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Home My WebLink About20B - DOJ/NIJ COLD CASE PROGRAMREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FY 2009 DEPARTMENT OF JUSTICE/NIJ COLD CASE PROGRAM FUNDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1`t Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve an Appropriation Adjustment recognizing the FY 2009 United States Department of Justice, National Institute of Justice Cold Case DNA Program in the amount of $300,740 in revenue account (account no. 12714002-52000) and appropriate same in the FY 2009 DOJ/NIJ Cold Case DNA Program expenditure accounts (account nos. 12714408-various- 094605011127). 2. Authorize the City Manager and the Clerk of the Council to execute the attached Cooperative Agreement with the United States Department of Justice, National Institute of Justice for the terms and conditions set forth in this funding program, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Department applied for a competitive "Using New DNA Technology to Solve Cold Cases" funding program made possible by the National Institute of Justice. This grant was designed to assist state and local law enforcement solve Cold Cases through the use of DNA. The Police Department has received a Cooperative Agreement award for staff overtime, travel, training and equipment in the amount of $300,740 over an 18-month period. 20B-1 ti FY 2009 DOJ Cold Case Program November 2, 2009 Page 2 FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FY 2009 Solving Cold Cases with DNA Program account (account no. 12714002- 52000) by $300, 740 and appropriate same in the FY 2009 Solving Cold Cases with DNA Program expenditure accounts (account nos. 12714408-various). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 20B-2 ---- Department of Justice GRANT MANAGER'S MEMORANDUM, PT. I: Office of Justice Programs PROJECT SUMMARY +~~ NationallnstituteofJustice Cooperative Agreement If PROJECT tiUMBER PAGE I OF I X009-DN-BX-K040 This project is supported under FY09(NU - COPS DNA/Forcnsics) Pub. L. No. I 1 I -8, 123 Stat. 569, 583; 28 USC 5300 T I. STAFF CONTACT (\ame & telephone number) Charles Hzurich (202)616-9:64 ?. PROJECT DIRECTOR (Name, address & telephore number) Robcn Wooding Sergeant 60 Civic Center Plaza Santa Ana, CA 92701-4060 (714)245.8355 3a. TITLE OF THE PROGRAM NiJ FY 09 Solving Cold Cases with DNA 6. NAMF. & ADRESS OF SUBGRANTEE 4. TITLE OF PROJECT Wz will eflcctively address the changing investigative techniques and utilize [he newest DNA technology to solve violent crimes which have no ettrrent leads. 5. NAME & ADDRESS OF GRANTEE City of Sams Ana 60 Civic Center Plaza Santa Ana, CA 92701-4060 7. PROGRAM PERIOD FROM: I I i0 U20(19 -- __ 9. AMOUNT OF AWARD $ 300,740 1 I. SECOND YEAR'S BUDGET 8. BUDGET PERIOD TO: OSl3U2011 FROM: lll01/2009 ]0. DATE OF AWARD 09.E 16/2009 i 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) TO: 05'3 U2011 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PER10D 14. THIRD YEAR'S BUDGET AMOUNT I5. SUMMARY DESCRiPT10N OF PROJECT (Sec inswction on revere) The purpose of grant funding will allow overtime hours for one detective sergeant, four experienced detectives and one PropettylEvidencz Specialist. I'he Homrudc Sergeant will serve as the program manager for the grant, coordinate, supervise all project activities and assist with follow-up investigations as necessary to ensure program success. ca/ncf OJP FORM 4000,2 (REV. 4-88) 20B-3 i - -. Department of Justice Office of Justice Programs ~ `.~ lationat Institute of Justice PAGE I OF 9 Cooperative Agreement I. RECIPIENT NAME AND ADDRESS (including Zip Code) 4. AWARD NUMBER: 2009-DN-BX-K040 City of Santa Ana ~~-- - -- 60 Civic Center Plaza 5. PROJECT PERIOD. FROM I Ir01 /2009 TO 05/31/20! I Santa Ana, CA 92 70 1-4060 BUDGET PERIOD: FROM I I/01/2009 TO 05131!2011 (i. AWARD DATE 09/16/2009 7. ACTION __ IA. GRANTEE IRS,NENDOR NO. 8. SUPPLEMENT NUMBER Initial 956000785 00 9. PREVIOUS AWARD AMOUNT $ p 3. PROJECT TITLE 10. AMOUNT OF THi5.4W'ARD 5 300 7:0 We will effectively address the changing investigative techniques and utilize ___...__ _ _ the newest DNA technology to solve violent crimes which have no current I I TOTAL AWARD l d , _ S 300 74 . ea s. , 0 12. SPECIAL COKDI710KS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE.4TTACHED PAGE(S). i 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY09(NIJ -COPS DNA/Forcnsics) Pub. L. No. I I I-8, 123 Stat. 569, 583; 28 CSC 530C I5. METHOD OF PAYMENT PAPRS ~- AGENCY APPROVAL _ 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Mary Lou Leary Acting Assis[ant A« omey General GRANTEE.4CCEPTANCE I8. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL David Rcam Ciry Manager 17. SIGNATCRE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY CSE ONLY 20. ACCOL'KT[NG CLASSIFICATION CODES 21. IDKSGT0081 FISCAL FUND BUD. DfV. i YEAR CODE ACT. OFC. REG. SCB. POMS AMOUNT I X B DN 60 00 GO 300740 OJP FORM 400012 (REV. 5-57) PREVIOUS EDITIONS .ARE OBSOLETE.. OJP FORM 4000;2 (RF.V. 4-88) APPROVED A.S TO EOM ,- -_=~' tr- 20B-4 Department of Justice Office of]ustice Progrms ,~~~ National Institute of Justice __ - -- PROJECTKUMBER 2009-DN-BX-KO»0 AWARD CONTINUATION SHEET Cooperative Agreement AWARD DATE 09;16/2009 PAGE 2 OF 9 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 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. Secrion 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 requirement of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding 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 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 pzior written approval of OJP. 5. The 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 be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotlineCusdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. t»P FURM atxlo/a tHSV. assl 20B-5 Department of Justice Office of Justice Programs £.~` National Institute of Justice PROJECT nUViBER ?009-DN-BX-K040 AWARD CONTINUATION SHEET Cooperative Agreement AWARD DATE 0911 6/20 0 9 PAGE 3 OF 9 SPEC/AL CONDITIONS Due to the substantial Federal invoh~ement contemplated in completion of this project, the National Institute of Justice (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, and certain other forensic activities. 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, NU 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 [erms and conditions specified in this awazd. Responsibility for general oversight and redirection of the project, ifnecessary, rests with NU. 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 zelated projects. 7. l;nless otherwise authorized by NIJ, expenses chazged to this award must directly relate to: (a) identification, review, and prioritization of Uniform Crime Report (UCR), Part 1 V iolent 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 FORY1 40(10/? (REV. 3-88} 20B-6 r~° I Department of Justice I Office of Justice Programs AWARD CONTINL"ATION National Institute of Justice SHEET Cooperative Agreement PROJECT NUMRF.R 2009-DN-BX-K040 AWARD DATE 09;1612009 SPEC/AL CONDITIONS 8. (a) Accreditation and Privacy Requirements; CODIS; No Research PAGE 4 OF 9 The recipient shall ensure that each DNA analysis conducted under this award wilt be performed either (1) 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 chat 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 al] 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). The recipient shall ensure that none of the funds provided under this awazd are used for research or statistical projects or activities as defined by 28 CFR Part 22 or for research as defined by 28 CFR Par[ 46. Any questions concerning this provision should be directed to the N1J Program vlanager 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 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 Tor activities funded through this award. The recipient agrees to notify NIJ 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, oc 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. 9. 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 trade available under this Fiscal Year 2009 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 2009 award. The recipient shall ensure that all data and information necessary for the report is collected throughout the award period. The report :rust be submitted to the Office of Justice Programs, on-line through https://grants.ojp. usdoj.govi. O1P FORM 4000/2 (REV. 6-AA) 20B ^ Department of Justice Office of Justice Prog .~= National Institute rams AWARD CONTINUATION ~ of Justice SHEET PACE ; of 9 I Cooperative Agreement PROJECTKUMBER 2009-DN-BX-K040 AWARD DATE 09/1612009 SPEC/AL CONDITIONS 10. The recipient agrees to submit quarterly financial status reports to OJP. At present, these reports are to be submitted on-line (at https://grants.ojp.usdoj.gov) using Standard Form SF 269A, not later than 45 days after the end of each calendar quarter. The recipient understands that after October 15, 2009, OJP will discontinue its use of the SF 269A, and will require award recipients to submit quarterly financial status reports within 30 days after the end of each calendar quarter, using the government-wide Standard Form 425 Federal Financial Report form (available for viewing at www.Whitehouse.gov/omb/grantsistandard_forrns/ffr.pdf). Beginning with the report for the fourth calendar quarter of 2009 (and continuing thereafter), the recipient agrees that it will submit quarterly financial status reports to OJP on- line (at hops://grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form, not later than 30 days afer the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the grant period. 1 1. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days afer 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 Internet at https://grants.ojp.usdoj.gov/. O1P FORM 4000/2 (RHV. 4-88) 20B-8 Department of Justice Office of Jwtice Programs f National Institute of Justice ~~- AWARD CONTINUATION SHEET PAGE 6 OF I Cooperative Agreement -- - PROJECTKL;MBER 2009-DK•BX-K040 AWARDDATE 09/16,'2009 SPECIAL CONDITIONS 12. 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 S20,000 in award funds, the recipien[ must provide the program manager with the following information and itemized costs: 1) name of event; 2) event dates; 3) location of event; 4) number of federal attendees; 5)number ofnon-federal attendees; 6) costs of event space, including rooms for break-out sessions; 7) costs of 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; 11) costs of refreshments provided during the event; ~ 12) costs of event planner; ] 3) costs of event facilitators; and 14) any other costs associated with the event. The recipient must also itemize and report any of the following attendee (including participanU, presenters, speakers) costs that aze paid or reimbursed wi[h cooperative agreement funds: I) meals and incidental expenses (M&IE portion of per diem); 2) lodging; 3) transportation to/from event location (e.g., common carrier, Privately Owned Vehicle (POV)); and, 4) local [ransporta[ion (e.g., rental car, POV} at event location. Note that if any item is paid for with registration fees, or any other non-awazd funding, then that portion of the expense does not need to be reported. ~~ OJP will provide further instructions regarding the submission of this data at a later time. O1P FOR'N 4000/? (REV. 4-RR) 20B-9 Department of Justice Office of Justice Programs :Sational Institute of Justice :;~~ PROTECT Ki'vtBER 2009-DK-BX-K040 AWARD CONTINUATION SHEET Cooperative Agreement AWARD DATE 09/I6/2009 SPEC/AL COND/TIONS PACE 7 OF 9 To assist in information sharing, the award recipient 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 oz simultaneous with their public release aids NU 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. awazded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. 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 substan[ively based on the project, formally prepared by the award recipient for dissemination to the public. l4. 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. 15. 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 infottnation, including, but not limited to, a resume. Changes in other program personnel require only notification to O1P and submission of resumes, unless otherwise designated in the award document. 16. Pursuant to 28 C.F.R. Part 18, OJP may suspend or terminate funding under this awazd, 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 project's 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. 17. Recipient acknowledges that the Office of Justice Programs reserves a roya]ty-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 of Justice Programs has the right to (])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. OJP FORY1 4000/2 (REV. 4-88) 20B-10 Department of Justice Office of Justice Programs ,'~±_ National Institute of Justice _- PROlF,CT:~C:'.v1BER 2009-D1:-BX-K040 18. Patents and Inventions. AWARD CONTINUATION SHEET Cooperative Agreement AWARD DATE 09 /1 61 2 009 SPEC/AL COND/T/ONS PAGE 8 OF 9 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 awazd 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 subawazds and subcontracts, regardless of tier, for experimental, developmental, or research work. The subawazd 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 awazding the subaward or subcontract, obtain rights in the subaward recipient's or subcontractor's subject inventions."; and (4) Patent Rights Clause pazagraph (1) is modified to read as follows "(I) 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 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. OJP FORA 30D0/2 (REV. <-SS) 20B-11 u Department of Justice Office of Justice Programs `~ National Institute of Justice AWARD CONTINUATION SHEET " Cooperative Agreement PAGE 9 OF 9 PROJEC'T' NUMBER 2009-DN-BX-K040 AWARD DATE 09116.%2009 SPECIAL CONDITIONS 19. 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. Categorical Exclusions: Based upon the information provided by the recipient in its application for these funds, NIJ 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 tha[ 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.S.C. 4321, for these categorically excluded activities. 'vtodifications: Throughout the term of this award, the recipient agrees that for any activities that are the subject of [his categorical exclusion, it will inform NIJ of any change(s) that it is considering making to the previously assessed activities that may be relevant to the environmental impacts of [he activities. The recipient will not implement a proposed change until NIJ, with the assistance of the recipient, has completed any applicable environmental impact review requirements necessitated by the proposed change and NU has concurred in the proposed change. This 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. 20. No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the grantee whose total annual cash compensation exceeds 110% of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. This prohibition may be waived on an individual basis at the discretion of the Assistant Attorney General for O1P. O1P FORM 4000/2 (REV. 4-88) 20B-12