2009/09/16 Council Agenda Packet

4�i Department of Justice `' Office of Justice Programs AWARD CONTINUATION �, SHEET PAGE 4 OF 5 Bureau of Justice Assistance .•} vF ;;r,•_ Grant PROJECT NUMBER 2009-DJ-EX-0938 AWARD DATE 08212009 SPECIAL CONDITIONS 10. The grantee agrees to comply with all reporting,data collection and evaluation requirements,as prescribed by law and detailed by the BJA in program guidance for the Justice Assistance Grant(JAG)Program. Compliance with these requirements will be monitored by BJA. 11. The recipient agrees that any information technology system fimded or supported by OJP funds will comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R.Part 23 to be applicable,OW may,at its discretion,perform audits of the system,as per the regulation. Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 12. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period.This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds.In addition,the recipient agrees to maintain an administrative file documenting the meeting of this requirement For a list of State Information Technology Points of Contact,go to http://www.it.ojp.gov/defaultaspx?area'poicyAndPractice&page=104fi_ 13. The grantee agrees to comply with the applicable requirements of 28 C.F.R.Part 38,the Department of Justice regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation").The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities,such as worship,religious instruction,or proselytization.Recipients of direct grants may still engage in inherently religious activities,but such activities must be separate in time or place from the Department of Justice fundedprogram,and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion_ Notwithstanding any other special condition of this award,faith- based organizations may,in some circumstances,consider religion as a basis for employment See http://www.ojp.gov/about/ocr/equal fbo.htm. 14. The recipient acknowledges that all programs funded through subawards,whether at the state or local levels,must conform to the grant program requirements as stated in BJA program guidance. 15. Grantee agrees to comply with the requirements of 28 C.F.I.Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent. 16. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C.section 3789g and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.Grantee further agrees,as a condition of grant approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular, section 22.23. 17. The recipient agrees that funds received under this award will not be used to supplant State or local funds,but will be used to increase the amounts of such funds that would,in the absence of Federal funds,be made available for law enforcement activities. OJP FORM 40002(REV.4-88) 110