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HomeMy WebLinkAboutAgreement A-18-664 with National Institute of Justice.pdfU.S. Department of Justice Office of Justice Programs Washington, D.C. 20531Office of the Assistant Attorney General August 31, 2018 Chairperson Sal Quintero Fresno County Sheriff Department 2200 Fresno Street Fresno, CA 93721 Dear Chairperson Quintero: On behalf of Attorney General Jefferson Sessions III, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY18 DNA Capacity Enhancement and Backlog Reduction (CEBR) Program (Formula) in the amount of $258,389 for Fresno County Sheriff Department. This funding is for the project titled, "FY 2018 DNA Capacity Enhancement and Backlog Reduction Program." Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Shelia Anderson, Grant Manager at (202) 307-5546; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Enclosures Laura L. Rogers Acting Principal Deputy Assistant Attorney General U.S. Department of Justice Office of Justice Programs OFFICE FOR CIVIL RIGHTS 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR@usdoj.gov Website: www.ojp.usdoj.gov/ocr August 31, 2018 Chairperson Sal Quintero Fresno County Sheriff Department 2200 Fresno Street Fresno, CA 93721 Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at https://ojp.gov/about/ocr/vawafaqs.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Dear Chairperson Quintero: OCR Letter to All Recipients Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website https://www.lep.gov. Ensuring Equal Treatment of Faith-Based Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ regulation, Partnerships with Faith-Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016, prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, houses of worship, or faith-based organizations, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non-funded explicitly religious activities (e.g., prayer), they must hold them separately from the activities funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. Funded faith-based organizations must also provide written notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded faith-based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation, please see the OCR's website at https://ojp.gov/about/ocr/partnerships.htm. SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as amended, 34 U.S.C. § 12291(b)(13), contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). Sincerely, Meeting the EEOP Requirement An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment practices, to identify possible barriers to the participation of women and minorities in all levels of a recipient's workforce. As a recipient of DOJ funding, you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more information on whether your organization is subject to the EEOP requirements, see https://ojp.gov/about/ocr/eeop.htm. Additionally, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at EEOPforms@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due-process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Michael L. Alston Director cc:Grant Manager Financial Analyst U.S. Department of Justice Office of Justice Programs N ational Institute of Justice I. RECIPIENT NAME AND ADDRESS (Including Zip Code) Fresno County Sheriff Department 2200 Fresno Street Fresno, CA 93721 2a. GRANTEE IRSNENDOR NO. 946001512 2b. GRANTEE DUNS NO. 6 13665769 3. PROJECT TITLE FY 2018 DNA Capacity Enhancement and Backlog Reduction Program 12 . SPECIAL CONDITIONS Agreement No . 18-664 PAGE I OF 16 Grant 4 . AWARD NUMBER: 2018-DN-BX -0094 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 08 /31 /2018 8. SUPPLEMENT NUMBER 00 9. PREVIOUS A WARD AMOUNT 10. AMOUNT OF THIS AWARD 11. TOTAL AWARD 01 /01 /2019 TO 12/31 /2020 01 /01 /2019 TO 12/31 /2020 7. ACTION Initial $0 $258,389 $258,389 THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13 . STATUTORY AUTHORITY FOR GRANT This project is supported under FYI 8(NIJ -S&LLEA DNNOther Forensics) Pub. L. No. 115 -141, 132 Stat. 348,421; Pub . L. No. 114-324, section 3(a); 28 USC 530C 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Numbe r) 16 .7 41 -DNA Backlog Reduction Program 15 . METHOD OF PAYMENT GPRS AGENCY AP PROV AL 16 . TYPED NAME AND TITLE OF APPROVING OFFICIAL Laura L. Rogers Acting Principal Deputy Assistant Attorney General 17 . SIGNATURE OF APPROVING OFFICIAL 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG . SUB. POMS AMOUNT X B ON 60 00 00 258389 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. GRANTEE ACCEPTANCE 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Sal Quintero Chairperson of The Board of Supervisors 21. TDNSGT0047 ATTEST: BERNICE E . SEIDEL Cle rk of the Board of Supervisors County of Fres no, State of California By &.ASt\tO e:u~ o:i) Deputy 19A . DATE /J -LJ-l<t U.S. Department of Justice Office of Justice Programs National Institute of Justice PROJ EC T N U MBER 20 I 8-DN-BX-0094 AW ARD CONTINUATION SHEET Grant AWARD DATE 08/31 /201 8 SPECIAL CONDITIONS I. Requirements of the award; remedies for non-compliance or for materially false statements PAG E 2 OF 16 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 und er 18 U .S.C. I 001 and/or 1621 , and/or 34 U .S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for fals e claims or otherwise (including under 31 U .S.C. 3 729-3 730 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 thi s award . 2 . Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200 , as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2018 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26 , 2014 . If this FY 2018 award supplements funds previously awarded by OJP under the same award number ( e .g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 20 I 8 award . For more information and resources on the Part 200 Uniform Requirements as they rel ate t o OJP aw ard s and s ub aw ards ("s ubgrants"), see the OJP website at https://ojp .gov/funding/Part200UniformRequirements .htm . Record retention and access: Records pertinent to the award th at the recipient (and any subrecipient ("subgrantee") at any tier) must retain --typically for a period of 3 years from the date of submis sion of the final expenditure report (SF 425), unless a different retention period applies --and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access , include performance measurement information, in addition to the financi a l records, supporting documents , statistical records , and other pertinent records indicated at 2 C.F .R . 200 .333. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with , or differ in some way from , the provisions of the Part 200 Uniform Requirements , the recipient is to contact OJP promptly for clarification. U.S. Department ofJustice Office of Justice Programs National Institute of Justice PROJECT NUMB ER 2018-DN-BX-0094 AW ARD CONTINUATION SHEET Grant AWARD DATE 08/31 /2018 SPECIAL CONDITIONS 3. Compliance with DOJ Grants Financial Guide PAGE 3 OF 16 References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently , the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide . 4 . Reclassification of various statutory provisions to a new Title 34 of the United States Code On September I , 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified to a new Title 34 , entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S . Code. Effective as of September I, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S . Code is to be read as a reference to that statutory provision as reclassified to Title 34 . This rule of construction specifically includes references set out in award conditions , references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January I , 2016 , will satisfy this condition . In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after--(I) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 20 I 6, will satisfy this condition . A list ofOJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp .go v/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. U.S. Department of Justice Office of Justice Programs National Institute of Justice PROJ EC T NUMB ER 20 I 8-DN -BX-0094 AWARD CONTINUATION SHEET Grant AWARD DATE 0 8/31 /201 8 SPECIAL CONDITIONS 7 . Requirement to report potentially duplicative funding PAG E 4 OF 16 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. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication , and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding . 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for A ward Management (SAM), currently accessible at https ://www.sam.gov/. This includes applicable requirements regarding registration with SAM , as well as maintaining the currency of information in SAM . The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore /SAM.htm (Award condition : System for Award Management (SAM) and Univ e rs a l Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e ., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9 . Requirement to report actual or imminent breach of personally identifiable information (PII) Th e recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (0MB M-17-12) if it ( or a subrecipient)--1) creates , collects , uses , processes , stores , ma in ta ins , disseminates , discloses , or disposes of "personally identifiable information (PII)" (2 CFR 200. 79) within th e scop e ofan OJP grant-funded program or activity, or 2) uses or operates a "Federal information system" (0MB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach , or the detection of an imminent breach. I 0 . All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier , must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that --for purposes of federal grants administrative requirements --OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https ://ojp .gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. U .S. Department of Justice Office of Justice Programs National Institute of Justice PROJ EC T NUMBER 2018-DN-BX-0094 AWARD CONTINUATION SHEET Grant AWARD DATE 08 /31 /2018 SPECIAL CONDITIONS PAGE 5 OF 16 11 . 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 th at --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 und er an OJP award are posted on the OJP web site at https ://ojp .gov/funding /Explore/NoncompetitiveProcurement.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 . 12. 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 "employee s" of the recipient or of any subrecipient. The det ails of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https ://ojp .gov/funding/Explore/ProhibitedConduct-Trafficking .htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 13 . Compliance with applicable rules regarding approval, planning, and reporting of conferences , meetings , trainings , and other events The recipient, and any subrecipient ("subgrantee") at any tier , must comply with all applicable laws , regulations , policies , and official DOJ guidance (including specific cost limits, prior approval and reporting requirements , where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences . Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of"Postaward Requirements" in the "DOJ Grants Financial Guide"). 14 . Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data th at measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance . Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 20 I 0, and other applicable laws. 15. OJP Training Guiding Principles Any training or training materials that the recipient --or any subrecipient ("subgrantee") at any tier --develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees , C ~., available at https ://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees .htm. DU U.S. Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBER 20 I 8-DN-BX-0094 AW ARD CONTINUATION SHEET Grant AWARD DATE 08 /31 /20 I 8 SPECIAL CONDITIONS 16. Effect of failure to address audit issues PAGE 6 OF 16 The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements ( or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews ofDOJ awards. 17. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high -ris k grantee list. 18 . 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 . 19. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F .R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 20. 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. 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 partic ip ate 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 "Partnerships with Faith-Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at https ://www.ecfr.gov/cgi- bi n/ECFR ?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, und er e-CFR "current" data. U.S. Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBER 2018-DN-BX-0094 AWARD CONTINUATION SHEET Grant AWARD DATE 08 /31 /2018 SPECIAL CONDITIONS 21. Restrictions on "lobbying" PAGE 7 OF 16 In general, as a matter of federal law , federal funds awarded by OJP may not be used by the recipient , or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal , modification, or adoption of any law , regulation, or policy, at any level of government. See 18 U.S.C. 1913 . (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress ( or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan , or with respect to actions s uch as renewing , extending, or modifying any such award. See 31 U.S.C. 1352 . Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient ( or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval ofOJP. 22. Compliance with general appropriations-law restrictions on the use offederal funds (FY 2018) Th e recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restriction s on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions , including from va rious "general provisions" in the Consolidated Appropriations Act, 2018 , are set out at https://ojp.gov/funding/Explore/FY l 8AppropriationsRestrictions.htm, and are incorporated by reference here . Should a question arise as to whether a particular use of federal funds by a recipient ( or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without th e express prior written approval of OJP . 23. Re porting Potential Fraud , Waste , and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal , employee, agent , subrecipient, contractor, s ubcontractor, or other person has , in connection with funds under this award --( 1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to fund s under this award should be reported to the OIG by--(1) mail directed to : Office of the Inspector General , U .S . Department of Justice , Investigations Division , 1425 New York Avenue, N .W . Suite 7100 , Washington, DC 20530; and/or (2) the DOJ OIG hotline : (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 6 I 6-9881 (fax). Additional information is available from the DOJ OIG website at https ://oig.justice.gov/hotlin e. U.S. Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMB ER 20l 8-DN -BX-0094 AWARD CONTINUATION SHEET Grant AWARD DAT E 08/31 /2 018 SPECIAL CONDITIONS 24. Restrictions and certifications regarding non-disclosure agreements and related matters PAG E 8 OF 16 No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts , or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency gov erning the nondisclosure of classified information . I . In accepting this award, the recipient-- a . represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b . certifies that , if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict ( or purport to prohibit or restrict), reporting of waste , fraud , or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency . 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts , or both-- a . it represents that-- ( 1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste , fraud , or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation ; and b . it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict ( or purport to prohibit or restrict), reporting of waste , fraud , or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. U .S . Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBER 2018-DN-BX-0094 A WARD CONTINUATION SHEET Grant AWARD DATE 08 /31 /201 8 SPECIAL CONDITIONS 25 . Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal ; notice to employees) PAG E 9 OF 16 The recipient ( and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U .S.C. 4 712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of41 U.S.C. 4712 to this award , the recipi e nt is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 26. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed . Reg . 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award , and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers . 27. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside ofDOJ If the recipient is designated "high risk" by a federal grant-making agency outside ofDOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP .ComplianceReporting@ ojp .usdoj.gov. For purposes of this disclosure , high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance , or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following : I . The federal awarding agency that currently designates the recipient high risk , 2. The date the recipient was designated high risk, 3 . The high-risk point of contact at that federal awarding agency (name , phone number, and email address), and 4 . The reasons for the high-risk status, as set out by the federal awarding agency. U.S. Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBER 2018-DN-BX-0094 AW ARD CONTINUATION SHEET Grant AWARD DATE 08/31 /2018 SPECIAL CONDITIONS 28 . Privacy ; quality assurance ; CODIS/NDIS PAGE 10 OF 16 The recipient shall ensure that each DNA analysis conducted and DNA profile generated under this award is maintained pursuant to all applicable Federal privacy requirements, including those described in 34 U.S .C. section l 2592(b )(3 ). The recipient shall ensure that all forensic DNA analyses conducted with funding under this award are performed either ( 1) by accredited government-owned laboratories, or (2) through accredited fee-for-service vendors. Accreditation must be by a nonprofit professional association of persons actively 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 audits, not less than once every two years, that demonstrate compliance with the Quality Assurance Standards for Forensic DNA Testing Laboratories established by the Director of the Federal Bureau of Investigation . The recipient shall ensure that all eligible forensic DNA profiles obtained with funding under this award will be entered into the Combined DNA Index System (CODIS), and, where applicable, uploaded to the National DNA Index System (NDIS). No profiles generated with funding from this award may be entered into any non-governmental database without prior express written approval from NIJ. If any government-owned forensic laboratory that will receive funding under this award to conduct forensic DNA analyses is not a member ofNDIS, the laboratory must have a written agreement in place with an NDIS-participating laboratory for the resulting eligible forensic DNA profiles to be entered into CODIS, and, where applicable, uploaded into NDIS. If the recipient operates a state-designated DNA database laboratory, the recipient shall ensure that analyses of DNA database samples and reviews of associated DNA profiles conducted with funding under this award are performed by a laboratory that (I) is accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community; and (2) undergoes external audits , not le ss than once every two years , that demonstrate compliance with the requirements of the Quality Ass urance Standards for DNA Databasing Laboratories established by the Director of the Federal Bureau oflnvestigation . The recipient shall ensure that any DNA database samples analyzed with funding under this award are analyzed for all 20 COD IS core STR loci , using commercially available PCR kits accepted by NDIS . The recipient shall also ensure that all profiles obtained from DNA database samples with funding from this award are entered into COD IS within 90 days of completion of analysis, and uploaded into NDIS. The recipient agrees to notify NIJ 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. 29. No research ; nonsupplanting of State or local government funds The recipient shall ensure that none of the funds provided under this award are used for research or statistical projects or activities 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 NIJ grant 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 sources for activities funded through this award . The recipient agrees to notify NIJ promptly if the recipient receives new State or local government funding for any of the purposes included in the approved application for this award. ~ •o . U.S . Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBER 2018-DN -BX-0094 AW ARD CONTINUATION SHEET Grant AWARD DATE 08 /31 /2018 SPECIAL CONDITIONS PAGE II OF 16 30. The recipient agrees to notify NIJ promptly upon any significant reduction in the recipient's estimate of the number of backlogged forensic DNA cases that will be analyzed within twenty-four months using the funds provided under this fiscal year 2018 award , above and beyond those that will be analyzed using funds from other sources. If applicable, the recipient agrees to notify NIJ promptly upon any significant reduction in the recipient's estimate of the number of DNA database samples that will be analyzed, or associated DNA profiles reviewed, within twenty-four months using the funds provided under this fiscal year 2018 award, above and beyond those that can be analyzed or reviewed using funds from other sources. 31 . The recipient understands and agrees that gross income (revenues) from fees charged for DNA testing services constitutes program income (in whole or in part), and that program income must be determined, used, and documented in accordance with the provisions of2 C.F .R. 200.307, including as applied to the NIJ DNA Capacity Enhancement and Backlog Reduction Program by the Department of Justice (DOJ) Grants Financial Guide, as it may be revised from time to time. The recipient further understands and agrees that both program income earned during the award period and expenditures of such program income must be reported on the quarterly and final Federal Financial Reports (SF 425) and are subject to audit. The recipient understands and agrees that program income earned during the award period only may be expended only for permissible uses of funds specifically identified in the solicitation for the NIJ FY 2018 DNA Capacity Enhancement and Backlog Reduction Program . The recipient further understands and agrees that program income earned during the award period may not be used to supplant State or local government funds , but instead may be used only to increase the amount of funds that would , in the absence of Federal funds or program income, be available from State or local government sources for the permissible uses of funds listed in the FY 2018 program solicitation . The recipient understands and agrees that program income that is earned during the final ninety (90) days of the award period may, if appropriate, be obligated (as well as expended) for permissible us es during the ninety-day (90-day) period following the end of the award period. The recipient further understands and agrees that any program income earned 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. 32. The recipient understands and agrees that, throughout the award period, it must promptly notify NIJ if it either starts or stops charging fees for DNA testing services , or if it revises its method of allocating fees received for DNA te sting services to program income. Notice must be provided in writing to the NIJ grant manager for the award within ten ( I 0) business days of implementation of the change . 33 . Absent prior express written approva l from NIJ, rates for any lodging charged 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 associated taxes, may not be charged to the award.) 34 . The recipient agrees that it will submit quarterly financial status reports to OJP on-line (at https ://grants .ojp .usdoj .go v) using the SF 425 Federal Financial Report form (available for viewing at https ://www .gsa.gov/forms-library/federal- financial-report), not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the award period. 35. The recipient shall submit semiannual progress reports . Progress reports shall be submitted within 30 days after the end of the reporting periods, which are June 30 and December 31, for the life of the award . These reports will be submitted to the Office of Justice Programs , on-line through the Internet at https://grants .ojp.usdoj.gov/. U.S . Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMB ER 20l 8-DN-BX-0094 A WARD CONTINUATION SHEET Grant AWARD DATE 08/31 /2018 SPECIAL CONDITIONS 36. Semiannual progress report narratives PAG E 12 OF 16 The recipient agrees that its semiannual progress report narratives will include the following: (I) a summary of project goals for the fiscal year 2018 grant ; (2) the grant activities performed during the reporting period ; (3) the effects of such grant activities toward achieving each project goal for the fiscal year 2018 grant; ( 4) a description of any observed increases in evidence submissions; and (5) a description of any issues that may negatively impact project goals for the fiscal year 2018 grant. If it ( or any subrecipient) expends any amounts under the award on procurement contracts to private accredited DNA laboratories for analysis of forensic DNA casework samples or DNA database samples during the reporting period, th e recipient understands and agrees that it will include in its semiannual progress report narrative (as a separately- designated section entitled, "Private Laboratory Expenditures During this Semiannual Report Period") a list specifying each such private laboratory and the total amounts the recipient (or any subrecipient) expended for such procurement contracts per laboratory during the reporting period. If applicable, the recipient must state in its report narrative with respect to any reporting period during which no such expenditures occurred that it did not expend (nor did any subrecipient expend) any amounts under the award on such procurement contracts. The recipient agrees to take any necessary steps to ensure that reports of such procurement contract expenditures (with respect to the recipient and any subrecipient) are fully supportable by documentation and consistent with expenditures as reported on quarterly financial status reports the recipient submits to OJP . Final progress report The recipient agrees to submit a final report, at the end of this award, documenting all relevant project activities during the entire period of performance under this award . This report will include the following : a summary and assessment of the program carried out with the fiscal year 2018 grant, which shall include a comparison of pre -grant and post- grant DNA-forensic capacity and take into account cumulative performance measure data . The recipient agrees that it will include in its final report a report on any amounts it ( or any subrecipient) expend ed under the award on procurement contracts to private accredited DNA laboratories for analysis of forensic DNA casework samples or DNA database samples that it did not include in any previously-submitted semiannual progress report , in order to ensure that it submits such information to OJP that covers the entire period of performance under this award . The final report is due no later than 90 days following the close of this award period or the expiration of any extens ion periods. This report will be submitted to the Office of Justice Programs, on-line through the Internet at https :// grants.ojp. usdoj .gov/. U .S. Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBER 2018-DN-BX-0094 AW ARD CONTINUATION SHEET Grant AWARD DATE 08/31 /20 I 8 SPECIAL CONDITIONS 37 . Semiannual performance measure data reporting -Forensic DNA casework and capacity enhancement PAGE 13 OF 16 The recipient agrees to submit applicable performance measure data regarding forensic DNA casework and capacity enhancement at the same time that it submits its semiannual progress reports. These semiannual performance data will be submitted to the Office of Justice Programs, on-line through the Internet at https://ojpsso.ojp .gov/. With respect to such data, the reports should contain: (1) information regarding baseline performance metrics (for capacity enhancement projects --the average number of days between the submission of a request for forensic biology/DNA analysis to the laboratory and the delivery of the test results to the requesting agency at the beginning of the award period , and the average number of forensic DNA samples analyzed per analyst/month at the beginning of the award period ; for forensic casework DNA backlog reduction projects --the number of backlogged forensic biology/DNA cases at the beginning of the award period); (2) progress performance metrics (for capacity enhancement projects -- the average number of days between the submission of a request for forensic biology/DNA analysis to the laboratory and the delivery of the test results to the requesting agency at the end of the reporting period , and the average number of forensic DNA samples analyzed per analyst/month at the end of the reporting period; for forensic casework DNA backlog reduction projects --the number of backlogged forensic biology/DNA cases at the end of the reporting period, the number of forensic biology/DNA cases analyzed during the reporting period using funds provided under this award , and the number of DNA profiles from forensic analyses entered into CODIS during the reporting period as a result of the funds provided under this award); and (3) impact performance metrics (for forensic casework DNA backlog 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 measure data reporting , a backlogged forensic biology/DNA case is defined as a forensic biology/DNA case that has not been completed within 30 days ofreceipt in the laboratory . The recipient shall ensure that all required performance measure data are collected throughout the award period. 38. Semiannual Performance Measure Data Reporting -DNA database sample analysis and capacity enhancement If the recipient uses award funds for DNA database sample analysis or capacity enhancement, the recipient agrees to submit applicable performance measure data at the same time that it submits its semiannual progress reports . These semiannual performance data will be submitted to the Office of Justice Programs, on-line through the Internet at https ://ojpsso .ojp.gov/. With respect to such data, the reports should contain: ( 1) information regarding baseline performance metrics (for DNA database laboratory capacity enhancement projects --the average number of DNA database samples analyzed per analyst/month at the beginning of the award period; the average number of days between the submission of a DNA database sample to the laboratory and the upload of the DNA profile to COD IS at the beginning of the award period; for DNA database backlog reduction projects --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 analyst/month at the end of the reporting period, the average number of days between the submission of a DNA database sample to the laboratory and the uplo ad of the profile to CODIS at the end of the reporting period; for DNA database backlog reduction projects --the number of backlogged DNA database samples at the end of the reporting period, the number of DNA database samples analyzed during the reporting period using funds from this award, and the number of DNA profiles from DNA database samples entered into CODIS during the reporting period as a result of the funds provided under this award); and (3) impact performance metrics (for DNA database backlog reduction projects --the number of CODIS hits during the reporting period resulting from DNA database profiles developed using funds provided under this award). For the purpos es of performance measure data reporting, a backlogged DNA database 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 required performance measure data are collected throughout the award period . U.S. Department of Justice Office of Justice Programs National Institute of Justice PROJ ECT NUMB ER 20 I 8-DN-BX-0094 AW ARD CONTINUATION SHEET Grant AWARD DATE 08 /31 /201 8 SPECIAL CONDITIONS 39 . Final performance measure data reporting PAGE 14 OF 16 The recipient agrees to submit applicable performance measure data at the same time that it submits its final report . These final performance data will be submitted to the Office of Justice Programs, on-line through the Internet at https://ojpsso.ojp.gov/. With respect to data concerning forensic DNA activities, the final report should contain: ( 1) for forensic DNA capacity enhancement projects --the average number of days between the submission of a request for forensic biology/DNA analysis to the laboratory and the delivery of the test results to the requesting agency at the end of the project period, and the average number of forensic DNA samples analyzed per analyst/month at the end of the project period; and (2) for forensic casework DNA backlog reduction projects --the number of backlogged forensic biology/DNA cases at the end of the project period, the cumulative number of forensic biology/DNA cases analyzed using funds provided under this award , the cumulative number of DNA profiles from forensic analyses entered into CODIS as a result of the funds provided under this award, and the cumulative number of COD IS hits attributable to forensic DNA analyses funded under this award). For the purposes of performance measure data reporting, a backlogged 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 . If the recipient uses award funds for DNA database sample analysis or capacity enhancement, the recipient also agree s to submit applicable performance measure data with its final report . With respect to such data, the final report should contain : (I) for DNA database laboratory capacity enhancement projects --the average number of DNA database samples analyzed per analyst/month at the end of the project period; the average number of days between the submission of a DNA database sample to the laboratory and the upload of the profile to COD IS at the end of the project period , and (2) for DNA database backlog reduction projects --the number of backlogged DNA database samples at the end of the project period, the cumulative number of DNA database samples analyzed using funds provided under this award, the cumulative number of profiles from DNA database samples entered into COD IS as the result of funds provided under this award, and the cumulative number of CODIS hits resulting from DNA database profiles developed using funds provided under this award. For the purposes of performance measure data reporting , a backlogged DNA database sampl e is defined as a DNA database sample that has not been completed within 30 days ofreceipt in the laboratory . The recipient shall ensure that all required performance measure data are collected throughout the award period . 40. 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 required for the assessment or evaluation of any activities within this project. 41. To assist in information sharing , the award recipient shall provide the NIJ grant manager with a copy of publication s (including those prepared for conferences and other presentations) resulting from this award , prior to or simultaneous with their public release. NIJ defines publications as any written , visual or sound material substantively based on the project, formally prepared by the award recipient for dissemination to the public . Submission of publications prior to or simultaneous with their public release aids NIJ in responding to any inquiries that may arise . Any publications - excluding press releases and newsletters -whether published at the recipient's or government's expense, shall contain the following statement: "This project was supported by Award No . ______ , awarded by the National Institute of Justice , Office of Justice Programs , U.S. Department of Justice . The opinions , findings , and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect those of the Department of Justice." This statement shall appear on the first page of written publications. For audio and video publications , it shall be included immediately after the title of the publication in the audio or video file . U.S . Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBER 2018-DN-BX-0094 AWARD CONTINUATION SHEET Grant AWARD DATE 08/31 /2018 SPECIAL CONDITIONS PAG E 15 OF 16 42. The recipient shall transmit to the NIJ grant manager copies of all official award-related press releases at least ten ( I 0) working days prior to public release . Advance notice permits time for coordination of release of information by NIJ where appropriate and to respond to press or public inquiries. 43. Pursuant to 28 C.F.R. Part 18 , OJP may suspend or terminate funding under this award before the completion of the project funded by this award, for the recipient's failure to comply with these special conditions or with the project's goals, plans and methodology set forth in the approved application. In the case of suspension, the recipient will be unable to draw down funds until OJP determines that the recipient is in compliance. 44 . Copyright ; Data rights The recipient acknowledges that OJP reserves a royalty-free , non-exclusive, and irrevocable license to reproduce , publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes : (1) any work subject to copyright developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The recipient acknowledges that OJP has the right to (I) obtain , reproduce, publish , or otherwise use the data first produced under an award or subaward; and (2) authorize others to receive , reproduce, publish , or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227- 14 (Rights in Data -General). It is the responsibility of the recipient (and of each subrecipient, if applicable) to ensure that this condition is included in any subaward under this award. The recipient has the responsibility to obtain from subrecipients , contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights , the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 45 . The Project Director and key program personnel designated in the application shall be replaced only for compell ing reasons. Successors to key personnel must be approved, and such approval is contingent upon submission of appropriate information, including, but not limited to , a resume . OJP will not unreasonably withhold approval. Changes in other program personnel require only notification to OJP and submission of resumes , unless otherwise designated in the award document. U.S. Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBER 201 8-DN-BX-0094 AW ARD CONTINUATION SHEET Grant AWARD DATE 08/31 /2018 SPECIAL CONDITIONS PAG E 16 OF 16 46. 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 Assessment (EA): The recipient agrees and understands that funded activities (whether conducted by the recipient or subrecipients or contractors) may require the preparation of an EA as defined by the Council on Environmental Quality's Regulations for implementing the Procedural Provisions of the National Environmental Policy Act (NEPA), found at 40 CFR Part 1500. 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 are identified, the EA will serve as a vehicle for developing either alternative approaches or mitigation measures for avoiding or reducing the identified adverse environmental impacts. Modifications: Throughout the term of this award, the recipient agrees that for any activity that is the subject ofa completed EA , it will inform NIJ of--(1) any change(s) that it is considering making to the previously assessed activity that may be relevant to environmental impact; or (2) any proposed new activities or changed circumstances that may require assessment as to environmental impact, such as new activities that involve the use of chemicals or involve construction or major renovation . The recipient will not implement a proposed change or new activity until NU, with the assistance of the recipient, has determined whether the proposed change or activity (or changed circumstances) will require additional review under NEPA. Approval for implementation will not be unreasonably withheld as long as any requested modification(s) is consistent with eligible program purposes and found acceptable under an NU-conducted environmental impact review process. 47 . The recipient may not obligate, expend, or draw down any funds until the program office has verified that the recipient has submitted all necessary documentation required to comply with the Department of Justice Procedures for Implementing the National Environmental Policy Act found at 28 CFR Part 61 (including Appendix D), and a Grant Adjustment Notice (GAN) has been issued removing this condition . 48 . FF AT A reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FF AT A), are posted on the OJP web site at https ://ojp.gov/funding/Explore/FF AT A.htm (A ward condition : Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition , including its reporting requirement, does not apply to--(I) an award of less than $25,000 , or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 49 . With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. U.S. Department of Justice Office of Justice Programs National Institute of Justi ce Was hington, D.C. 2053 1 Memorandum To: Official Grant File From: Steven Schuetz, Physical Scientist Subject: Environmental Assessment for Fresno County Sheriff Department The recipient agrees to comply with all Federal , State, and local environmental law s and regulations applicable to the development and implementation of the activities to be funded under this award. Environmental Assessment (EA): The recipient agrees and understands that funded activities (whether conducted by the recipient or subrecipients or contractors) may require the preparation of an EA as defined by the Council on Environmental Quality's Regulations for implementing the Procedural Provisions of the National Environmental Policy Act (NEPA), found at 40 CFR Part 1500 . 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 are identified, the EA will serve as a vehicle for developing either alternative approaches or mitigation measures for avoiding or reducing the identified adverse environmental impacts . Modifications : Throughout the tenn of this award, the recipient agrees that for any activity that is the subject of a completed EA, it will inform NIJ of--(1) any change(s) that it is considering making to the previously assessed activity that may be relevant to environmental impact; or (2) any proposed new activities or changed circumstancei that may require assessment as to environmental impact , such as new activities that involve the use of chemic a ls or involve construction or major renovation. The recipient will not implement a proposed change or new activity until NIJ , with the assistance of the recipient, has determined whether the proposed change or activity (or changed circumstances) will require additional review under NEPA. Approval for implementation will not be unreas onabl y withheld as long as any requested modification(s) is consistent with eligible program purposes and found acceptable under an NU-conducted environmental impact review process. U.S. Department ofJustice Office of Jus tice Programs National Institute of Justice GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT NUMBER 20 I 8-DN-BX-0094 PROJECT SUMMARY Grant PAG E I OF I This project is sup ported under FY 18(N IJ -S&LL EA DN A/Oth e r Forensics) Pub . L. No. 115 -141 , 132 Stat. 348 ,42 1; Pub. L. No. 11 4-324, section 3(a); 28 USC 530C I . STAFF CON T ACT (Name & te le pho ne number) Shelia Ande rso n (202) 307-5546 3a. TITLE OF TH E PRO GRA M 2. PROJECT DIRECTOR (Name, ad dress & te lep hone number) Mich ae l Koop Director of Forensic Services 125 6 Di visadero Fresno , CA 9372 1-1111 (559) 233-0308 N IJ FY 18 DNA Capacity Enh ancement and Backlog Reduction (CEBR) Program (Formula) 3b. POMS CO DE (SEE INSTRUCT IONS ON REVERSE) 4. TITLE OF PROJ ECT FY 2018 DNA Capacity En hanc ement and Backlog Reductio n Program 5. NAME & ADDRESS OF GRANTEE Fresno Co unty Sheriff Depa rtment 2200 Fresno Street Fresno, CA 9372 1 7. PROGRAM PERI O D FROM: 0 I/01 /20 I 9 9. AMOUNT OF AW ARD $ 258 ,389 11 . SECOND YEAR'S BUDGET 13. THIRD YEAR'S BUDGET PER IOD TO: 12/3 l /2020 15 . SUMMARY D ESC RIPTIO N OF PROJECT (Se e instruction on reverse) 6. NAM E & ADRESS OF SUBGRANTEE 8. BUDG ET PERIOD FROM : 01 /01 /20 19 10 . DATE OF AWA RD 08/3 1/20 18 T O: 12/3 1/2020 12 . SECOND YEAR'S BUDGET AMOUNT 14. THIRD YEAR'S BUDGET AMOUNT The Fres no County S heriff s Office Forensic La boratory prov ides services for the Fres no Co unty S heriffs Office . The forensic labora tory has two Crimin al is ts that are trai ned and qualifi ed to perform STR a na lysis a nd c urrently two more in our DN A tra ining p rogram, sc hedu led for co mpl eti on thi s year. Due to staffing needs and th e growing demand for DN A a na lysis , th e Fresno County Sheriffs Office Forensic Laboratory needs to fi nd a way to reduce back logged DNA casework and increase our capac ity. The Sheriffs Office has over 30 unsolved homi cide/ra pe cases that need to be exam ined for potent ia l DNA evidence. DNA cases can take from 60 to 90 days from requ es t to fi nal report, due to th e s ize of our s ta ff and non-effi cient equipment. Th e forensic la boratory is seeki ng federal funds to decrease the back log , turnaround tim e and to inc rease th e capacity of cases from th e DNA unit. OJP FORM 4000/2 (REV . 4-88) This w ill be accomplis hed by using grant fund s to continue funding o ne Criminalist position, se nd sta ff members to th e 2020 AAFS and ISHI conferences, purchase one Rea l Time PCR instrument, purc ha se 2 new DNA therm a l cyclers, blocks, temperature ve rificati o n kit an d use funding for private fee for services vendo rs to reduce th e number o f bac klo gged DNA cases. The re s ult will be a reduction in the number of days from request to issuing final DN A resu lt s to our clients and a reduction in th e numbers of backlogged DNA cases. NCA/NCF