ORANGE COUNTY SHERIFF’S DEPARTMENT (3)

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U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECTNUaIBER 20I3-DJ-M-082D AWARD CONTINUATION SFI&ET Grant i AWARD DAIS ❑I 2018 SPECUL CONDITIONS PAGE 21 OF 23 57. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or afar October 1, 2017 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2017), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs arc incurred at the recipient's tick until, at a minimum— (1) the recipient stakes a valid acceptance of the award, and (2) all applicable withholding conditions me removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award documeut that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and OR removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk' earlier during the period of performance (such as project costs incurredprior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient (or any subreciptent at any tier) to use award funds to "supplant" Sntte or local funds in violation of the recipient's certification (executed by the chief executive of the State or local government) that federal funds 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. 58. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated order this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from BJA, Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA pmfdes may be accepted for entry into CODIS. 59. Threepemeatset-sideforNIBRScompliancc The recipient must ensure that at least 3 pereent of the total amount of this award is dedicated to achieving full compliance with the FBI's National Incident -Based Reporting System (NIBRS), unless the FBI or appropriate Stara official has certified that the recipient locality is already NIBRS compliant, and evidence of this has been submitted to and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate what projects will be supported by this 3 percent set -aside, unless evidence of NIBRS compliance has been submitted to and approved by BJA. Recipients serving as fiscal agents for "disparate jurisdictions," (as defined at 34 USC 10156(d)(4)) have to pass this requirement through to in subawmds to other localities in the disparatejurisdicflon, so .that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance, unless, with respect to each locality in the disparate jurisdiction group, evidence of NIBRS compliance has been submitted to and approved by BJA. OR FORM 401A2 (REV. 4-88)