECT NUMBER 2016-DN-BX.QI2.4 AWARD CONTINUATION SHEET Grant AWAltDDATE 0112612016 SPECML CONDITIONS PAOE 9 OF U lS. -r~..-w.~~--ud~~\'115~\M.NU\'115.-~'fli.\1\~~~~ (including those prepared far c:oaferenccs and other prescntati0111) raulting from this award, prior to or simultaneous with their public relellc. NU defines publications 11 any written, visual or IOIIIId material subltantively bucd 011 the project, formally prepared by the award recipient for diaemination to the public:. Submiaaioo of publications prior to or simultaneous with their public: rcleue aids NU in rclpOIIdiq to any inquiries that may arise. Any public:atioaa - excluding pre11 releuea and newsletters -whether publisbed at the recipient's or government's expense, shall contain the following statement: "This project wu supported by Award No. awarded by the NatiOIUII Institute of Juatic:e, Office of Justice Programs, U.S. Department of Ju&tite. The opinioDI, findings, and c:onc:lusiOOJ or rec:ommcodation expreaed in this publication/program/exhibition ue those of the mthor(s) and do not nec:eaurily reflect those of the Department of Justice." This statement shill appear on the fust page of written publications. For mdio and video publications, it shill be included immediately after the title of the publication in the audio or video file. 26. The recipient shill tranamit to the NU program JD11D880f copies of all offic:iaJ award-related pre11 releuea at leut ten (10) working days prior to public release. Advance notice permits time for coordination of releue of information by NU where appropriate and to respond to press or public inquiries. 27. Pursuant to 28 C.F.R. Part 18, OJP may lllllpeDd or terminate funding under this award before the completion of the ~ect fUnded by this award, for the recipient's failure to comply with these special conditions or with the project's goa, plans and methodology set forth in the approved applicatioo. In the case of suspension, the recipient will be unable to draw down funds until OJP determines that the recipient is in c:omplianc:e . 28 . The recipient and any subrec:ipienta must comply with all applicable federal laws and regulations, includina those identified in the forms entitled "Standard AssllllllCes" and the "Certifications R.eprdina Lobbying; Debarment and SlllpeJllion and Other Responsibility Matters and Drug-Free Workplace Requirements, • currently posted at http://ojp.gov/fimdins/Apply/Forms.htm. 29. Approval of this award does not indicate approval of any consultant rate in excess of$650 per day. A detailed justification muat be submitted to and approved by the Office of Justice Programs (OJP) program office prior to obliption or expenditure of such fimds . 30 . The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier 1ubrccipients of award fimds . Such data will be submitted to the FF ATA Subaward Reporting System (FSRS). The details of recipient obliptions, which derive from the Federal Fundiq Ac:c:ountability and Trausparency Act of2006 (FFATA), are posted on the Office of Justice Programs web site at hUp:l/ojp.gov/timding/ExplorciFF AT A.htm (Award condition: Reporting Subawanla and Executive Compenaation), and ue incorporated by reference here. This coodition, and ita reporting requirement, does not apply to grant awarda made to an individual who received the award u 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). 31. The recipient agrees that it will submit quarterly financial status reports to OJP on-line (at hUpS://granta .ojp .uadoj .gov) using the SF 42S Federal Financial Report form (available for viewing at www.whitehouae.gov/omblgnnta/standard_forms/ff_report.pdf), not later than 30 days after the end of each calendar quarter. The final report shill be submitted not later than 90 days following the end of the award period. 32. The recipient shill submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end of the reporting periods, which are June 30 and December 3 I, for the life of the award. These reports will be submitted to the Office of Juatic:e Progrsms, on-line through the Internet at hUpS:I/granta .ojp.usdoj .gov/. OJP FORM 400012 (REV. 4-88) U.S. Depanment of Justice Office of Justice Programs National Institute of Justice PROJECTNUMBER 2016-DN-BX-0024 AWARD CONTINUATION SHEET Grant AWARD DATE UIIIW2016 PAOE 10 OF IS SPECIAL CONDO'IONS 33 . Tbc recipient agrees to 111bmit a final report at the end ofthia award documenting all relevant project activities during the CDtirc period of support 1mdcr thia award. This report will include detailed information about the project( a) fimdcd, includiD& but DOt limited to, infOI'IJWion about how the fimds were ~etuaDy used for e~eh purpose area, data to support ltatemcllll of progrcaa, and data concerning individual rcaulta and outcomes of fuuded projects reflecting project I1ICCCIICI aDd impiCta. Tbc final report ia due no later than 90 days followillg the cl01e of this award period or the expiration of Ill)' cxtelllion periods. Tbia report will be 111bmittcd to the Office of Justice Programs, on-line through the Internet at httpe://gnmta.ojp.llldoj.gov/. 34 . Semiannual performance mcuure data reporting -Forensic DNA casework and capacity enhancement The recipient agrcca to submit applicable pcrfOl'lliiDCC measure data regarding forensic DNA casework and capacity enhancement with ita semiannual progrcaa reports. With rcapcct to IUCh data, the rqMXts should contain: (1) information reprding baseline performance mctrica (for capacity enhancement projects -the average number of days between the submiaion of a request COl' forensic biology/DNA analysis to the 1sboratoty and the dcliVCJY of the test resulta to the requcating agency at the beginning of the award period. and the average number offorcnslc DNA samples malyzcd per analyst/month at the beginning of the award period; for forensic c:ucwork DNA biCklog reduction projects-the number of backlogged forensic biology/DNA CIICiat the bcginniJis of the award period); (2) progrcu performanc:c mctrica (for c:.pec:ity c:nhancemcnt projects -the average number of days between the aubmiuion of a request COl' fOI'CIIIic biology/DNA analysis to the laboratory and the dcliVCJY of the test results to the requeating agency at the end of the reporting period, md the average number of forensic DNA ~~~~~plea malyzcd per analyst/month at the end of the reporting period ; for forensic casework DNA backlog reduction projects-the number ofbiCkloacd forensic biology/DNA cases at the end of the reporting period, the number of forensic biology/DNA casca ma1yzcd during the reporting period using fimds provided under this award, and the number of DNA profiles from forensic analyses entered into COD IS during the reporting period as a result of the fimds provided under thia award); and (3) impact pcrfO!liiiUICC mctrica (for forensic casework DNA biCklog reduction projects -the number of CO DIS hits during the reporting period attributable to the forensic analyses funded under this award). For the purposes of performance mcuurc data reporting, a biCkloggcd forensic biology/DNA case is defined as a forensic biology/DNA case that has not been completed within 30 days of receipt in the laboratory. The recipient shall eniUI'C that all requ ired performance measure data arc collected throughout the award period. OJP FORM 400012 (REV, <4-88 ) U.S. Department of 1Uitice Office of lustice Programs National Institute of Justice PROJECT NUMBER. 2011>-DN-BX-0024 AWARD CONTINUATION SHEET Grant AW~DATE 0812612016 SPECIAL CONDITIONS PAGE II OF IS 3S . Semiannual Performance Measure Data Reporting -DNA database sample analysis and capecity enhancement If the recipient 111e1 award funds for DNA database IIDiple mal.ysia or ClpiiCity enlwlcement, the recipient agrees to 111bmit applicable pcrformaDce measure data with ita semiannual progre11 reports . With respect to such data, the reportlllhould contain: (1) information regarding baselineperfonnanc:e metrics (for DNA database laboratory capacity c:nhancement project~~ -the average number of DNA database IIDiplea analyzed per mtlyst/month at the begiDning of the award period; the average number of days between the submiaion of a DNA database IIDiple to the lahoratory and the upload of the DNA profile to COOlS at the beginning of the award period; for DNA database backlog reduction project~~-the number of backlogged DNA database samples at the beginning of the award period); (2) progress performance metrics (for capacity enhancement projects-the average number of DNA database samples analyzed per ~v~-~-~~~~~~~~-,.~~.ur.·--.~ .. ~h databuc lllllple to the lahoratory and the upload of the profile to COOlS at the end of the reporting period; for DNA databue backlog reduction projects-the number ofbecltlogged DNA database ample& at the end of the reporting period, the number of DNA database IIDiplea analyzed dwing the reporting period using funds from this award, and the number of DNA profiles from DNA database aamplea entered into CODIS during the reporting period as a result of the funds provided UDder this award); and (3) impact perf011J11DCC metrics (for DNA database backlog reduction project~~ - -the number of CO DIS hita during the reporting period resulting from DNA databue profiles developed using funds provided under this award). For the purposes ofperfonnanc:e measure data reportiog, a bacldogged DNA database IIDiple is defined as a DNA database aample that has not been completed within 30 days of receipt in the J.boratoJy. The recipient shaD ensure that aU nquired performance measure data are collected throughout the award period. OJP FORM <100012 (REV. 4-88) U.S. Dcpanment of Juatice Office of Jllltice Programs National Institute of Justice PllOJECT NUMBER 2016-DN-BX.oo24 AWARD CONTINUATION SHEET Grant AWARD DATE 01126/2016 SPECIAL CONDfi'IONS 36. Final perfonJIIIICC measure data reportina PAGE 12 OF I$ The recipient agrees to submit applicable performance measure data with ita final report With respect to data c:onccming fon:Diic DNA activities, the final report should contain: (I) for forc:osic DNA capecity enhancement projects-the average nmnber of days bctwccn the llllbmission of a rcqucat for forensic biology/DNA analysis to the laboratory and the delivery of the test rcsulta to the requesting agency at the end of the project period, and the average nmnber of forensic DNA samples analyzed per analyst/month at the end of the project period; and (2) for forensic cucwork DNA backlog reduction projecta-the number ofbecldoggcd forensic biology/DNA cases at the cod of the project period, the cumulative number of forensic biology/DNA cases analyzed using funds provided under this awanl, the cumulative number ofDNA profiles from forensic anal)'ICI entered into COOlS as a rcsuh of the funds provided UDClc:r thla award, and the cumuWlivc number of CODlS bits anit'butab'lc to forensic !1NJ\ ana}ysca lun4~ un&r thla awanl). For the purpoeca of pcrfomwx:c measure data reporting, a backlogged forensic biology/DNA cue is defined as a forensic biology/DNA cue that hu not been completed within 30 days of receipt in the laboratory. If the recipient usca awl!d funds for DNA databuc sample analysis or capacity enhancement, the recipient also agrees to aubmit ~ppticable pcrfonnaucc measure data with ita final report. With respect to auch data, the final report should contain: (I) for DNA database laboratory capacity enhancement projects-the average nmnber of DNA database samples analyzed per analyst/month at the end of the project period; the average nmnber of days between the aubmiuion of a DNA database sample to the laboratory and the upload of the profile to COOlS at the end of the project period, and (2) for DNA database bKklog reduction projects-the number ofbecldoaged DNA database samples at the end of the project period, the cmnulative number of DNA database samples analyzed using funds provided under this award, the cumulative nmnber of profiles from DNA database samples entered into CO DIS as the result of funds provided under this award, and the cumulative nmnbcr ofCODIS hill resulting from DNA databuc profiles developed using funds provided under this awanl. For the purposes of performance measure data reporting, a backlogged DNA databuc sample is defined as a DNA database sample that has not been completed within 30 days of receipt in the laboratory. The recipient shall ensure that all Rlquircd performance measure data are collected throughout the award period. OJP FORM 400012 (REV. 4-88) U.S. Department of Justice Office of Justice Programs National Institute of lustlce PROJECTNUMBI!Il lOI(H)N-BX-0024 AWARD CONTINUATION SHEE'l' Grant AW AlU> DATE 0112612016 SPECIAL CONDmONS 37. Privacy; quality assurance; CODISINDIS The recipient shall CIIIII!'C that each DNA analysis CODducted and DNA profile generated under this award is maintaiDed pumwtt to all applicable Federal privacy requirements, iDcludillg thoae described in 42 U.S. C. section 14132(b)(3). The recipient sball CIIIII!'C that all formsic DNA analyses conducted with funding under this award are pcrfurmed either (I) by ICCI'Cdited govcmment-owued laboratories, or (2) through accredited fee-for-service vendors. Accreditation must be by a IIOIIpi'Ofit professiooal usociation of periODS IIClively involved in forensic science that is nationally recognized within the forensic science community . The recipient shall ensure that any laboratory that conducts forensic DNA analyses under this award undergoes external audita, not less than once every two years, that demonmate compliance with the Quality Asaunnce Standards for Forensic DNA Testins Laboratories established by the Director of the Federal Bureau of Investigation. The recipient shall CIIIUl'e that all eligible torensic DNA profiles obtained with funding under this award will be entered into the Combined DNA Index System (CODIS),IJIC!, where llpPiicable, uploaded to the National DNA Index System (NDIS). No profiles generated with funding from this award may be entered into any non-governmental databue without prior express written approval from NU . If any govemment-owued forensic laboratory that will receive funding under this award to conduct forensic DNA lll.l]yses is not a member ofNDIS, the laboratory must have a written qreement in place with an NDIS-participating laboratory fur the resulting eligible forensic DNA profiles to be entered into CODIS, and, wbere applicable, uploaded intoNDIS . If the recipient operates a statM!esignated DNA database laboratory, the recipient shall ensure that analyses of DNA database samples and reviews of usociated DNA profiles conducted with funding under this award are performed by a laboratory that (I) is accredited by a nonprofit professional association of persons IIClively involved in formsic science that is nationally recognized within the forensic science community ; and (2) UDdergocs external audits, not less than once every two years, that demonstrate compliance with the requirements of the Quality Assurance Standarda for DNA Databasing Laboratories established by the Director of the Federal BW'esu of Investigation. The recipient shall ensure that any DNA database samples analyzed with funding under this award are analyzed fur all 13 CODIS core STR loci, using commercially available PCR ltits accepted by NDIS . The recipient shall also ensure that aU profiles obtained from DNA database samples with funding from this award are entered into COOlS within 90 days of completion of analysis, and uploaded into NDIS . The recipient agrees to notify Nl1 promptly upon any change in the accreditation status of any of the forensic science laboratories that receive funding under this award, or their participation in NDIS . 38. No research; nonsupplanting of State or local government funds The recipient sbal1 ensure that none of the funds provided under this award are used for research or statistical projects or IIClivities as defined by 28 CFR Part 22 or for research as defined by 28 CFR Part 46 . Any questions concerning this provision should be directed to the Nl1 program manager for the award. The recipient shall ensure that Federal funds made available through this award will not supplant State or local government funds, but instead will be used to increase the amount of funds that would, in the absence of Federal funds, be available from State or local government soW'ces for activities funded through this award. Tbc recipient agrees to notify NU promptly if the recipient rece ives new State or local government fimding for any of the purpoees included in the approved application for this award. OJP FORM 400012 (REV. 4-18) U.S . Oq.rtment of Jllltice Office of Justice Programs National Institute of Justice Pll011!CT N\JMBEil 20 16-DN·BX-0024 AWARD CONTINUATION SHEET Gnnt AWAilDDATI! 0812&2016 SPECIAL CONDmONS PAGI! 14 OF U 39. The recipient agrees 10 notify NU promptly upon any significant reduction in the recipient's estimate of the number of bacldogpd forensic DNA Cllel that will be lllalyzed within twenty-four IIIOirtbl usin& the fimds provided under this filcaJ Yall' 2016 award, move and beyond thole that will be analyzed using fimds from other IOUrCCI. 11 applicable, GlC recipient ~to notity "Nll prompQy upon 1111y signiftc:mt reduction In the rcclplcuts Cltimatc of the number of DNA databuc umples that will be analyzed, or 1110eiated DNA profiles reviewed, within twenty-four months using the ftmds provided under this fiscal Yall' 2016 award, lbove and beyond those that ca be ansly.r.cd or reviewed using fimds from other soun:as. 40. The rccipieDt UDdcratandl and agrees that groea income (revenues) from fccs chlrged for DNA testing servic:CI COilltitula program income (in wbole or in pet), and that program income must be determined, used, and documented in acx:ordance with the provisions of2 C.F.R. 200 .307, including •~pplied to the NU DNA Cap.city Enhancement and Bac:klog Reduction Program by the Dcpctmcnt of Justice (DOJ) Grants Financial Guide, u it may be revised from time to time. The rccipieDt further undcntaDds and agrees that both prognun income camcd during the awud period IUid cxpcDditurcl of such program income must be reported on the quutcrly and final Fcdenl Financial Rcporll (SF 425) and Ire subject 10 audit The recipient Ulldentaudl and agrccs that program income earned during the award period only may be cxpaded only for permillible UICI of funds specifically identified in the solicitation for the NU FY 2016 DNA Capscity Enhancement IDd Backlog Reduction Program. The recipient further undcrstanda and agrccs that prognun income cemcd during the award period may not be used to supplant State or local govcrnmeDt funds, but iDiteld may be used only to incrcuc the amount of fimds that would, in the ablcncc ofFcdcral funds or program income, be availsble from State or local government IIOUl'tcl for the permissible uses of funds lilted in the FY 2016 program solicitation. The recipient tmdcntands 1111d agrees that program income that is earned during the final ninety (90) days of the awud period may, if appropriate, be obligated (• well as expended) for permissible uses during the ninety-day (90-day) period following the end of the award period. The recipient further understands and agrees that any program income eamed during the award period that is not obligated and expended within ninety (90) days of the end of the award period must be returned to OJP. 41. The rccipieDt understands and agrees that. throughout the award period, it must promptly notify NIJ if it either starts or stops charging fccs for DNA testing services, or if it revises its method of allocating fccs received for DNA testing services to program income. Notice must be provided in writing to the NU program manager for the award within ten ( 1 0) busineas days of implementation of the change. 42 . Absent prior exprcas written approval from NU, rates for lillY lodging cbaraed to the award may not exceed the posted GSA rate for the location . (If the recipient opts to obtain lodging at a higher rate, the cost differential, including IIIOciatcd taxes, may not be charged to the award.) OJP FORM 400012 (llEV. 4-88) U.S. Department of Justice Office of Justice Programs National Institute of Justice PllOJECTN\JMBEil 2016-DN-BX-0024 AWARD CONTINUATION SHEET Grant AWARD DATE 08/2612016 SPECIAL CONDn'IONS PAGE U OF U 43. The recipient agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award . Environmental Asaessment (EA): The recipient agrees and understands that funded activities (whether conducted by the recipient or subrecipients or contnlc:tDrs) may require the prepuation of an EA as defined by the Council on Environmental Quality's Regulations for implementing the Procedural Provisions of the National Environmental Policy Act (NEP A). found at 40 CFR Part I SOO. An EA is a concise public document that briefly provides sufficient analysis for determining whether to prepare an environmental impact statement (EIS) or a finding of no significant impact for the proposed activity. If in completing an EA for a proposed activity, potential adverse environmental impacts arc identified, the EA will serve as a vehicle for developing either alternative approaches or mitigation measures for avoidi111 or reducing the identified adverse environmental impacts . Modifications : Throughout the term of this award, the rccipiCDt agrees that for any activity that is the subject of a completed .EA, it will inform NU of-(I) any changc(s) that it is considering making to the previously asscascd activity that may be relevant to environmCDtal impact; or (2) any proposed new activities or cbansed circumstances that may require assessment as to environmental impact, such as new activities that involve the usc of chemicals or involve construction or major renovation. The recipient wilt not implement a proposed change or new activity until NU, with the assistance of the recipient, bas determined whether the proposed change or activity (or changed circumstances) will require additional review under NEPA. Approval for implementation wilt not be unreuonabty withheld as long as any requested modificatioo(s) is consistent with eligible program purposes and found acceptable under an NU-conductcd environmental impact review process. 44. The recipient may not obligate, expend, or draw down any funds until the program office bas verified that the recipient bas submitted all ~ documentation required to comply with the Department of Justice Procedures for lmplcmcnting the National Environmental Policy Act found at 28 CFR Part 61 (including Appendix D), and a Grant Adjustment Notice (GAN) bas been issued removing this condition . 4S . The recipiCDt may not obligate, expend, or draw down any funds until a revised proposal (and any necessary modifications to the budact and budget narrative) bas been received and ~pprovcd by the National Institute of Justice, and a Grant AdjUI1mcnt Notice bas been i1111ed removing this condition. 46. The Project Director and key proJIUII personnel designated in the application abalt be replaced only for compelling rcaons. SucceiiOB to key pcriiOIIIlel must be approved, and such approval is contingent upon submission of appropriate information, includin& but not limited to, a resume. OJP will not unreuonably withhold approval Chanpa in other program periOIIDCI require only notification to OJP and submission of resumes, unless otherwise desipated in the award document OlP FORM 400CV2 (MV. 4-81) 1 2 DNA Backlog Reduction Grant ($205,465) FY 2016-17 3 REVIEWED & RECOMMENDED FOR APPROVAL 4 5 6 7 8 9 10 11 12 13 14 MARGARET MIMS, Sheriff APPROVED AS TO LEGAL FORM: Daniel C. Cederberg, County Counsel B ~~ D uty APPROVED AS TO ACCOUNTING FORM : By: £" ¥-~~ Ernest Buddy Mendes, Chairman, Board of Supervisors ATIEST: BERNICE E . SEIDEL , Clerk Board of Supervisors By ~~ ~ilit?? Deputy 15 16 17 18 19 20 VICKI CROW, Auditor-Controller!Treasurer-Tax Collector 21 By (}.& {'~ 22 23 Fund Subclass 24 Org 25 26 27 28 Account 0001 10000 31116338 4380 1