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HomeMy WebLinkAboutU.S. DEPARTMENT OF JUSTICE - OJP GRANTS 2009 T- 'y ~ ~ <:> .9 f..f)......... ' . '-", . "'" " I . '\ . p. ; '. :-.."".-..#,..l - Cooperative Agreement Department of Justice Office of Justice Programs PAGE ] OF 9 National Institute of Justice 4, AWARD NlJ\4BER: 2009-m,~BX-K040 1. REC11'lENT NAME A1\D ADDRESS (Including Zip Code) City of Santa Ana 6QG'IicCel\tcTPlaza Santa Ana,CA 92701-4060 ]1/0112009 TO 05/31120lJ 5. PROJECT PERIOD: FROM 1110]/2009 TO 05/31/2011 c;!::l BUDGET PERIOD: FROM ~ Jl 6. AWARD DATE 09/16/2009 8 SuPPLEMENT NUMBER Initial 1. ACTlON LA GRA'\TEE IRS 'VENDOR NO f). 0- 956000785 00 9. PREVIOUS AWARD AMOeNT $0 3. PROJECT TITLE 10. AMOlJ}.'T OF THIS A'llARD $300,740 We will effectively address the changing investigatiw technique s and utilize e---' the newest DNA technology to solve violent crimes which have no current L1. TOTAL AWARD $300,740 leads. ~6 o ~\ .0~ 0~ 12. SPECIAL CONDlTlONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH COl\DlnONS OR LIMtTATlOKS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY ACTHORITY FOR GRANT This project is supported under FY09(NI1 - COPS DNA/Forensics) Pub. 1. No. 111-8, 123 Slat. 569, 583; 28 use 530C ~ o 15. METHOD OF PAYME:\T PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE l8. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL MaryLouLcary Acting Assistant Attorney General David Ream City);1a.nager 1 i. srOKA TURE Of APPROVrNG OFFlC[AL \9. SlGNATUl""j AC,HOR1ZE REClP~T OFFICIAL t/Clt- r;} 62.. 19A. DATE \\', \.- \...~. \ AGENCY C"SE ONLY 21. IDNSGTOO81 20. ACCOlJ1\TIl\G CLASS1FICATlON CODES FISCAL FUXD BUD. DIY. YEAR CODE ACT. GFL REG. SUB. POMS AMOUNT LX 60 00 300740 00 B DN OJP FORM 4000/2 (RE\. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) APPROVED AS TO FORM ~ L. ~<-O~Q ~A U--- AnES'n ~~ t) . (fv;<t-". MARIA 0 HUIZAR J CLERK OF THE COUNCIL A-2009-173 I f)' " . ,'" , , i~.,' Department of Justice Office of Justice Programs National Institute of Justice AWARD CONTINVATION SHEET PAGE 2 OF 9 Cooperative Agreement PROJECT NCMBER 2009-DN-BX.K040 AWARD DATE 09/16/2009 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 (OlP) 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. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, 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-B3 audits (and any other audits ofOJP 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 prior written approval of OJP. 5. The recipient must promptly refer to the DOl DIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either I) 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.hotline@usdoj.gov hotline: (contact infonnation in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional infonnation is available from the DOl DIG website at www.usdoj.gov/oig. I I L OJP FORM 4000/2 (REV. 4-88) {)If ~-I Department of Justice Office of Justice Programs :-.rational Institute of Justice AWARD CONTINUATIOl'l SHEET PAGE 3 OF 9 Cooperative Agreement I PROI~CT NLMBER 2009-DN-BX,K040 AWARD DATE 0911612009 SPECIAL CONDITIONS 6. Due to the substantial Federal involvement contemplated in completion of this project, the ~ational Institute of Justice (1\'U) has elected to enter into a cooperative agreement rather than a grant. This decision is based on NIl's ongoing responsibility to assist and coordinate projects that deal with DI'\A analysis and capacity enhancement, and certain other forensic activities. ~IJ will provide input and fe-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, NIl and the recipient wilt 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 OlP and NIl), and the terms and conditions specified in this award. Responsibility for general oversight and redirection of the project, if necessary, rests with NIl. In addition to its programmatic reporting requirements, the recipient agrees to provide necessary information as requested by OlP and NIl. These information requests may include, but are not limited to specific submissions related to: performance, including measurement of project outputs/outcomes; meeting performance specifications; developmental decision points; changes in project scope or personnel; budget modifications and/or coordination of related projects. 7. Cnless otherwise authorized by NIl, expenses charged to this award must directly relate to: (a) identification, review, and prioritization ofCniform Crime Report (VCR), Part I Violent Crime "cold cases" (cases for which all significant investigative leads have been exhausted) that have the potential to be solved through DNA analysis; (b) identification, collection, retrieval, or evaluation of biological evidence from such cases that reasonably is expected to contain DNA; or (c) performance ofDI\A analyses on such biological evidence. OJP FORM 4000/2 (REV. 4-88) ~ Department of Justice Office of Justice Programs National Institute of Justice A WARD CONTINUATION SHEET PAGE 4 OF 9 Cooperative Agreement I~~TNUMBER 2009-D1-i-BX-K040 AWARD DATE 09/16/2009 SPECIAL CONDITIONS 8. (a) Accreditation and Privacy Requirements; CaDIS; No Research The recipient shall ensure that each DNA analysis conducted under this award will 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 that demonstrate compliance with the DNA Quality Assurance Standards established by the Director of theFBL 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 l4132(b)(3). The recipient agrees to notify NIl immediately upon any change in the accreditation status of any of its forensic science laboratories, if applicable. The recipient shall ensure that all eligible forensic DNA profiles obtained with funding under this award will be entered into the Combined DNA Index System (CODIS), and, where applicable, uploaded to the National DNA Index System (NDIS). The recipient shall ensure that none of the funds provided under this award are used for research or statistical projects or activities as defined by 28 CFR Part 22 or for research as defined by 28 CFR Part 46. Any questions concerning this provision should be directed to the Nil Program Manager for the award. (b) Nonsupplanting of State or Local Funds The recipient shall ensure that Federal funds made available through this award will not supplant State or local 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 for activities funded through this award. The recipient agrees to notify NIl immediately if the recipient receives new State or local funding for any of the purposes included in the approved application for this award. (c) Data collection The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 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 made 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 COOlS, and the number of CaDIS 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 must be submitted to the Office of Justice Programs, on.1ine through https:llgrants.ojp.usdoj.govl. OIP FORM 4000/2 (REV. 4-88) ~ r- $, . , ';"t'. . !', ~ 0 ,~"',:;A/:;,;' . . Department of Justice Office of Justice Programs National Institute of Justice AWARD CONTINUATION SHEET PAGE 5 OF 9 Cooperative Agreement PROJECT NUMBER 2009-DN-BX-K040 AWARD DATE 09/1612009 SPECIAL CONDITIONS 10. The recipient agrees to submit quarterly financial status reports to OlP. At present, these reports are to be submitted on~line (at https://grams.ojp.usdoj.gDv)using Standard Fonn SF 269A, not later than 45 days after the end of each calendar quarter. The recipient understands that after October 15,2009, OlP 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/grants/standard_fonnslffr.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 https://grants.ojp.usdoj.gov)usingthe SF 425 Federal Financial Report form, not later than 30 days after the end of each calendar quaner. The final report shall be submitted not later than 90 days following the end of the grant period. 1 I. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end of the reporting periods, which are June 30 and December 31, for the life of the award. These reports will be submitted to the Office of Justice Programs, on line-through the Internet at https://grams.ojp.usdoj.gov/. L I flY<- OIP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs National Institute of Justice AWARD CONTINUATION SHEET Cooperative Agreement PAGE 6 OF 9 PROJECT XU\-fBER 2009-DN-BX-K040 AWARD DATE 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 $20,000 in award funds, the recipient 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 of non-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; ]0) costs of meals provided during the event; II) costs of refreshments provided during the event; 12) costs of event planner; 13) 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 participants, presenters, speakers) costs that are paid or reimbursed with cooperative agreement funds: 1) 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 transportation (e.g., rental car, POV) at event location. Note that if any item is paid for with registration fees, or any other non-award 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. DIP FORM 4000/2 (REV. 4-8ll) f)1Z . I Ef).~'.'~.~'....... I' , . ~. " ,\ ;" .~""""~ ,0" I Department of Justice Office of Justice Programs National Institute of Justice AWARD CONTINI:ATION SHEET PAGE 7 OF 9 Cooperative Agreement 2009-DN-BX_K040 AWARD DATE 09/16/2009 I PROJECT 'UMBER SPECIAL CONDITIONS 13. To assist in infonnation sharing, the award recipient shall provide the grant manager with a copy of all interim and final repons and proposed publications (including those prepared for conferences and other presentations) resulting from this agreement. Submission of such materials prior to or simultaneous with their public release aids Nil 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 supPDrted by Award No. awarded 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. NlJ 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. 14. The recipient shall transmit to the grant monitor copies of all official grant-related press releases at least ten (to) working days prior to public release. Advance notice permits time for coordination of release of information by NlJ 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 ofOJP. OJP will not unreasonably withhold concurrence. All successors to key personnel must be approved, and such approval is contingent upon submission of appropriate information, including, but not limited to, a resume. Changes in other program personnel require only notification to OJP and submission of resumes, unless otherwise designated in the award document. 16. Pursuant to 28 C.F.R. Part 18, OJP may suspend or terminate funding under this award, at any time before the completion of the project funded by this award, for the recipient's failure to comply with these special conditions or with the 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 royalty.free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) the copyright in any work developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. Recipient acknowledges that the Office 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 receive, reproduce, publish, or othen.vise 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 FORM 4000/2 (REV. 4-88) {}f( Ie I-- I Department of Justice Office of Justice Programs National Institute of Justice AWARD CONTI;'\/UATIO;'\/ SHEET PAGE 8 OF 9 Cooperative Agreement PROJECT NU\.fBER 2009-DN-BX-K040 AWARD DATE 09/16/2009 SPECIAL CONDITIONS 18. Patents and Inventions. The clauses at 37 C.F.R. section 401.14 (together, the "Patents Rights Clause") are incorporated by reference, with the fotlawing mDdifications. (I) Where italicized, the terms "contract," "contractor," and "contracting officer" are replaced, respectively, by the terms "award," "award recipient," and "OJP program manager"; (2) Patent Rights Clause paragraph (f) is modified by adding the following at the end: "(5) The award recipient agrees to provide a report prior to the close out of the award listing all subject inventions or stating that there were none. (6) The award recipient agrees to provide, upon request, the filing date, patent application number and title; a copy of the patent application; and patent number and issue date for any subject invention in any country in which the award recipient has applied for a patent."; (3) Patent Rights Clause paragraph (g) is modified to read as follows: "(g) Subawards and Subcontracts "The award recipient will include this Patent Rights Clause, suitably modified to identify the parties, in all subawards and subcontracts, regardless of tier, for experimental, developmental, or research work. The subaward recipient or subcontractor will retain all rights provided for the award recipient in this clause, and the award recipient will not, as a part of the consideration for awarding the subaward or subcontract, obtain rights in the subaward recipient's or subcontractor's subject inventions. "; and (4) Patent Rights Clause paragraph (1) is modified to read as follows: "(1) Communications "Communications on matters relating to this Patent Rights Clause should be directed to the General Counsel, Office of Justice Programs, United States Department of Justice. ". With respect to any subject invention in which the award recipient, or a subaward recipient or subcontractor, retains title, the Federal 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. DIP FORM 4000/2 (REV. 4-!l8) {)1( le.~.'" I ' 1 :!>.. ..~ , " ""'"-,~ . I ' - . Department of Justice Office of Justice Programs National Institute of Justice A WARD CONTI~UA TION SHEET PAGE 9 OF 9 Cooperative Agreement PROJECT NUMBER 2009-DK-BX-K040 AWARD DATE 09/16/2009 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 infonnation provided by the recipient in its application for these funds, Nil 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.S.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 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 the activities. The recipient will not implement a proposed change until NIl, with the assistance of the recipient, has completed any applicable environmental impact review requirements necessitated by the proposed change and NIJ 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 NIl 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 OJP. 9tt OIP FORM 4000/2 (REV. 4-8~) $, , ' . ' ',\ . ~,,' b:,""", , Department of Justice Office of Justice Programs National Institute of Justice Washing/on. D.C 20531 Memorandum To: Official Grant File From: Charles Heurich, Program Manager Subject: Categorical Exclusion for City of Santa Ana 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, ~IJ 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,S,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 inform NIJ of any changers) that it is considering making to the previously assessed activities that may be relevant to the environmental impacts of the 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 NIJ 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 NIl conducted environmental impact review process. ()I( Ie."... i ,i ~. n .. :~ I- I Th;, PCOJ"';' ,"ppoo,d "de< FY09(NIJ - COPS D'lA'Fm,n';"1 M. L No. Department of Justice Office of Justice Programs I PROJECT NUMBER 2Q09-DN-BX-K040 111-8, ]23 Stat. 569, 583; 28 use 530C Cooperative Agreement 1 I National Institute of Justice GRANT MA~AGER'S MEMORANDUM, PT. I: PROJECT SUMMARY PAGE I OF I hT AFF CONT AC~ (N,m, & '''''Pho", "mho,) Charles Hcurich (202)616-9264 2. PROJECT DIRECTOR (Name, address & telephone number) Robert Wooding Sergeant 60 Civic Center Plaza Santa Ana, CA 9270J-4060 (714)245-8355 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTJO:'>JS 0:'\1 REVERSE) I j Nl1 FY 09 Soilling Cold Cases with DNA We will effectively address the changing investigative technique:; and utilize the newest DNA technology to solve violent crimes which have no current leads. 5. :'-lAME & ADDRESS OF GRA~"~TEE 6. NAME & ADRESS OF SUBGRA~TEE City of Santa Ana 60 Civic Centcr PJaza Santa Ana, CA 92701-4060 7. PROGRAM PERlOO 8. BUDGET PERIOD FROM: 11/01/2009 TO: 05/31/20[1 FROM: 11/01/2009 TO: 05/3]/2011 L SECOND YEAR'S BUDGET 13. TH1RO YEAR'S BCDGET PERIOD 1'0 DATE OF AWARD 09/16/2009 9. AMOUNT OF AWARD $300,740 ]2. SECOND YEAR'S BUDGET AMOVNT I ~ 14. TH1RD YEAR'S BUDGET AMOIDH 15. SUMMARY OESCRlPTlON OF PROJECT (Sce instruction on revcrsc) The purpose of grant funding will allow overtime hours for one detective sergeant, four experienced detectives and one Propet1y/Evidence Specialist. The Homicide Sergeant will ~erve as the program manager for the grant, coordinate, supervise all project activities and assist with follow-up in~'estigations a& necessary to ensure program su.cccss. ca1ncf ()fL OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Office of the Assistant Attorney General Washington. D.C. 20531 September 16, 2009 Me David Ream City of Santa Ana 60 Civic Center Plaza Santa Ana, CA 92701-4060 Dear Mr. Ream: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the Solving Cold Cases with DNA Solicitation in the amount of$300,740 for City of Santa Ana. The title of the project is, "Using ~ew DNA Technology to Solve Cold Cases." Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of aU interim audit findings, and the maintenance of a minimum level of cash-an-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: Program Questions, Charles Heurich, Program Manager at (202) 616-9264; and Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, '\\~\ '-- '-~""-\ \ Mary Lou Leary Acting Assistant Attorney General Enclosures e.,.., .. Department of Jnstice Office of Justice Programs Office for Civil Rights Washing/on,D.C 20531 September 16,2009 Mr. David Ream City of Santa Ana 60 Civic Center Plaza Santa Ana, CA 92701-4060 Dear Mr. Ream: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OlP), C.S. Department of Justice is responsible fOf ensuring that recipients of financial aid from OlP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. 9 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more infonnation on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F .R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice tD fund inherently religious activities. While faith-based organizations can engage in nDn-funded inherently religiDus activities, they must be held separately from the Department Df Justice funded program, and customers {If beneficiaries cannDt be compelled to participate in them. The Equal Treatment Regulation alsD makes clear that Drganizations participating in programs funded by the Department of Justice are not pennitted tD discriminate in the pwvision Df services on the basis Df a beneficiary's religiDn. For more information on the regulation, please see OCR's website at http;//www.Djp.usdoj.gov/ocr/ettbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prDhibitions against discrimination Dn the basis of religion in employment. Despite these nondiscriminatiDn prDvisions, the Justice Department has concluded that the Religious Freedom RestoratiDn Act (RFRA) is reasonably construed, Dn a case-by-case basis, to require that its funding agencies pennit faith-based organizations applying fDr funding under the applicable program statutes bDth to receive DOl funds and tD cDntinue considering religion when hiring staff, even if the statute that authDrizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulatiDn or the applicatiDn ofRFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. 9 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. ~ 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. II 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance "t\'o. 6 in the Standard Assurances, COPS Assurance ~o. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full~ and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between 525,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. Tfyour organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. lfwe can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, ~d.~ Michael L. Alston Director cc: Grant Manager Financial Analyst $.....'... ' . '-.. .~~... ,~i.: Department of Jnstice Office of Justice Programs Office of the Chief Financial Officer Washington, D.C. 20531 September] 6, 2009 Mr. David Ream City of Santa Ana 60 Civic Center Plaza Santa Ana, CA 92701 .4060 Reference Grant Number: 2009-DN.BX-K040 Dear Mr. Ream: I am pleased to infonn you that my office has approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category Budget Personnel $269,440 $0 $29,800 51,500 $0 SO $0 $0 $300,740 SO $300,740 $300,740 $0 SO Fringe Benefits Travel Equipment Supplies Construction Contractual Other Total Direct Cost Indirect Cost Total Project Cost Federal Funds Approved: Non-Federal Share: Program Income: Match is not required for this grant program. If you have questions regarding this award, please contact: - Program Questions, Charles Heurich, Program Manager at (202) 616-9264 - Financial Questions, the Office of Chief Financial Officer, Customer Service Center(CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, 11""'""" K~~ Marcia K. Paull Chief Financial Officer