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HomeMy WebLinkAboutContracts & Agreements_4-2011_CCv0001.pdf SUB AGREEMENT BETWEEN CIT`(OF REDLANDS AND GEORGE MASON UNIVERSITY This Agreement("`Agreement') is entered into by and between the CITY OF REDLANDS("REDLANDS"), in the State of California and GEORGE MASON UNIVERSITY("MASON"), an educational institution and agency of the Commonwealth of Virginia. WHEREAS,the NATIONAL INSTITUTE OF JUSTICE("Funding Agency") has awarded the CITE"OF REDLANDS a contract for the project titled, "Developing an iP'hone Based Crime Mapping Application to Assist Law Enforcement Officers with Understanding Spatial and Temporal Crime Patterns".Award No, 2010-DE-BX-KO06,("Prime Award"); and WHEREAS, Mason has proposed to collaborate with Redlands on the Prime Award; NOW, THEREFORE, in consideration of the mutual promises and benefits hereunder and Cather good' and valuable consideration,the parties mutually agree to all of the fallowing,: I. STATEMENT OF WORK Mason agrees to perform the work described in the Statement of Work;. A summary of the work to be performed is attached as Attachment 1, incorporated herein. 2. TERM AND TERMINATION A. The period of performance("Term")shall begin on January 1,2011, and shall not extend beyond' December 31, 2012, ('End bate"), unless mutually agreed in writing by both parties.. B. Any extension, continuation,or further funding of this Agreement beyond the End Date shall be subject to: i. appropriate time extension approvals by Redlands or the Funding Agency, as;applicable; and ii, continuation by the Funding Agency of the Prime Award and authorization by the Funding Agency of specific Rinds for the Mason's portion of the work, C. This Agreement may be terminated; r, any time the Prime Award is terminated by the Funding Agency, and Mason receives from Redlands written notice to that effect; or ii♦ if Mason fails to perform any obligation under this Agreement, Redlands gives Masora thirty (30)days written notice of pending termination, and Masan fails to cure or correct said deficiency within such thirty:day period, or such period as the parties may mutually agree in writing; or iii; without cause by either party, by giving at least thirty (3 ) days advance written notice to the other party prior to the End Date of this Agreement. D. In the event of termination, Redlands shall reimburse Mason for actual casts incurred up to the date of termination, and for any non-cancelable commitments and obligations made prior to the date of notice of such termination. Reimbursement shall be made in accordance with sections and 6 of this.Agreement, 3. BUDGET A. This is a cost reimbursable agreement. The not to exceed budget in the amount of$123;629 [$61,086.00(project year one)and $62,743.00(project year two))for Mason's performance under this Agreement is provided in Attachment 2, incorporated herein. B. Total expenditures for Mason's performance shall not exceed the budgeted amount stated in Attachment 2, except as provided in section C of this paragraph. C. Additional funds not allocated in Attachment 2 may be awarded to Mason if mutually agreed to in writing by Doth parties, Any such additional fiends shall be subject to availability from Redlands or the Funding Agency; To apply for additional funds under this paragraph, Mason shall at any time during the Term of this Agreement, submit one copy of the proposed budget changes to the Redlands Administrative Contact identified in;section (B)of this Agreement- Revised greement-Revis d 12.10 Rage 1 of 22 4.ALLOWABLE COSTS The allowability of assts under this Agreement shall be determined in accordance with: A. the provisions of the Prime Award; and Subcontracts with Educational Institutions—FAR, Subpart 31.3; Subcontracts with- Nonprofit Organizations-FAR,Subpart 31.7; or Subcontracts with Commercial Organizations—FAR, Subpart 31,2, as applicable. 5FPAYMCNT A. Mason may submit invoices to Redlands not more than once per month and Redlands shall reimburse Mason only for actual costs incurred on the project, not to exceed budget in the amount of$123,829[$61,086,00(project year one)and $62,743.00(project year two)j. Invoices will cite the project titled, `�Develdping ars iPhone Based Crime Mapping Application to Assist Law Enforcement Officers with Understanding Spatial and Temporal Crime Patterns",Award No. 2010-DE-BX-KO06 and will be sent to the Administrative Contact identified in section7(B)of this Agreement, B. Redlands agrees to make payments within 39 days of receipt of a properly submitted invoice, C. Redlands agrees that failure to make payments as contemplated herein may result in any unpaid balance being referred to a collection agency. Redlands agrees to pay all attorney's fees and other costs and charges that are necessary for the collection of any amount not paid when due. Redlands agrees that should it fail to make payment of any installment within 60 days of any date an installment is due, the entire amount, including unpaid installments, may be accelerated and become immediately due and payable, at the option of Mason. 6. KEY PERSONNEL A. Redlands's Project Director is its Chief of Police, who shall be responsible for the overall' direction and coordination of the work to be performed under this Agreement and the Prime Award. All correspondence or notices of a technical or programmatic matter related to this Agreement shall be forwarded to Redlands Chief of Police at the below referenced address. B. Mason's principal Investigator responsible for the conduct of the work related to this Agreement is Dr. ®avid Weishurd. Any correspondence or notices of a technical or programmatic matter related to this Agreement shall be forwarded to him/her. Should Mason's Principal Investigator become unavailable, Mason shall propose a substitute principal investigator subject to approval in writing by Dr. Welsburd and the Funding Agency: Redlands MASON Chief of police Dr- David Weisburd Redlands Police Department Distinguished Professor P.0, Box 1626 Administration of Justice Redlands;CA 92373 George Mason University` 4400 university Drive, MSN 4F4 Phone: 909-798-7661 Fairfax„VA 22030 Fax: 909-798-7676 Phone: 703-993-4079 Email:jinn.bueerrnann@rediandspolice.or Fax: 763-993-8316 Entail: dweisbuL@gmu.edu ' . NOTICES AND CORRESPONDENCE All administrative, contractual, and business notices required by this Agreement shall be made in writing andsent prepaid by certified mail to the person and address of the Redlands Administrative Contact and Mason Contact identified below, as applicable:. REDLAND S MASON Travis Taniguchi, Ph.D. Ethenia"Tippi" Phillips Criminologist., Contracts:Administrator Revised 12-10 Page 2 of 22 Redlands Police Department Office of Sponsored Programs P.O. Box 1025 George Meson University Redlands; CA 92373 4400 University Drive, MSN SIC Fairfax,VA 22030 Phone: 909-557-6972 Phone: 703-993-421 FAX 909-798-7675 FAX: 703-993-2296 Email: ttaniguchi@rediandspolice.org Email: tphilligQgmu.edu 8 AUDIT AND COMPLIANCE The provisions of the Single Audit Act of 1984, or OMB Circular A-128(Audits of State and Local Governments), or OMB Circular A-133(Audits of Institutions of Higher Education and Other Non- Profit Institutions), as applicable, shall apply to this Agreement. If Mason is an Institution of higher Education or Non-Profit entity, it shall assure Redlands that it complies with A-133. It shall notify Redlands of the completion of required audits and any adverse findings which impact this subaward. For-Profit entities' surveys,audits, and examinations shall conform to the Government:Auditing Standards issued by the Comptroller of the United States and any guidelines issued by the Funding Agency. 9. EQUIPMENT ACCOUNTABILITY AND DISPOSITION Any and all equipment purchases pursuant to this Agreement shall be treated in accordance'with the provisions of the Prime Award in effect on the date of execution of this Agreement, except a modified by this Agreement. 10. LIABILITY AND INSURANCE A. Meson is a State agency and is self-insured by the Risk Management Plan of the Commonwealth of Virginia for all claims up to the maximum provided by the Code of Virginia. B. To the extent provided by the laws of the Commonwealth of Virginia, Mason shall be responsible for the ordinary negligent acts or omissions of its agents and employees causing harm to persons not a party to this Agreement. Redlands shall be responsible for the ordinary negligent acts or omissions of its agents and employees causing harm to persons not a party to this Agreement. 11. PUBLICITY AND USE OF NAME A. Any and all nevus releases, advertising, promotion, sales literature,or other publicity released b either pasty concerning this Agreement, shall be subject to prier written approval of the other party, and subject to the prior written approval of the Funding Agency,as appropriate. Any such publicity shall credit the contributions of each party. B. Neither party shall use the name, insignia, or trademark of the other party, nor any adaptation thereof, nor the names of any of its employees in any advertising, promotion or sales literature without the written consent of the other party. 12.INTELLECTUAL PROPERTY A. Mason and Redlands agree to report promptly and fully to each other any research results including but not limited to inventions, improvements, discoveries, or developments which may be patentable or copyrightable resulting from this mutual collaboration.: The receiving party shall hold such disclosure on a confidential basis and will not disclose the information to any third party without consent of the disclosing party. B. As a general principle,any invention, improvement,discovery, or developments arising from this agreement whether patentable,copyrightable or not,which are made by employees of Redlands shall belong to Redlands and those made by employees of Mason shall belong to Mason. C. Due to the close interaction of Mason and Redlands researchers and the collaborative nature of this team effort,it may be impossible to identify or separate the contributions of each party. In such cases. inventorship shall be determined by legal means,and in cases where inventors are from both Mason and Redlands, title to the intellectual property shall be held jointly. Mason and Redlands agree to negotiate in good faith a license agreement to allow for effective commercialization of jointly held intellectual property. D. It is possible that Mason or Redlands may possess rights in background intellectual property,that is, intellectual property not otherwise subject to this agreement,which would be useful or essential to the Revised 12-10 Page 3 of 22 practice or commercialization of the results of projects arising from this agreement. Where Redlands and Mason determine that background technology may exist, Mason and Redlands will use reasonable efforts to negotiate licensing rights that will allow the practice and commercialization of these results. 13. SUBCONTRACTING Except as may be provided elsewhere in this Agreement; Mason shall not enter into any sub- agreements,in whole or in part,without the prior written approval of Redlands,>and subject to such conditions Redlands may require, Purchase{orders and other routine expenditures are not subject to this provision. 14._ REPORTS A. Mason shall provide reports as required by Redlands's Project Director, including but not limited to a final report due thirty(30)days prior to the End Date of this Agreement. E3. Mason shall submit reports of expenditures and a final report regarding the subcontracted activities to Project Director within sixty(60)days after the termination of this Agreement. C. All Reports shall be submitted to Redlands's Project Director at the address identified in Section 7(A)of this Agreement. 15. RECORDSIRECORDS RETENTION: A. Fiscal Records-Masonshallmaintain such books, records, documents, and other evidence; accounting procedures, and practices;sufficient to reflect properly all direct and indirect costs o whatever nature it claims to have incurred for the performance of this Agreement. S. Technical Records-Mason shall keep clear and accurate records of the procedures conducted and data collected throughout the Term so that the progress of the project may be readily evaluated at any time by Redlands's Project Director, Ce Audit of Books-Financial reports, supporting documents and other records related to this Agreement shall be retained by Mason for a period of three(3)years from the date of ficial payment except that records that relate to audits, appeals, litigation or the settlement of claims arising out of performance of this Agreement shall be retained until such audits, appeals, litigation or claims have been disposed of. 16.RELATIONSHIP The relationship of the parties to each other is solely that of independent contractors. Neither party shall be considered an employee, agent, partner or fiduciary of the other except for such purposes a maybe specifically be enumerated herein, noir shall anything contained in this Agreement b construed to create any partnership or joint venture between the parties_ Mason shall not enter into any agreement or incur any obligations on Redlands's behalf, or commit Redlands in any manner without Redlands's prior written consent. 17. PUI3LI'CATION Publication of Results--Mason is encouraged to publish the results of this research project. All research reports and other publications relating to the work under or as a result of this Agreement shall; i:;bear proper acknowledgment of the support provided by the Prime Award from the Funding Agency; ii:ensure that Redlands and the Funding Agency have a royalty-free, non-exclusive and irrevocable right to reproduce, publish or otherwise use,and to authorize others to use, any copyrightable material that is developed under and as a result of this Agreement. 18.STANDARDS OF WORK Mason agrees that the performance of the work and services of this Agreement shall conform to the highest professional standards,. 19 GOVERNING LAW This agreement shall be enforced and interpretedunder the laws of the Commonwealth of Virginia. All disputes arising under this Agreement shall be brought before a proper state court in the Commonwealth of Virginia. Revised 12-10 Page 4 of 22 20.SOVEREIGN IMMUNITY Nothing in this Agreement shall be deemed a waiver of the sovereign immunity of the Commonwealth of Virginia, 21, WAIVER A. The failure of a party to enforce any provision in this Agreement shall not be deemed a waiver of such right. S. No waiver of any right under this Agreement shall be effective unless agreed to in writing by both parties, 22.ASSIGNMENT Neither party shall assign or otherwise transfer its rights or delegate its obligations under this Agreement without both parties' prior written consent. Any attempted assignment, transfer, or delegation without such consent is void, All of the terms and provisions of this Agreement are binding upon and inure to the benefit of the parties hereto and their successors and assigns. 23. SPECIAL PROVISIONS The Clauses, Certifications, and Regulations identified on Appendix A, attached hereto, are incorporated herein by reference, 24.MODIFICATIONS Any and all modifications to this Agreement, including but not limited to budget modifications and changes to the Statement of Work, shall be submitted by the Mason to the Redlands's Administrative Contact. No modification to this Agreement shall be valid without the signatures of a duly authorized representative of both parties. 26. SEVERABILITY Should any portion of this Agreement be declared invalid or unenforceable for any reason, such portion is deemed severable from the Agreement and the remainder of this Agreement shall remain fully valid and enforceable. 26.GENERAL PROVISIONS It is understood that this Agreement is awarded under a grant from Funding Agency,Attachment 3, and all applicable requirements, regulations and provisions of the Prime Award are hereby incorporated into this Agreement. 27. ENTIRETY This Agreement constitutes the entire understanding of the parties regarding the subject matter hereof, and supersedes all prior oral or written agreements regarding the subject matter hereof. IN WITNESS WHEREOF the parties have executed this Agreement on the dates set forth below to be effective as of the date first above written. For: GEORGE MASON UNIVERSITY For: CITY OF REDL ANDS By� 14 iv By: MicileylLisilkoiski PETE AGUILAR Director, Sponsored Programs Mayor,City of Redlands Date: Date: January 18, 2011 ATTEST: X ,§arn Irwin,-- City Oferk Revised 12-10 Page 5 of 22 APPENDIX A CERTIFICATIONS CLAUSES A D REGULATIONS THE FOLLOWING CERTIFICATIONS,CLAUSES,AND REGULATIONS,ARE INCORPORATED BY REFERENCE IN THIS AGREEMENT WITH THE SAME FORCE AND EFFECT AS THOUGH HEREIN SET FORTH IN FULL TEXT. REFERENCES TO REGULATIONS ARE AS OF THE DATE OF THIS AGREEMENT. A. EQUAL OPPORTUNITY Mason shall comply with all applicable provisions of state and federal constitutions, laws, regulations and judicial orders pertaining to non-discrimination and equal employment opportunity including but not limited to: 1. The Americans with Disabilities Act of 1990,42 U.S.C. § 12101 et seq_; 2. The Age Discrimination Act of 1975,42 UI&C§6101-6107;< 3. The 1991 Civil Rights Act, P.L. 102.166,42 UJ S.0§1951 et seq;, 4. The Drug Free Work Place Act of 1998, PL 100-690, Title V, Subtitle D: 5. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C; § 1681-1688;and. 6, The Equal Employment Opportunity Act, F.D. 11246, as amended by E.O. 11375, and as supplemented by regulations at 41 CFR Part 64 and 34 C.F.R Part 196. B� CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS (EXECUTIVE ORDER 12849, DEBARMENT AND SUSPENSION, 34 CFR FART 86) Mason certifies to the best of its knowledge and belief,that it and Its principals 1. Are not presently debarred,suspended, proposed for debarment,declared ineligible;or voluntarily excluded from covered transactions by any Federal department or agency; 2,. Have not within a three-year period preceding award of this Agreement been convicted of,or had a civil judgment rendered against there for commission of,fraud ora criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State or Local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement„ theft, forgery, bribery,falsification or destruction of records, malting false statements, or receiving stolen property; Are not presently indicted for or otherwise criminally charged by a governmental entity (Federal, State or Local)with commission of any of the offenses enumerated in Paragraph (2) above; and 4. Have not within a three-year period preceding award of this Agreement had one or more public transactions(Federal, State or Local)terminated for cause or default. , Is not delinquent on any Federal debt: C. ANTI-KICKBACK ACT OF 1986-The applicable provisions of the Anti-Kickback Act of 1986, 41 UJ S.0§51 et seq, as set forth in FAR 3.5132-2,FAR 3:502-3 and FAR 52.263-7 are hereby incorporated herein by reference. Mason certifies that it is in compliance with said Act. D CERTIFICATION REGARDING LOBBYING-Mason certifies,to the best of its knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Mason, to any person for influencing or attempting to influence an officer or employee of any agency;; a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making>of any Federal grant, the making of any Federal loran,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan.or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a; Member of Congress, an officer or employee of Congress„or an employee of'a Member of Congress in connection with this Federal contract, grant; loan, or cooperative agreement,the Revised 12-1 Page 6 of 22; Mason shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. Mason shall require that the language of this certification be included in the award documents for all subawards at all tiers and that all subrecipients;shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S, Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. E. CONFLICT OF INTEREST-Mason, by signing this Agreement, covenants that Mason has no public or private interest, direct or indirect, and shall not acquire directly or indirectly any such interest which does or may conflict in any manner with the performance of Mason's services and obligations under this Agreement. Mason further covenants that, in the performance of this contract, no person having such interest shall be employed by the Mason. Mason warrants that it is not in any way related to any person signing this agreement within the third degree by consanguinity or affinity. Mason shall have written policies and guidelines on conflict of interest and avoidance there of. Mason certifies that, to the best of its knowledge upon reasonable inquiry, conflicts of interest(including, but not limited to conflicts which may exist under the Virginia Conflict of Interest Acts, or the federal Conflict of Interest Acts)do not exist for individuals participating in the project supported under this Agreement. Should this situation change during the time of this Mason shall promptly advise Redlands of such change. F. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT-Mason agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.G. 7401 of seq.)and the Federal Water Pollution control Act as amended(33 U.S.C.§ 1251 et seq., as amended). G. RESEARCH WITH HUMAN SUBJECTS—When human research subjects are involved in the performance of Work, Mason agrees to comply with all current U.S. Government regulations concerning protection of human research subjects,with particular reference to Sponsors implementation of 45 CFR Part 46—Protection of Human Subjects. Mason agrees to provide certification to Redlands upon execution of this Agreement that an appropriate institutional review board has reviewed and approved the procedures which involve human subjects and that the Mason also have a Federal Wide Assurance for research with human subjects. Redlands will not serve as the institutional review board for the Mason. Instances of noncompliance with this provision shall be reported immediately to the Redlands Administrative contact. H. USE OF LABORATORY ANIMALS—When the use of live vertebrate animals is involved in the performance of Work, Mason agrees to comply with all current Federal regulations concerning the care and use of animals, as required by the Animal Welfare Act, as amended, Mason agrees to provide certification to Redlands upon execution of this Agreement that an appropriate institutional animal care and use committee has reviewed and approved all procedures involving live vertebrate animals. Redlands will not serve as the institutional review board for the Mason. Instances of noncompliance with this provision shall be reported immediately to the Redlands Administrative contact. 1. SCIENTIFIC MISCONDUCT— Instances of scientific fraud or misconduct related to the performance of the work conducted under this Agreement shall be reported to the Redlands Administrative Contact immediately subsequent to any independent determination that fraud or misconduct has occurred. Revised 12-10 Page 7 of 22 J. FINANCIAL DISCLOSURE -If Mason employs more than 50 persons, Mason certifies to the best of its knowledge that all financial disclosures required by the Sponsor/Agency policy have been made and that all identified conflicts will have been satisfactorily managed, reduced or eliminated prior to the institution's expenditure of any funds under this Agreement award, in accordance with Mason's conflict of interest policy. As conflicts which cannot be satisfactorily managed, reduced or eliminated, must be disclosed to Sponsor/Agency through Redlands, Mason shall promptly advise Redlands of any such conflict(s). If Mason is an educational institution, Mason certifies that its most recent A-1 33 audit was completed for the fiscal year and there were no findings of material weakness, material instances of noncompliance, or findings related to any subaward related to Redlands. K. COMPLIANCE WITH FEDERAL AND STATE LAW-Mason agrees that it is currently in compliance with all applicable local, state and federal laws and will remain in such compliance at all times and in all events during the term of this Agreement. Mason agrees to notify Redlands promptly if there is any change of status in any of the above certifications. Failure to so comply will automatically terminate this Agreement as of the time of noncompliance. L. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006,AS AMENDED, 2008(FFATA)—Prime recipients of federal awards are required to report any subaward that is, together with its modifications, greater than$25,000.00 to the General Services Administrations' Federal Subaward Reporting System. Accordingly, Subrecipient shall provide the following information in accordance with federal law: a, Is Subrecipient registered in CCR? [@Yes LINo b. DUNS Number: 07-781-7450 c. EIN Number or Tax ID 54-0836354 d. Congressional District, 1111th e. Did Subrecipient's gross income, from all sources, in the previous year exceed$300,000? nx Yes LINO(if no, FFATA reporting is not required,) f. Is the performance site the same address as contained in the agreement? [AYes ®No If no, please provide: 9. The names and total compensation of the five most highly compensated officers of the Subrecipient must be provided if: i. Last fiscal year,was 80 percent or more of Subrecipient's annual gross revenue from Federal contracts, subcontracts, loans, grants, subgrants or cooperative agreements; and ii. Subrecipient receive$25 million or more in annual gross revenues from Federal awards; and iii. The public does not have access to information about the compensation of the senior executives of the Subrecipient through periodic reports filed under section 13(a) or 15(d)of the Securities Exchange Act of 1934[15 U,S.C.§§78m(a), 78o(d)] or section 6104 of the Internal Revenue Code. Is Subaward exempt from reporting executive compensation? 9Yes LII o(if no, please complete the information below.) Officer 1 Name: NIA Officer 1 Compensation: N/A Revised 12-10 Page 8of22 ATTACHMENT 3-STATEMENT OF WORK Statement o r Dr, Weisb-,,,rti and Dave McClui-e'.", Proposal The purpose of this project is to develop a law enforcement iPhone application,with a strong focus on the incorporation of CIS technology and data.The project design involves a preliminary technology needs assessment of the officers in the Redlands, CA Felice Department, a report on their needs, consultation with the software developer on the creation of a prototype of the law enforcement Whone application,an assessment of the Redlands PD's use of the prototype,and a final report on the prototype's effects and needs for improvement. The Police Department sof Redlands,CA is soliciting funding for this project from the National Institute of Justice,and it will be their grant,The Redlands Ply is including CEBCP at CMU as a subcontractor on this project to assist in the implementation of this project.C BCP at GMU is expected to be involved in each stage of the project.Specifically,the rule of C BCP at GMU will be the following for each stage of the project: • Needs Assessment o Assist the Redlands,CA Ptd in constructing a thorough review of the literature on the mobile technology needs of officers o Host a meeting of the project's advisory board at CMU oCo-organize a focus group of Redlands PD officers in Redlands,CA o Cep-author a report of the needs assessment • Consult on the development of the prototype o Provide the needs assessment report to the software developer o Provide additional information on the technology needs of officers to be addressed by the prototype o Provide requested input on the development of the specific prototype • Technology Assessment o Implement the research design to assess the impact of the officers'use of the technology o Co•-author a final report on the effects of the officers'use of the technology,and ways the technology can be"improved Page;9of22 ATTACHMENT 2 BUDGET PAGES George Mason University Redlands Police Department 4489 University Drive,NIS 4Cs Prima:National institute of Justice :Fairfax,VA:22030 01A)IJ2011-1213112012 YEAR.:.: GNU: YEAR I GMIJ ONE IN-KIND TWO IN-KIND TOTAL. A.PERSIONNEL. I Faculty-Calendar Year: PI:David Weisburd(12 mnrsth frvslrucfliar l) 0;05 9.8e3, 0 10,179 0 20:1162. Pl;David Welinni••••.rd(12-roh k-1-00-1)v 00-1).. 0,05: 0 9.883, 0 10,179 20,062 2 Wages $201hr'100hrs 2000 0 2 D60 0 4,060 3.Students(AY) -NL ,:: GRA-Doctoral 1. 17,000 D 17,510 0 34,510 Students(SUM) GRA-Doctoral :1' 5,486: 0 6,159 0 12;139 TOTAL PERSONNEL 34,868. 9,883 35,909 16,179 90,834: S.FRINGE BENEFITS 30 69%(FT Faculty-CY) 3,033 3,033 3.124 3124 12,314 7 65%(wages) 153: "0 158 :0.. 311: TOTAL FRINGE 3,186 3,033 3,283 3,124 12,626. C.TRA FL 1 DomesticArlare 1500 a 1,530 0 :3,030. 2 SubsistenceZPerDiem 2.067 :0 2,108 0 4,175: 3 Mileage. .... 400. 6 408 0 808: TOTAL TRAVEL: 3,967 0 4,046 0 .8,013: D.PARTICIPANT SUPPORT 1.Advisory Board Meeting.. 720 0 734 0 7.,454 TOTAL PARTICIPANT SUPPORT. 720 :0... 734 0 1,454. E.EQUIPMENT 1.Phone(wl service plan):. 780 0 480. a 1.,260. TOTAL EQUIPMENT 780 0 480 0 1,260 F.OTHER DIRECT COSTS 1.Tuition Doctoral GRA's. -:m/State' 12 Credit Hrs:4$39&Hr 4,776 :0 5254....... 0 10,030.. 2,GRA Health Insurance ,9N $1;48,11yr, Based upon$10,000+salary kevel 1. 1;180. 6 1.480 0 2,960 TOTAL OTHER, 6,256.,. :0 6,784':... 0 1.2,990. TOTAL DIRECT COSTS< 49,772 12,916 s1 186 13,303 127,177 G.FACILITIES&ADMINISTRATIVE COSTS orrg..uraznw Researet,(OP) M 'XDw C Oar,,,v"ua,::.Cl,;. 00. 11 314:... 3 858 11,557 3453 TOTAL COSTS 61,098:...... 18,274 62743 10,762 150 868: Year 1 - Year 2 Total Facilities&Administrative Costs Base 1 43,516 44:452 _ 87,9681 ITEMS EXCLUDED FROM F&A. ITEM AMOUNT I ParticFlaaf$uppo t (Fer sponsor guidelines): 2 Equipment(over$2,0001ea). G 3 Tottioh 103 0 ' 4 GRA:Health Insurance: 2960 5 suncortract s over$25_000.. 0 TOTAL. 51259.. GNU fn-Kind Contribution,, 21.06%n TOTALDIRECT COSTS REQUESTED FROM SPONSOR W 100.957 TOTAL F&A COSTS REQUESTED FROM SPONSOR 22,872 TOTAL COSTS REQUESTED FROM SPONSOR 123,825 TOTAL CMU IN-KIND CONTRIBUTION 33.037 TOTAL PROGRAM COSTS 256 6ri5 Salaries and wages are estimates onh�: Actual saler`.es wid wages will be(said in accordance with cnAmIsdY Poky. Tuition:and flees are budgeted at'Out-cf--State rates.: Actual charges•M]l be made aocdrd€ng to lniltvidoal dr+s ccOary ciasaillcattori. Masan s ne9ofiated fico yes and adrnwlastrative,rates(F&A)expire j ne 30,2010 Prgect costs beyond that date are subject to revision when neva F&A rates are approved. Budget preparation,, Ryan Pryite 29-Mar-10 N'tsharedkosis:personnellRpan4P=cposaisVNe4sburd DaviMl10761 Redlands Police DepartmenitWEISBURD 134761 Budget Page 10 of 22 ATTACHMENT 2 a BUDGET"PAGES George Mason University Tar.David Weisburd/ Whone Geospatial Technologies Research and Development pent BUDGET JUSTIFICATION 'PERSONNEL Facul MY Dr, David Weisburd will serve as the lel of this proposal at George Mason University( lvltl)and will dedicate 10%of his calendar year employment to the administration of the project. As Dr. Weisburd is a part-tune employee, his requested salary support for 10%of his GMU time is based on 0,05 FTE($20,001). Due to the conditions of the sponsor, which cap salaries at 1 10%of the highest SES salary, Iry Weisburd cannot be compensated with sponsor provided funds in an amount greater than$9,883 for each year of his 0.05 i*Tlfi' commitment.Due to these conditions we have re urrsted the balance v Dr We shurd' sul ary($10,1 'Lor each rear o the ro&ct be cast shared bl�the culle The total faculty costs for Year One: $9.883` The total faculty costs for Year"Iwo:$10,179(Professor Weisburd's salary, with the 3% University included increase) Students A full-time Doctoral level GRA, dedicated to the proposed project, will be supported from the beginning of the Spring 2011 semester to the end of the Tall 2012 semester,which includes four academic semesters and two summers. Requested salary support for this Doctoral student is; based on $8,500 per semester in the academic year and$23 per hour for 20 hours per week for 1 weeks in the summer. The total student GRA compensation costs for Year One: $22,980($17,1100 for the two academic semesters and$5,980 for the summer) The natal student GRA compensation costs for Year Two: $22,980($17;510 for the two academic semesters and$6,159 for the summer,with the 3%University included increase) Wages In anticipation of varying intensity in the amount of work required at ally given.time, 100 wages hours of MA student level work has been included,for each year, at the rate of$20 per hour. The total MA level wage costs for Year One: $2,000(100 hours,at$20 per hour) The total MA level wage costs for Fear`fwo: $2,060(100 hours;at$20 per hour,with the 3% University included increase) Mason provides annual merit increases to Faculty and Staff. An escalation factor of 3%has been included for all personnel.. FRINGE BENEFIT Mason's estimated fringe benefit rates,effective 06/25/07,have been applied to all requested salaries. Employee benefits;are charged according to the;specific benefit package elected by the employee. Page I t of 22 ATTACHMENT 2_BUDGET MAGES Applied rates are as follows: Full-Time faculty Calendar Year 311.69% Non-Student Wage, Part-Time& Summer Students- 7.65°x' The Principal Investigators Dr. David Weisburd has fringe assessed at the"Fell-Tinge Faculty Academic or Calendar Year"rate of 30.69%.Dr. David Weisburd's FTE adjusted salary and fringe will come front spons<sr funds(Year One: $3,033, Year Two: $3,124). The allocated hourly wages have fringe assessed at the"lion-Student Wage, Part-Time& Summer Students"rate of 7.65%. Hourly wages and fringe will carne entirely from sponsor funds(fear One: $153;,'Year'Two: $158). Total fringe for Year One:$3,186 Total fringe for Year Two: $3,282 CONSI?I1TAANI'S No consultants are included in this budget. TRAVEL There is no foreign travel included in this budget. The domestic travel associated with this project is to bring;the GMU-CEBCP researchers to Redlands,CA. The proposed budget includes three four clay trips for each year,with travel between GMU and the Redlands Police Department. These trips are intended to allover the U CEBCP researchers to more completely facilitate and assist the Redlands PD with the> implementation of the research design. $3,967 per year is required for domestic travel to assist the Redlands PD in the implementation of this research project. This represents 3 trips per year. Travel lines are inflated by 3% ill Year Two., This budget Fine is based on the following;assumptions(for Year One): Round trip airfare to Redlands,CA: 3 trips x l staff x$50}0)'per flight..... ... ..........y..$1,500 Lodging. 3 traps x 3 night stay x 1 staff c$135..... ..............$1 215 Meals and rather per day: 3 trips x 4 days x l staff x$71:: ......... ......... ......$ 52' Mileage and Parking Fees 3 trips x l staff x$133 per trip... ..$400 Total travel for Year One: $3,967 Total travel for Year Two: $4,046 OFF-SITE ITIS;CONT E}RE NCE No off-site conferences are included in this budget. EQ('J NIE A total of$1,260 is requested for the purchase of equipment. This project includes a request for a total of one equipment itern, an iPhone,which will be needed to support the proposed project. • The iPhone will be used can this project for reference and familiarity with the prototype of the software being developed for the law enforcement officers.. Other Costs Page 12 of 22 ATTACHMENT 2 BUDGET PAGES PARTICIPANT SUPPORT The proposal's budget includes$720 in the Year One for supplies, Necessary supplies for this project are.-Breakfast for the 10 person advisory board, cost$180;lunch for the 10 person advisory board: cost$2401;and. meeting supplies for the 10 person advisory board: cost$300. Tuition support is requested for one;Doctoral level GRA position in Years One & Two. Tuition support is bases] upon 12 credit hours per position per year at a prc!Iect in-state rate of$3)98;.[11 per credit hour in Year One, with a yearly tuition;and fees increase of 10%. la ull-1me Graduate Student Health Benefits are budgeted at$1,480.00 per year for the Doctoral level GRA positions; which meet the minimum requirements The total tuition support for the Doctoral GRA position in Year One: $4,776 The.Mafial tuition support for the Doctoral CERA position in Year Two: $5,254 The total health benefit support for the two GRA positions in Year One: $1,480 The vital health benefit support for the two CERA positions in Year Tara: $1,480 SUBCONTRACT No subcontracts are included in this budget. Kxcium,S AND ADNIINIST RiVrIvE;COSTS(]t'&A George Mason University has an tiff-Campus F&A rate of 26%MTDC,predetermined by the Office of Naval Research through 07/10/10, provisional thereafter. Total indirect costs for this project are$29,689. Page 13 of 22 ATTACHMENT 3-PRIME AWARE?PROVISIONS AND REGULATIONS Department o0uslice r Office of.lustice Programs 7I PACE I OF 9 Nations I Institute of Justice Cooperative Agreement 1.RECIPIENT NAME AND ADDRESS(Including Zip t:o&) 14,AWARD NIJMBERfi -0111-DE-BX-1 O06 s w Redlands Police Department 212 Brookside Avenue P.O.Box IOZ5 5 PROJECT PERIOD,FROM 09/01P-010 TO QW 1/201,1 Redlatrds,CA 92373 BUDGET PERIOD:FROM "10112010 '1 O 09/3J12011� _.. - _..- P SWARD DATE 09l16t201tJ 7 ACTION' IA.GRANTEE IRS1NENDOR NO S.SUPPLEMENT NUMBER initial p 956000766 i 00. 9.PREVIOUS AWARD AMOUNT S 0 3 PROJECT TITLE ; 10.AMOUNT OF THIS AWARD $4'73,161 Developing an iPhoue Based Crime Mapping Application to Assist Law L ---------........ ....... ..... _........._._,.... .,...,.____...._.._,....__.._„_.. ,_.,.., .,.,...__. Enforcement Uffccrs with Understanding Spacial and Temporal Crime 11 TOTAL AWARD S 4T3,I61 Patterns _.._..................--------._ - �....®_._...-__. 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SETT FORTH ON THE ATTACHED PAGE(S), 13 STATUTORY AUTHORITY FOR GRANT This project is supported ander FY 1£1(NIJ-JAC'r Technology)Purr.L No.111-117,123 Stat.3034,3133;42 USC 3756;28 USC 5W 15.{METHOD OF PAYMENT GPRS � 8 k AGENCY APPROVAL ■ ®� GRANTEE ACCEPTANCE, 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL l8.TYPED NAME AND TITLE;OF AUTHORIZED GRANTEE OFFICIAL � Laurie Robinson Jim Eluecvraaun o C'hie€o€Policc E Assistant Attorney General: k � ..................._ 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 0A.DATE; S I j . j.. AGENCY USE.ONLY _------- _...__. _.__ _ .___ - T-- ; 20,ACCOUNTING CLASSIFICATION CODES 21. JDE.SGT0432 FISCAL. FUND BUD. DIV. YEAR CODES ACT, OFC. REG, SUES. PDMS AMOUNT JC B OF 60 40 00 473161 OfP FORM 400012(REV.5-97),PREVIOUS EDITIONS ARE OBSOLETE, OJP FORM 400012(REV.4-88l Page 14 of 22 ATTACHMENT 3-PRIME AWARD PROVISIONS AND REGULATIONS Department of Justice Office of.lustice Programs AWARD CONTINUATION 1 i National Institute of Justice SHEET PAGE z OF Cooperative Agreement PROJECTNUMBER 20to-DE-BX-KW6 AWARD LATE Oli6/2010 SPECIAL CONDITIONS 1. Etre recipient agrees to comply with the financial and administrative requirements set forth in the current edition ofthe Office of Justice Programs(OJP)Financial Guide. f 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity flair(ifrecipient i j 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.of5tates Local Governments,and Nutt-Profit Organizations,and further understands and agrees that funds may be withheld,or rather related requirements may be imposed,ifoutstanding audit issues(if any)from OMB Circular A-133 audits(and any other audits of OJP grant:funds)are not satisfactorily.and promptly addressed,as further described:in the current: 3 edition of the OJP Financial Guide,Chapter 19. j 4 Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support ofthe enactment,repeal,modification or adoption of any lasv,regulation(it policy, at any level ofgovernment,without the express prior written approval of t3JV 5. `rhe recipient must promptly refer to the DOJ OIG any credible evidence that a principal,employee,agent,contractor, subgrantee,subcontractor,or other person has either 1)submitted a false claim for grant funds under 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 involving grant funds. This condition also applies to any subrecipients. Potential fraud,waste, abuse,or misconduct should he reported to the OIG by mail: Office of the Inspector General U.S.DepartmentofJustim Investigations Division 950 Pennsylvania Avenue,N.W. Room 4706 Washington,DC 20530 c-mail:oig,hot]mc(a?usdcJ,gov 6, 3 hotline:(contact information in English and Spanish):(800)804499 i or hotline fax:(202)616-988 Additional information is available from the DOJ{Jl[s website at usdoJ,govtoi , 6. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any contract or subaward to either the Association of Community Organizations for Roform Now(ACORN)or its subsidiaries,without the express prior written approval cif OJP. 7. 32ne recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee.Cf;28 C.F.R.parts 66 70. } OJP FORM 40W2(REV.4-8$).. Page 15 of 22 ATTACHMENT 3-PRIME AWARD PROVISIONS AND REGULATIONS .......... Department of Justice Office ot'Justice f1rograms AWARD CONTINUATION National Institute ofJuSHEET PAGE 3 Or 9stice Cooperative Agreement PROJECIT,", BER 2010-DE-BX-K006 AWARD DATE 094612010 SPECIAL CONDMONS $L 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 mist and coordinate projects that deal with research,technology development,and assessment. NIJ 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 Recipictit's,approved proposal,the Recipient's approved budget,and the terms and conditions specified in this award. Responsibility for general oversight and re-dircetion ofthe project,if necessary,rests with N11 Where appropriate,the Recipient will'act,jointly with NU in accomplishing the following tasks: a. determination of'research design, b. design ofdata collection instruments,and/or c, determination of sites for research. Data collection,analysis,and interpretation ofdata and analyses are the responsibility ofthe Recipient, In addition to its programmatic responsibilities,the Recipient agrees to provide necessary information as requested by the Office ol'Justice programs and NIJ, 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, 01P FORM 400012(REV.4-98) Page 16 of 22 ATTACHMENT 3-PRIME AWARD FROMSIONS AND REGULATIONS _---------- w.. . .... .........� .._T n._ �. Department ofJustice Office of Justice Programs AWARD CONTINUATION f National Institute of Justice SHEET � PAGE, 4- OF a Cooperative Agreement u PROJECTNUMBER 20I0-DEBX-K006 AWARD DATE 09116/2010 SPECIAL CONDITIONS 9. Within 45 days after the end of any conference,meeting,retreat,seminar,symposium,training activity,or similar event funded under this award,and the total cost of which exceeds$20;000 in award funds,the recipient must provide the program manager with the following information and itemized.costs; { l)name of event; e' 2)event dates, ; 6 3)location ofevent; e 4)number of federal attendees; 5)number of non-federal attendees;; 6)casts of event space,including rooms for break-out sessions; 7)costs(f audio visual services; 8)other equipment costs(e.g:,computer fees,telephone fees); 9)costs of printing and distribution; 10)costs of meals provided during the event; s l l)costs_ofrefreshments provided during the event, 12)costs'of event planner, 13)costs ofevent facilitators;and 14)any tither costs associated with the event. The recipient must also itemizx and report any of the following attendee(including participants,presenters,speakers) costs that are paid or reimbursed with cooperative agreement funds: 1)meals and incidental expenses(lA&IE portion ofper diem); 2)lodging; 3)transportation to/from event location(e.g.,common carrier,Privately Owned Vehicle(POV)),,and, 4)local transportation(e.g-,rental ear;POV)at event location: Note that i f any item is paid for with registration fees,or any other non-award ftutding,then that portion of the expense does not treed to be reported: OR will provide further instructions regarding the submission afthis data at a later time OJP FORM 400012(REV.4=89) Pape 17 of 22 ATTACHMENT 3-PRIME AWARD Pt O\ASIONS AND REGULATIONS Depamnera of justice Office of Justice Programs '' AWARD CONTINUATION � mSlllsT National Institute of Justicek PAGE� s OF Cooperative Agreement` PROXC"1'w;It ale BER 2010-DE-RX-KO06 Att"ARD DATE 0911 02 01 0 SPECCr1I CONDITIONS 10. The 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 to 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. The recipient acknowledges that the Office of Justice 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 reeeive,reproduce, publish,or otherwise use such data for Federal purposes. It is the responsibility ofthe recipient(and of each subrecipient,if applicable)to ensure that this condition 1s included in any subaward under this award. A IL 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 ofTic+er"are replaced,respectively,by the terms"award,""award recipient,"and "t7JP 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 fling date,patent application number and title;a copy of j 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 Bights Clause paragraph(g)is modified to read as follows "(g) rubaward-s and Subcontract,, "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; pari of the consideration for awarding the subaward or subcontract;obtain rights in the subaward recipient's or subcontractor's subject inventions. and i (4) Patent Rights Clause paragraph 0)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 Mates Department of Justice.", � With respect to any subject invention in which the award recipient,or a subaward recipient of subcontractor,retains title,the Federal government shall have a nonexclusive,:nontransferable,irrevocable;paid-up license to practice or have practiced for or on behalf of the united States the subject invention throughout the world. 01P FORM 40(.W(REQ".4-88) Page isi of 22 ATTACHMENT 3-PRIME AWARD PRGVIStONS AND REGULATIONS Department of Justice) Alice crflcistice Programs AWARD CONTINUATION National institute of Justice SHEET PAGE 6 OF 9 Cooperative Agreement � t PR OJECTNC7&BFIZ 2010-D&BX-KW6 AWARD DATE 09116/201 S i SPECIAL CONDITIONS j 12. To assist in in formation sharing,the award recipient shall provide the NIJ program manager with a copy of all interim and final reports and proposed publications(including those prepared for conferences and otherpresentations)resulting from this award. Submission ofsuch 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 recipient's or government's expense,shall contain the following statement: This project was supported by Award No._ ,awarded by the National Institute of Justice,Office of Justice Programs,US.Department of Justice. The opinions,findings,and conclusions or recommendations expressed in this publication/program/exhibition are those ofthe author(s)and do not necessarily reflect those ofthe Department of Justice: i E l IJ defines publications as any planned,written,visual or sound material substantively based on the project,formally prepared by the award recipient for dissemination to the public. 13: 'The recipient shall transmit to the NII program`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 NIJ where appropriate and to respond to press or public inquiries: 14. Pursuant to 28 CER.Part 18,OJP may suspend or terminate funding under this award before the completion of the< project funded by this award,for the recipient's failure to comply with these special conditions or with the project's goals,plants and methodology set forth in the approved application. In the rase ofsuspension,,the recipient will be f unable to draw down funds until Off?determines that the recipient is in compliance, 1 15 The recipient agrees that it will submit quarterly financial status reports to OJP on-line(at bttps://gratits ojp.usdoj gov) using the SF 425 Federal Financial Report form(available for viewing at ivww.whitchouse.gov/omb/grants/-,tandard_fortns/fF report.pdf),not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end ofthe award period; 16. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end Iofthe reporting periods,which are June 30 and December 31,for the life ofthe sward. These reports will be submitted, G to the Office ce oflustice Programs,on-line through the Internet at haps:/Igrants.ojp.usdoj.govv/. l7. The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during the entire period ofsupport under this award.This report will include detailed information about the project(s)funded. including,but not limited to,information about how the funds were actually used for each purpose area,data to support statements of progress,and data concerning individual results and outcomes of funded projects reflecting project successes and impacts,.The final report is due no later than 90 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 httr //grants.cjp.usdoj.gov/. f 44 i is 3 G E 01P FORM 400012(REV,4-88) Page 19 of 22 ATTACHMENT-3-PRIME AWARD PROVISIONS AND REGULATIONS Department of Justice Office of Justice Programs AWARD CONTINUATION National Institute of Justice SHEET PAGE E a OF 9 Cooperative Agreement E .....:.e_ ...... _W_W: _ _. ; n _._:.m... _._.:::- _._: ......ma PROJECT'IUMBFR 2010-DF-BX-KO06 AWARD[SATE 09/162010 SPECIAL CONDI IONS 1 18. The award recipient shall provide all products specified in the proposal. In addition,ninety(90)days prior to the end of the project period,the recipient shall submit to NIJ the following documents in electronic format: (1)A Iliad Final r Technical Report.The Draft-Final Technical Report shall describe the project's activities in sufficient detail to permit replication orate design,including a review of relevant literature,methods including detailed description of data collection and analysis procedures,modifications to or problems with the original research design,findings,and conclusions. (2)A"2,500 to 4,0tril word Draft Summary suitable for publication and/or dissemination which describes results,findings and conclusions from the project,including implications for criminal justice operations. (3)A Draft 600 word Abstract, 'Me abstract should serve as a succinct and accurate description ofthe project. Research goals and objectives,research design,and methods for achieving the goals and objectives should be concisely described. The abstract should include statement of purpose,description of research subjects,methods,results and conclusions, j The Draft Final Technical Report,Abstract and Surnmary will,with few exceptions,be submitted to peer review.'rite recipient shall be responsive to peer reviewers'comments and other issues raised in the review and understand that the review process has implications with respect to publication and dissemination decisions made by NIJ. `Me recipient shall make appropriate revisions to these docnnnents based on the reviewers'comments and/or any comments from NIJ 19. The recipient must deliver to NIJ,by the termination of the award period,an electronic copy of the Final Technical Report,Abstract and Summary: Final Technical Reports,Abstracts,and Summaries should be in Microsoft!Nord or Core['WordPerfect format.Graphic files should be provided in.adobe Illustrator,Macro media Freehand,Corel Draw or Delta Graph. Included images should adhere to t IFF,JPEG,PICT;and TIFF format standards,with DIFF;and PICT images preferred. Final Technical Reports are,in general,made available to the public through the National Criminal Justice Reference E Service_(NCJRS)and may be electronically posted in the clCJR4 virtual library. 211. Of the total award amount,$20,000 may not be obligated,expended,or drawn down until the grantee submits the draft" final research/technical report required by the special conditions of this award. The draft final report must be accepted' by NIJ as meeting usual scientific standards for form and content. Approval will be provided through a Grant f { Adjustment Notice that will clear this special condition. l 21. Recipient acknowledges and agrees that for purposes of performing work under this award,it,and any of its sub- grantees,are bound by all applicable Federal laws and regulations,including the regulations specifically identified in the Standard Assurances Form located at www.ojp.usdgJ,gov/forms.htm. Failure to adhere to these laws and (( regulations may be considered a significant failure to comply with the terms and conditions ofthis grant award: I 22. The Project Director and key program personnel designated in the application shall be replaced only for compelling reasons. Successors to key personnel must be approved,and such approval is contingent upon submission of appropriate information,including,but not limited to,a resume. OOP will not unreasonably withhold approval. Changes in other program personnel require only notification to OOP and submission of resumes,unless otherwise } designated in the award document, 23. Approval of this award does not indicate approval of any consultant rate in excess of 5450 per day.A detailed E justification must be submitted to and approved by the Office ofJustice Programs(OOP)program office prior to: obligation or expenditure of such funds. .. _.. OJP FORM 400012(REV 4-88) Page 20 of 22 ATTACHMENT 3-PRME AWARD PROVISIONS AND REGULATIONS Department of Justice t Office of Justice Programs � AWARD CONTINUATION � 1' atit�nat Institutecif Justice SHEEN`' PAGE s OF 9 +Cooperative Agreement g l P#ROJECTIr UMBER 20I0-DE-BX-KW, AWARD DAT 0911(noto SPECIAL CONDITIONS 24: With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any employee of the award recipient at a rate that exceeds 110010 of the maximum annual salary payable to'a member of the federal government's Senior Executive Service(SES)at an agency with a Certified SITS 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 discretions of the illP official indicated in the program announcement under which this award is made. 25. 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 tinder this award. Categorical Exclusions:used upon the information provided by the recipient in its application for these funds,NII has determined and the recipient understands that the proposed activities meet the definition of a categorical exclusion,as defined in the Department of Justice Procedures for Implementing the National Environmental Policy Act found at 28 CFR Part 61. A categorical exclusion is an action that because of the proposed activities"very limited and predictable potential environmental impacts,both on an individual and a cumulative basis,does not have a significant impact on the quality of the human environment: Consequently,no further environmental impact analysis is necessary under the requirements of the National Environmental Policy Act,42 U&C.4321,for these categorically excluded activities: Modifications;Throughout the term of this award,the recipient agrees that for any activities that are the subject of this categorical exclusion,it will inforan NIJ of=-(1)any changes)that it is considering making to the previously assessed activities that may be relevant to the environmental impacts of the activities,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 ofchernicals or involve construction or major renovation, The recipient will not implement a proposed change or new activity until NIJ,with the assistance of the recipient,has completed any applicable environmental impact review requirements necessitated by the proposed change or new activity(or changed circumstances)and NIJ has concurred in the proposed change or new activity. This approval will not be unreasonably withheld as long as any requested modifications)is consistent with eligible program purposes and found acceptable under an NU-conducted environmental impact review process. 26. The award recipient agrees to comply with the requirements of 28 CFR Dart 445 and all other Department of Justice/Office of Justice Programs policies and procedures regarding the protection ofhuman research subjects, including informed consent procedures and obtainment of Institutional Review Board(IRB)approval,if appropriate. 27, The award recipient will not be permitted to draw down any funds for any research involving human subjects until(1) it has submitted adequate documentation to demonstrate that it will conductor perforru research involving human subjects in accordance with an approved Federal-wide assurance issued by HHS or a Single Project Assurance issued by OJP/N IJ,and that the research has been determined,by an appropriate IRB(or the Office of the General C4ounscV0,111),to be an exempt research activity,or has been reviewed and approved by an appropriate IRB in accordance with the requirements of 28 CFR Part 46,(2)the NIJ Human Subjects Protection Officer has authorized,in writing,removal of this special condition,and(3)a Grant Adjustment Notice.(GAN)has been issued removing this special condition. 28. The award recipient agrees,as a condition of award approval,to comply with the requirements of 28 CFR Part 22, including the requirement to submit a properly executed Privacy Certificate that is incompliance with 28 CFR§22.23 � to the National Institute of Justice for approval. t ..........::::_----------------- DIP _._.:DIP FORM 400012 t12EV+ 4-98j: Page 21 of 22 ATTACHMENT 3-PRIME AWARD PROWkSIONS AND REGULATIONS Department of Justice Office of7ustice Programs AWARD CONTINUATION National Institute of Justice SHEET PACE 9OF 9 Cooperative Agreement � 1 PROJECT NUMStEt 201")E-BX-K006 AWARD DATE W1612010 SPECIAL CONDITIONS 29. The award recipient Will not be permitted to draw down any funds for any research or statistical activity or project involving the collection,use,analysis,transfer;or disclosure of in identifiable to a private person until (1)a Privacy Certificate has been submitted to and approved by the National Institute ofJuctice(NTIJ)in accordance with the requirements of 28 CFR fart 22,(2)removal of this special condition has been authorized in writing by the NIJ human Subjects Protection Officer,and('3)a Grant Adjustment Notice(GAN)has been issued removing this special condition, 30 The recipient may not obligate,expend,or draw down any award funds until--(1)the recipient submits information regarding research independence and integrity as requested by NM(2)NU accepts the information provided as sufficient;and(3),a Grant Adjustment Notice([IAN)has been issued removing this condition. 3L The recipient may not obligate„expend or draw down funds until the Office of the Chief Financial Officer(f CFO)has approved the budget and budget narrative and a Grant Adjustment Notice(GAN)has been issued to remove this special 9 condition. 9 32. Pursuant to Executive Order 13513,"Federal Leadership on[reducing'Text Messaging While€?riving„”74 Fed.Reg. 51223(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers.. { C f I i f DIP I`ORNII 4t5 f7f°2(REV,4-88) Page 22 of 22