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HomeMy WebLinkAboutReports - 2023.10.17 - 40639 AGENDA ITEM: Acceptance from the U.S. Department of Justice for the FY 2023 DNA Capacity Enhancement and Backlog Reduction (CEBR) Program DEPARTMENT: Sheriff’s Office MEETING: Board of Commissioners DATE: Friday, October 27, 2023 7:55 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-3419 Motion to accept the FY 2023 DNA Capacity Enhancement and Backlog Reduction (CEBR) Program Grant award from the U.S. Department of Justice, Bureau of Justice Assistance in the amount of $432,347 for the period of October 1, 2023 through September 30, 2025 and authorize the Chair of the Board of Commissioner to execute the grant award; further, amend the FY 2024- 2025 budgets as detailed in the attached Schedule A. ITEM CATEGORY SPONSORED BY Grant Penny Luebs INTRODUCTION AND BACKGROUND The Oakland County Sheriff’s Office has been awarded Fiscal Year (FY) 2023 DNA Capacity Enhancement and Backlog Reduction (CEBR) Program Grant funding in the amount of $432,347 from the U.S. Department of Justice (DOJ), Bureau of Justice Assistance (BJA). The grant period is October 1, 2023 through September 30, 2025. The Oakland County Sheriff’s Office (OCSO) provides forensic laboratory services to Oakland County and its neighboring communities. Grant funding will be used to continue three (3) Full-Time Eligible (FTE) Special Revenue (SR) Forensic Laboratory Analyst positions (#4030901-12173, 12450, and 12451) in the Sheriff's Office Investigative & Forensic Services Division, Forensic Services Unit. Grant funding will also cover travel costs for mandatory Department of Justice training. POLICY ANALYSIS Acceptance of this grant does not obligate the County to any future commitment, and continuation of the Special Revenue positions in the grant is contingent upon future levels of grant funding. BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Curtis Childs Gaia Piir, Sheriff Fiscal Officer ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 10/17/2023 AGENDA DEADLINE: 10/27/2023 7:55 PM ATTACHMENTS 1. FY 2023 CEBR Grant Acceptance SCHEDULE A 2. Grant Review Sign-Off 2023 3. FY 2023 CEBR_Award Package_OCSO_Unsigned 4. FY 2023 CEBR Formula_Budget_OCSO 9-23_Redacted COMMITTEE TRACKING 2023-10-10 Public Health & Safety - Forward to Finance 2023-10-11 Finance - Recommend to Board 2023-10-17 Full Board - Adopt Motioned by: Commissioner Angela Powell Seconded by: Commissioner Robert Hoffman Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (15) No: None (0) Abstain: None (0) Absent: Gary McGillivray, Penny Luebs, Michael Gingell, Janet Jackson (4) Passed Oakland County, Michigan SHERIFF'S OFFICE - 2023 DNA CAPACITY ENHANCEMENT AND BACKLOG REDUCTION (CEBR) PROGRAM - GRANT ACCEPTANCE Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND) Cost Center (CCN) # Account # (RC/SC) Program # (PRG) Grant ID (GRN) # Project ID # (PROJ) Regio n (REG) Budget Fund Affiliat e (BFA) Ledger Account Summar y Account Title FY 2024 Amendment FY 2025 Amendment FY 2026 Amendment R Law Enforcement Grants Investigative & Forensic Svcs FND11005 CCN4030901 RC610313 PRG116240 GRN-1004273 610000 Federal Operating Grants $-$432,347 $- Total Revenues $-$432,347 $- E Law Enforcement Grants Investigative & Forensic Svcs FND11005 CCN4030901 SC702010 PRG116240 GRN-1004273 702000 Salaries Regular $-$286,846 $- E Law Enforcement Grants Investigative & Forensic Svcs FND11005 CCN4030901 SC722740 PRG116240 GRN-1004273 722000 Fringe Benefits -141,217 - E Law Enforcement Grants Investigative & Forensic Svcs FND11005 CCN4030901 SC732018 PRG116240 GRN-1004273 730000 Travel and Conference -4,284 - Total Expenditures $-$432,347 $- GRANT REVIEW SIGN-OFF – Sheriff’s Office GRANT NAME: 2023 DNA Capacity Enhancement and Backlog Reduction (CEBR) Program FUNDING AGENCY: U.S. Department of Justice (US DOJ), Bureau of Justice Assistance Grant DEPARTMENT CONTACT PERSON: Kent Gardner/(248) 858-5018 STATUS: Grant Acceptance (Greater than $10,000) DATE: 09/27/2023 Please be advised that the captioned grant materials have completed internal grant review. Below are the returned comments. The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign- off email and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved – Shannon Lee on behalf of Sheryl Johnson (09/22/2023) Human Resources: Approved by HR. Continues 3 positions with no changes – Heather Mason (09/22/2023) Risk Management: Approved. No County insurance requirements in documentation – Robert Erlenbeck (09/25/2023) Corporation Counsel: Approval – Sharon Kessler (09/26/2023) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Name and Address of Recipient: OAKLAND, COUNTY OF 1200 N TELEGRAPH RD DEPT 470 City, State and Zip:PONTIAC, MI 48341 Recipient UEI:HZ4EUKDD7AB4 Project Title: FY 2023 CEBR Formula: Oakland County Award Number: 15PBJA-23-GG-01296-DNAX Solicitation Title: BJA FY 23 Formula DNA Capacity Enhancement for Backlog Reduction (CEBR) Program Federal Award Amount: $432,347.00 Federal Award Date: 9/8/23 Awarding Agency: Office of Justice Programs Bureau of Justice Assistance Funding Instrument Type:Grant Opportunity Category: D Assistance Listing: 16.741 - DNA Backlog Reduction Program Project Period Start Date: 10/1/23 Project Period End Date: 9/30/25 Budget Period Start Date: 10/1/23 Budget Period End Date : 9/30/25 Project Description: The Oakland County Sheriff’s Office provides law enforcement and forensic laboratory services to Oakland County and its neighboring communities in Southeast Michigan -a population of more than 1.2 million residents. In addition to its local customer base,the Sheriff’s Office provides services to more than 50 regional and federal agencies. FY 2023 DNA Capacity Enhancement for Backlog Reduction (CEBR)formula funding is requested to support the Forensic Science Laboratory’s mission: to provide its clients,the criminal justice system,and the individuals of the communities that it serves with the highest quality of forensic services in an efficient and timely manner. Specifically,grant funds will be used to retain three DNA analyst positions that were established with prior year CEBR funding for an additional 12-month period. Collectively,these analysts will have a positive impact on casework throughput,helping to reduce the laboratory’s backlog of crime scene samples awaiting DNA analysis. In addition,grant funds will be used to replace aging laboratory equipment and to attend grant-related training,in accordance with the FY 2023 program solicitation. The Oakland County Sheriff’s Office expects a minimum of 180 cases to be completed with CEBR funding during the FY 2023 award period,above and beyond what the laboratory is capable of analyzing without continued grant support. Page: 1 of 21 Award Letter September 8, 2023 Dear David Woodward, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by OAKLAND, COUNTY OF for an award under the funding opportunity entitled 2023 BJA FY 23 Formula DNA Capacity Enhancement for Backlog Reduction (CEBR) Program. The approved award amount is $432,347. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP , so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process. Congratulations, and we look forward to working with you. Maureen Henneberg Deputy Assistant Attorney General Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/ Explore/LegalOverview/CivilRightsRequirements.htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. Page: 2 of 21 These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. Memorandum Regarding NEPA NEPA Letter Type OJP - Additional Information Required NEPA Letter The scope or location or the proposed project is such that it may not qualify for a categorical exclusion as contained in Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. As such, prior to initiation of the project, the grantee may need to complete an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS). Additional information is needed to determine if any of the following activities will be conducted as a result of this award, whether under the Office of Justice Programs federal action or a related third-party action: (1) New construction (2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100-year flood plain, a wetland, or habitat for an endangered species (3) A renovation that will change the basic prior use of a facility or significantly change its size (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment (5) Implementation of a program involving the use of chemicals (including the identification, seizure, or closure of clandestine methamphetamine laboratories) For more information about NEPA requirements, including which projects may qualify for categorical exclusions, and the preparation of an environmental review documents, please see: https://bja.ojp.gov/national-environmental-policy-act-nepa-guidance. Questions about this determination may be directed to your grant manager or Orbin Terry, Environmental Coordinator for the Bureau of Justice Assistance. NEPA Coordinator First Name Orbin Middle Name Last Name Terry Award Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Page: 3 of 21 Information, Financial Information, and Award Conditions. Recipient Information Recipient Name OAKLAND, COUNTY OF UEI HZ4EUKDD7AB4 Street 1 1200 N TELEGRAPH RD DEPT 470 Street 2 City PONTIAC State/U.S. Territory Michigan Zip/Postal Code 48341 Country United States County/Parish Province Award Details Federal Award Date 9/8/23 Award Type Initial Award Number 15PBJA-23-GG-01296-DNAX Supplement Number 00 Federal Award Amount $432,347.00 Funding Instrument Type Grant Assistance Listing Number Assistance Listings Program Title 16.741 DNA Backlog Reduction Program Statutory Authority Department of Justice Appropriations Act, 2023 (Pub. L. No. 117-328); 136 Stat. 4459, 4536. [ ] I have read and understand the information presented in this section of the Federal Award Instrument . Project Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Solicitation Title Awarding Agency Page: 4 of 21 2023 BJA FY 23 Formula DNA Capacity Enhancement for Backlog Reduction (CEBR) Program Application Number GRANT13835931 OJP Program Office BJA Grant Manager Name Christine Torres Phone Number 202-305-1978 E-mail Address Christine.Torres@usdoj.gov Project Title FY 2023 CEBR Formula: Oakland County Performance Period Start Date 10/01/2023 Performance Period End Date 09/30/2025 Budget Period Start Date 10/01/2023 Budget Period End Date 09/30/2025 Project Description The Oakland County Sheriff’s Office provides law enforcement and forensic laboratory services to Oakland County and its neighboring communities in Southeast Michigan -a population of more than 1.2 million residents. In addition to its local customer base,the Sheriff’s Office provides services to more than 50 regional and federal agencies. FY 2023 DNA Capacity Enhancement for Backlog Reduction (CEBR)formula funding is requested to support the Forensic Science Laboratory’s mission: to provide its clients,the criminal justice system,and the individuals of the communities that it serves with the highest quality of forensic services in an efficient and timely manner. Specifically,grant funds will be used to retain three DNA analyst positions that were established with prior year CEBR funding for an additional 12-month period. Collectively,these analysts will have a positive impact on casework throughput,helping to reduce the laboratory’s backlog of crime scene samples awaiting DNA analysis. In addition,grant funds will be used to replace aging laboratory equipment and to attend grant-related training,in accordance with the FY 2023 program solicitation. The Oakland County Sheriff’s Office expects a minimum of 180 cases to be completed with CEBR funding during the FY 2023 award period,above and beyond what the laboratory is capable of analyzing without continued grant support. [ ] I have read and understand the information presented in this section of the Federal Award Instrument . Financial Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Page: 5 of 21 [ ] I have read and understand the information presented in this section of the Federal Award Instrument . Award Conditions This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 1 Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the “controlled equipment” list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition: Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here. 2 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." 3 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions 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. 4 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 2022 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 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 2022 award. Page: 6 of 21 For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334. 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. 5 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"). 6 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 7 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://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. 8 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/ FY22AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 Page: 7 of 21 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https:/ /www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 10 Effect of failure to address audit issues 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 of DOJ awards. 11 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in 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. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. Page: 8 of 21 12 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. 13 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. 14 Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. Page: 9 of 21 B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 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, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. 16 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 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-risk grantee list. 18 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP Page: 10 of 21 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 October 15, 2020, will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. 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. 19 Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it Page: 11 of 21 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. 20 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 21 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 22 Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes 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: 1. 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. 23 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. 24 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"). Page: 12 of 21 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. 25 Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://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 $250,000)), and are incorporated by reference here. 26 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 27 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. 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 Award Modification (GAM) to eliminate any inappropriate duplication of funding. 28 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Page: 13 of 21 Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 29 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first- tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 31 Privacy; quality assurance; CODIS/NDIS 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 12592(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 BJA. If any government-owned forensic laboratory that will receive funding under this award to conduct Page: 14 of 21 forensic DNA analyses is not a member of NDIS, 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 (1) 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 less than once every two years, that demonstrate compliance with the requirements of the Quality Assurance Standards for DNA Databasing Laboratories established by the Director of the Federal Bureau of Investigation. The recipient shall ensure that any DNA analyzed with funding under this award are analyzed using commercially available PCR kits accepted by NDIS. The recipient shall also ensure that all DNA profiles obtained from DNA database samples with funding from this award are entered into CODIS within a reasonable timeframe of completion of analysis and uploaded into NDIS. The recipient agrees to notify BJA 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. 32 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 BJA 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 BJA promptly if the recipient receives new State or local government funding for any of the purposes included in the approved application for this award. 33 The recipient agrees to notify BJA 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 award above and beyond those that will be analyzed using funds from other sources. If applicable, the recipient agrees to notify BJA 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 award, above and beyond those that can be analyzed or reviewed using funds from other sources. 34 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 of 2 C.F.R. 200.307, including as applied to the BJA DNA Capacity Enhancement for Backlog Reduction Program (also known as the DNA "CEBR" 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 BJA DNA Capacity Enhancement for 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 program solicitation. The recipient understands and agrees that program income that is earned during the final one hundred and twenty (120) days of the award period may, if appropriate, be obligated (as well as expended) for permissible uses during the one hundred and twenty-day (120-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 one hundred and twenty (120) days of the end of the award period must be returned to OJP. 35 The recipient understands and agrees that, throughout the award period, it must promptly notify BJA if it either starts or stops charging fees for DNA testing services, or if it revises its method of allocating fees received for DNA testing services to program income. Notice must be provided in writing to BJA grant manager for the award within ten (10) Page: 15 of 21 business days of implementation of the change. 36 Absent prior express written approval from BJA, 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.) 37 Semiannual progress report narratives The recipient agrees that its semiannual progress report narratives will include the following: (1) a summary of project goals for the award; (2) the award activities performed during the reporting period; (3) the effects of such award activities toward achieving each project goal for the award; (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 award. 38 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 award, which shall include a comparison of pre-award and post-award DNA-forensic capacity and take into account cumulative performance measurement data. The final report is due no later than 120 days following the close of this award period or the expiration of any extension periods. This report will be submitted to the Office of Justice Programs, on-line through the Internet at https:// grants.ojp.usdoj.gov/ . 39 Performance measurement information and data reporting. The award recipient agrees to report quarterly, semi-annual and final report performance measurement information and data, along with supporting documentation, according to the instructions specified in the BJA DNA Capacity Enhancement for Backlog Reduction Program and at https:// ojpsso.ojp.gov (the performance measurement internet site), or any superseding guidance communicated by OJP. These performance measurement information and data will be submitted to the Office of Justice Programs, on-line through the Internet at https://ojpsso.ojp.gov/. Reported information and data should be complete, accurate, and timely. For the purposes of performance measurement 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; 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. If the recipient uses award funds for procurement contracts to private accredited DNA laboratories for analysis of forensic DNA casework samples or DNA database samples, 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. The recipient shall ensure that all required performance measurement information and data are collected throughout the award period. 40 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. 41 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient’s Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/ Page: 16 of 21 training-entity-management. 42 Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 43 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. 44 The recipient agrees to submit to BJA for review and approval any curricula, training materials, proposed publications, reports, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. Any written, visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. 45 The recipient shall transmit to the BJA grant manager copies of all official award-related press releases at least ten (10) working days prior to public release. Advance notice permits time for coordination of release of information by BJA where appropriate and to respond to press or public inquiries. 46 The recipient agrees to budget funds for up to three staff representatives to attend one two-day national meeting in Washington, D.C. each year for the life of the grant. In addition, the recipient agrees to participate in BJA training events, technical assistance events, or conferences held by BJA or its designees, upon request. 47 The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS. 48 The Project Director and/or any other key program personnel designated in the application shall be replaced only for compelling reasons. Successors to key personnel must be approved by OJP, and such approval is contingent upon submission of appropriate information, including, but not limited to, a resume. Changes in program personnel, other than key personnel, require only notification to OJP and submission of resumes, unless otherwise designated in the award document. 49 Limit on use of grant funds for grantees' employees' salaries With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any Page: 17 of 21 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. 50 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, 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). 51 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 of a completed EA, it will inform BJA 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 BJA, 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 a BJA-conducted environmental impact review process. 52 The recipient is authorized to incur obligations, expend and draw down funds, in an amount not to exceed 25% of the total amount of the award. None of these funds may be used to acquire chemicals, or implement a project involving the use of chemicals, such as testing of evidence, while this condition remains on the award. The recipient is not authorized to incur any additional obligations, or make any additional expenditures or drawdowns until the program office has verified that the recipient has submitted all necessary documentation required to comply with Department of Justice Environmental Impact Review Procedures found at 28 CFR Part 61, Appendix D, OJP has reviewed and approved the documentation, and an Award Condition Modification (ACM) has been issued removing this condition. 53 Recipient may not obligate, expend, or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Budget Narrative portion of the application and has issued an Award Page: 18 of 21 Condition Modification (ACM) informing the recipient of the approval. 54 Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Program Narrative portion of the application and has issued an Award Condition Modification (ACM) informing the recipient of the approval. [ ] I have read and understand the information presented in this section of the Federal Award Instrument . Award Acceptance Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise. Agency Approval Title of Approving Official Deputy Assistant Attorney General Name of Approving Official Maureen Henneberg Signed Date And Time 9/6/23 10:52 AM Authorized Representative Entity Acceptance Title of Authorized Entity Official Oakland County Commission Chairman Signed Date And Time Page: 19 of 21 Page: 20 of 21 Page: 21 of 21 Purpose Area #4 A. Personnel Name Position List each name, if known.List each position, if known. Forensic Biologist 14 yearly $97,405 $0 $97,405 Forensic Biologist 14 yearly $97,405 $0 $97,405 Forensic Biologist 14 yearly $92,036 $0 $92,036 $286,846 $0 $286,846 Narrative B. Fringe Benefits List each grant-supported position receiving fringe benefits.Show the basis for computation. Base Rate Total Cost Non-Federal Contribution Federal Request Total(s) The Oakland County Sheriff's Office (OCSO) requests continuation funding for three DNA analyst positions established with prior-year CEBR funding. Adjustments are made to account for projected FY 2025 cost of living and step increases, as appropriate, for projected salaries of $97,405 (two positions) and $92,036 (one position) during the second year of the award period. Wages are prorated at these salaries for 12 months (one year), through September of 2025, as accounted for in the Time Worked column. All positions remain 100% federally funded and fully dedicated to OCSO’s primary objective of processing crime scene samples for CODIS entrry. A total budget of $286,846 is established for Personnel costs in the second year of the award period. Name Computation $92,036.00 1 100% Show annual salary rate & amount of time devoted to the project for each name/position. Salary Rate Time Worked (# of hours, days, months, years) Percentage of Time Total Cost Non-Federal Contribution Federal Request $97,405.00 1 100% $97,405.00 1 100% Budget Detail - Year 2 Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? - Y/N No (DOJ Financial Guide, Section 3.10) Computation 1 Purpose Area #4 $50,271 $0 $50,271 $42,700 $0 $42,700 $48,246 $0 $48,246 $141,217 $0 $141,217 Narrative C. Travel Purpose of Travel Type of Expense Basis Indicate the purpose of each trip or type of trip (training, advisory group meeting) Lodging, Meals, Etc.Per day, mile, trip, Etc. Mandatory DOJ Training Transportation Round-trip $500.00 1 3 1 $1,500 $0 $1,500 Mandatory DOJ Training Lodging Night $258.00 2 3 1 $1,548 $0 $1,548 Mandatory DOJ Training Meals Day $79.00 3 3 1 $711 $0 $711Washington, DC Area Washington, DC Area Washington, DC Area Indicate the travel destination.Compute the cost of each type of expense X the number of people traveling. Cost Quantity # of Staff # of Trips Total Cost Non-Federal Contribution Federal Request Total(s) Fringe benefits are calculated at a percentage of salary for each position, as follows: FICA (7.65%), Unemployment (0.10%), Workers’ Compensation (1.06%), Retirement (27%), Group Life/Accident (0.26%), Disability (1.60%), and Medical/Dental/Vision Insurance (13.94%) for a total of 51.61%. FICA (7.65%), Unemployment (0.10%), Workers’ Compensation (1.06%), Retirement (27%), Group Life/Accident (0.26%), Disability (1.60%), and Medical/Dental/Vision Insurance (6.17%) for a total of 43.84%. FICA (7.65%), Unemployment (0.10%), Workers’ Compensation (1.06%), Retirement (27%), Group Life/Accident (0.26%), Disability (1.60%), and Medical/Dental/Vision Insurance (14.75%) for a total of 52.42%. Total Fringe Benefits costs of $141,210 are budgeted for the second year of the award period. Location Computation $92,036.00 52.42% $97,405.00 43.84% $97,405.00 51.61% 2 Purpose Area #4 Mandatory DOJ Training Other N/A $175.00 1 3 1 $525 $0 $525 $4,284 $0 $4,284 Narrative D. Equipment $0 $0 $0 $0 $0 Narrative Total(s) List and describe each item of equipment that will be purchased Compute the cost (e.g., the number of each item to be purchased X the cost per item) # of Items Unit Cost Total Cost Non-Federal Contribution Federal Request Washington, DC Area Total(s) A travel budget is established for project personnel to attend mandatory DOJ training in the Washington, D.C. metro area in 2025. Because GSA rates are not yet available for the second year of the award period, travel costs are estimated at FY 2023 rates for planning purposes. Airfare is budgeted @ $500/person, lodging @ $258/night, meal per diem @ $79/day, and miscellaneous travel costs (airport parking, baggage fees, taxi/shuttle/ride share, etc.) @ $175/person for three attendees. A total budget of $4,284 is budgeted for Travel costs in Year 2 . Item Computation 3 Purpose Area #4 E. Supplies $0 $0 $0 $0 $0 Narrative F. Construction Purpose Provide the purpose of the construction Describe the construction project(s)Compute the costs (e.g., the number of each item to be purchased X the cost per item) # of Items Cost Total Cost Non-Federal Federal Total(s) Description of Work Computation Provide a list of the types of items to be purchased with grant funds.Describe the item and the compute the costs. Computation: The number of each item to be purchased X the cost per item. # of Items Unit Cost Total Cost Non-Federal Contribution Federal Request Supply Items Computation 4 Purpose Area #4 $0 $0 $0 $0 $0 Narrative $0 $0 $0 $0 Purpose of Travel Indicate the purpose of each trip or type of trip (training, advisory group meeting) $0 $0 Federal RequestCost Duration or Distance # of Staff Total Cost Non-Federal Contribution Total(s) Consultant Travel (if necessary) Location Type of Expense Computation Indicate the travel destination.Hotel, airfare, per diem Compute the cost of each type of expense X the number of people traveling. Total Cost Non-Federal Contribution Federal Request Description Purpose Consultant? Provide a description of the activities to be carried out by subrecipients.Describe the purpose of the subaward (subgrant) Is the subaward for a consultant? If yes, use the section below to explain associated travel expenses included in the cost. Total(s) G. Subawards (Subgrants) # of Items Cost Total Cost Contribution Request 5 Purpose Area #4 $0 $0 $0 Narrative $0 $0 $0 $0 Purpose of Travel Indicate the purpose of each trip or type of trip (training, advisory group meeting) $0 $0 Indicate the travel destination.Hotel, airfare, per diem Compute the cost of each type of expense X the number of people traveling. Cost Duration or Distance # of Staff Total Cost Non-Federal Contribution Federal Request Total(s) Consultant Travel (if necessary) Location Type of Expense Computation Federal Request Provide a description of the products or services to be procured by contract and an estimate of the costs. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole source procurements in excess of the Simplified Acquisition Threshold (currently $150,000). Describe the purpose of the contract Is the subaward for a consultant? If yes, use the section below to explain associated travel expenses included in the cost. Total Cost Non-Federal Contribution Total H. Procurement Contracts Description Purpose Consultant? 6 Purpose Area #4 $0 $0 $0 Narrative I. Other Costs $0 $0 $0 $0 $0 Narrative Total(s) Federal RequestQuantityBasisCostLength of Time Total Cost Non-Federal Contribution Total Description Computation List and describe items that will be paid with grants funds (e.g. rent, reproduction, telephone, janitorial, or security services, and investigative or confidential funds). Show the basis for computation 7 Purpose Area #4 J. Indirect Costs $0 $0 $0 $0 $0 Narrative Total(s) Description Computation Describe what the approved rate is and how it is applied.Compute the indirect costs for those portions of the program which allow such costs. Base Indirect Cost Rate Total Cost Non-Federal Contribution Federal Request 8 Budget Summary A. Personnel $0 $0 $286,846 $0 $0 $0 $0 $0 $0 $0 $286,846 B. Fringe Benefits $0 $0 $141,217 $0 $0 $0 $0 $0 $0 $0 $141,217 C. Travel $0 $0 $4,284 $0 $0 $0 $0 $0 $0 $0 $4,284 D. Equipment $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 E. Supplies $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 F. Construction $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 G. Subawards (Subgrants)$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 H. Procurement Contracts $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 I. Other $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Direct Costs $0 $0 $432,347 $0 $0 $0 $0 $0 $0 $0 $432,347 J. Indirect Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Project Costs $0 $0 $432,347 $0 $0 $0 $0 $0 $0 $0 $432,347 Budget Summary Note: Any errors detected on this page should be fixed on the corresponding Budget Detail tab.Non-Federal RequestTotal(s)Federal RequestYear 1 Year 2 (if needed)Federal RequestNon-Federal RequestYear 3 (if needed)Federal RequestNon-Federal RequestYear 4 (if needed)Federal RequestNon-Federal RequestDoes this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? - Y/N No Year 5 (if needed)Federal RequestNon-Federal RequestBudget Category 1