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HomeMy WebLinkAboutExhibit 4Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBER 2007-DN-BX-K123 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office ofJustice Programs (OJP) Financial Guide. AWARD CONTINUATION SHEET Cooperative Agreement AWARD DATE 09/12/2007 ,.... - �. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. Due to the substantial Federal involvement contemplated in completion of this project, the National Institute ofJustice (NIJ) has elected to enter into a cooperative agreement rather than a grant. This decision is based on NIJ's ongoing responsibility to assist and coordinate projects that deal with DNA analysis and capacity enhancement. N1J will provide input and re -direction to the program, as needed, in consultation with the Recipient, and will actively monitor the project by methods including but not limited to ongoing contact with the Recipient. In meeting programmatic responsibilities, NIJ and the Recipient will be guided by the following principles: Responsibility for the day-to-day operations of this project rests with the Recipient in implementation of the Recipient's approved proposal, the Recipient's budget (as approved by OJP and NIJ), and the terms and conditions specified in this award. Responsibility for general oversight and redirection of the project, if necessary, rests with NIJ. In addition to its programmatic reporting requirements, the Recipient agrees to provide necessary information as requested by OJP and NIJ. These information requests may include, but are not limited to specific submissions related to: performance, including measurement of project outputs/outcomes; meeting performance specifications; developmental decision points; changes in project scope or personnel; budget modifications and/or coordination of related projects. 6. Unless otherwise authorized by NIJ, expenses charged to this award must directly relate to: (a) identification, review, and prioritization of Uniform Crime Report (UCR), Part 1 Violent Crime "cold cases" (cases for which all significant investigative leads have been exhausted) that have the potential to be solved through DNA analysis; (b) identification, collection, retrieval, or evaluation of biological evidence from such cases that reasonably is expected to contain DNA; or (c) performance of DNA analyses on such biological evidence. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs National Institute of Justice AWARD CONTINUATION SHEET Cooperative Agreement PAGE 3 OF 6 PROJECT NUMBER 2007-DN-BX-K123 AWARD DATE 09/12/2007 SPECIAL CONDITIONS 7- (a) Accreditation and Privacy Requirements; CODIS; No Research The Recipient shall ensure that each DNA analysis conducted under this award will be performed either (I) by accredited government -owned laboratories, or (2) through an accredited fee -for -service vendor. The 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 laboratory must undergo external audits not less than once every 2 years that demonstrate compliance with the DNA Quality Assurance Standards established by the Director of the FBI. The Recipient shall maintain each DNA analysis conducted under this award, and each stored DNA sample that results from this award, in accordance with the privacy requirements and restrictions on disclosure described in 42 U.S.C. section 14132(b)(3). The Recipient agrees to notify NIJ immediately upon any change in the accreditation status of any of its forensic science laboratories, if applicable. 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 (COD1S), and, where applicable, uploaded to the National DNA Index System (NDIS). 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 Pan 22 or for research as defined by 28 CFR Part 46. Any questions concerning this provision should be directed to the NIJ Program Manager for the award. (b) Nonsupplanting of State or Local Funds The Recipient shall ensure that Federal funds made available through this award will not supplant State or local 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 sources for activities funded through this award. The Recipient agrees to notify N1J immediately if the Recipient receives new State or local funding for any of the purposes included in the approved application for this award. (c) Data collection 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. 8. The recipient agrees to submit quarterly financial status reports to the Office of Justice Programs using Standard Form SF 269A on the Internet at https://grants.ojp.usdoj.gov . These reports shall be submitted on-line not later than 45 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the grant period. 9. 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 Intemet at https://grants.ojp.usdoj.gov/. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBER 2007-DN-BX-K123 AWARD CONTINUATION SHEET Cooperative Agreement AWARD DATE 09/ 12/2007 PAGE 4 OF 6 SPECIAL CONDITIONS 10. The Recipient shall submit a report within 90 days of the end of the award period that, at a minimum, (1) includes a summary and assessment of the program carried out with the funds made available under this Fiscal Year 2007 award and (2) cites the number of additional violent crime cold cases reviewed for DNA evidence, the number of such cases in which biological evidence still existed, the number subjected to DNA analysis, the number that yielded DNA profiles, the number of resulting profiles entered into CODIS, and the number of CODIS hits as a result of the Fiscal Year 2007 award. The Recipient shall ensure that all data and information necessary for the report is collected throughout the award period. 11. Patents and Inventions. The clauses at 37 C.F.R. section 401.14 (together, the "Patents Rights Clause") are incorporated by reference, with the following modifications. (1) Where italicized, the terms "contract," "contractor," and "contracting officer" are replaced, respectively, by the terms "award," "award recipient," and "OJP program manager"; (2) Patent Rights Clause paragraph (f) is modified by adding the following at the end: "(5) The award recipient agrees to provide a report prior to the close out of the award listing all subject inventions or stating that there were none. (6) The award recipient agrees to provide, upon request, the filing date, patent application number and title; a copy of the patent application; and patent number and issue date for any subject invention in any country in which the award recipient has applied for a patent.'; (3) Patent Rights Clause paragraph (g) is modified to read as follows: "(g) Subawards and Subcontracts "The award recipient will include this Patent Rights Clause, suitably modified to identify the parties, in all subawards and subcontracts, regardless of tier, for experimental, developmental, or research work. The subaward recipient or subcontractor will retain all rights provided for the award recipient in this clause, and the award recipient will not, as a part of the consideration for awarding the subaward or subcontract, obtain rights in the subaward recipient's or subcontractor's subject inventions."; and (4) Patent Rights Clause paragraph (1) is modified to read as follows: "(1) Communications "Communications on matters relating to this Patent Rights Clause should be directed to the General Counsel, Office of Justice Programs, United States Department of Justice.". With respect to any subject invention in which the award recipient, or a subaward recipient or subcontractor, retains title, the Federal govemment shall have a nonexclusive, nontransferable, irrevocable, paid -up license to pr2ctice or have practiced for or on behalf of the United States the subject invention throughout the world. 12. The recipient shall transmit to the grant monitor copies of all official grant -related press releases at least ten (10) 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. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office ofJustice Programs National Institute of Justice OJECT NUMBER 2007-DN-BX-K123 AWARD CONTINUATION SHEET Cooperative Agreement AWARD DATE 09/12/2007 PAGE 5 OF 6 SPECIAL CONDITIONS 13, The Project Director and key program personnel designated in the application shall be replaced only for compelling reasons and with the concurrence of OJP. OJP will not unreasonably withhold concurrence. All successors to key personnel must be approved, and such approval is contingent upon submission of appropriate information, including, but not limited to, a resume. Changes in other program personnel require only notification to OJP and submission of resumes, unless otherwise designated in the award document. 14. 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 may require the preparation of an environmental assessment (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 Environmental Assessment (EA), it will inform NIJ of (l) any change(s) that it is considering making to the previously assessed activity; (2) any changed circumstances, such as a change in the project site's conditions; or (3) any significant new information. The Recipient will not implement a proposed change until NIJ, with the assistance of the Recipient, has determined whether the proposed change will require additional review under NEPA. Likewise, in the case of new circumstances or information arising, NIJ, with the assistance of the Recipient, will determine if any additional environmental impact analysis is necessary. The approval will not be unreasonably withheld as long as any requested modification(s) is consistent with eligible program purposes and found acceptable under an NIJ-conducted environmental impact review process. 15. Recipient acknowledges that the Office ofJustice Programs 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) the copyright in any work developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. Recipient acknowledges that the Office ofJustice Programs has the right to (1) 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. 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. 16. To assist in information sharing, the grantee shall provide the grant manager with a copy of all interim and final reports and proposed publications (including those prepared for conferences and other presentations) resulting from this agreement. Submission of such materials prior to or simultaneous with their public release aids NIJ in responding to any inquiries that may arise. Any publications (written, visual, or sound) - excluding press releases and newsletters - whether published at the grantee's or government's expense, shall contain the following statement: This project was supported by Award No. awarded by the National Institute ofJustice, Office of Justice Programs, U.S. Department of lusti::e: 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. NIJ defines publications as any planned, written, visual or sound material substantively based on the project, formally prepared by the grant recipient for dissemination to the public. OJP FORM 4000/2 (REV. 4-88) Department ofJustice Office ofJustice Programs National Institute of Justice PROJECT NUMBER 2007-DN-BX-K123 AWARD CONTINUATION SHEET Cooperative Agreement AWARD DATE 09/12/2007 PAGE 6 OF 6 SPECIAL CONDITIONS 17. Pursuant to 28 C.F.R. Part 18, OJP may suspend or terminate funding under this award, at any time before the completion of the project funded by this award, for the recipient's failure to comply with these special conditions or with the projects goals, plans and methodology set forth in the approved application. The recipient will be unable to draw down funds until OJP determines that the recipient is in compliance. 18. The recipient agrees not to 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 and a Grant Adjustment Notice has been issued removing this condition. 19. The Recipient may not commence activities under this award, and may not to obligate, expend, or draw down any funds, until: (a) the Office of the Chief Financial Officer, Office ofJustice Programs, has issued clearance of the application budget and budget narrative; (b) NIJ has verified that the Recipient's proposed use of funds meets the requirements set forth in the program announcement and in this award; and (c) a Grant Adjustment Notice (GAN) has been issued removing this condition. O1P FORM 4000/2 (REV. 4-88)