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HomeMy WebLinkAboutMINUTES - 09262006 - C.41 TO;.. . BOARD OF SUPERVISORS s� L '°� Contra FI;OM: Warren E. Rupf, Sheriff Costa a DATE: September 26, 2006 =— ,. vim Os�'4,COUIy'� county SUBJECT: DNA Backlog Reduction Program Grant SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Sheriff, or designee to apply for and accept grant funding on behalf of the County from the National Institute of Justice for DNA Forensic Casework Backlog Reduction and DNA Capacity Enhancement Programs in an amount not to exceed $231,715 for the period October 1, 2006 through September 30, 2007. II. FINANCIAL IMPACT: NONE. Projects are funded through the National Institute of Justice Grants. III. BACKGROUND/REASON(S) FOR RECOMMENDATION(S) The grants from the National Institute of Justice will provide the Forensic Services Division funding to hire an analyst to screen evidence for DNA and a second analyst to perform DNA profiling with the goal to reduce the DNA backlog in the Forensic Services Division. Funding will also be used to purchase digital cameras to document evidence, proficiency tests, computer and related equipment for new personnel, and attendance at an out of state training seminar for the new analysts. CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE: ^��� '7 c✓��— ❑-MECOMMENDATION OF COUNTY ADMINISTRATOR [I RECOMMENDATION OF BOARD COMMITTEE EA-OPROVE ❑ OTHER SIGNATURE(S): f ' ACTION OF BO ON F/JIr a1�� APPROVED AS RECOMMENDED R ] OTHER ❑ JUE OF SIJPBRVISCIS:RI HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND NANIMOUS(ABSENT I ENTERED ON THE MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTE ED / Contact: Connie Ames 335-1553 JOHA CULLEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: Office of the Sheriff CAO-Justice System Administration By: VJ--A',�"Jeeputy 'x Department of Justice Office of Justice Programs Office of the Assistant Attorney General Washington,D.C. 20531 August 31,2006 Sheriff Warren Rupf Contra Costa County 651 Pine Street 11th Floor Martinez,CA 94553-0039 Dear Sheriff Rupf: On behalf of Attorney General Alberto Gonzales,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the NIJ FY06 DNA Capacity Enhancement Program Solicitation in the amount of $136,825 for Contra Costa County. This funding is for the project titled"NIJ's FY 2006 Forensic DNA Capacity Enhancement Program". 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 all interim audit findings,and the maintenance of a minimum level of cash-on-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,Susan Narveson,Program Manager at(202)305-4884;and Financial Questions,the Office of the Comptroller,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask.oc@usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, Regina B.Schofield Assistant Attorney General Enclosures Department of Justice h I: Office of Justice Programs Office for Civil Rights Washington,D.C. 20531 August 31,2006 Sheriff Warren Rupf Contra Costa County 651 Pine Street I 1 th Floor Martinez,CA 94553-0039 Dear Sheriff Rupf: 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(OJP),U.S.Department of Justice is responsible for ensuring that recipients of financial aid from OJP, 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.§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 information 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 to fund inherently religious activities.While faith-based organizations can engage in non-funded inherently religious activities,they must be held separately from the Department of Justice funded program,and customers or beneficiaries cannot be compelled to participate in them.The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion.For more information on the regulation,please see OCR`s website at http:l/www.ojp.usdoj.gov/ocr/etfbo.btm. 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 prohibitions against discrimination on the basis of religion in employment.These employment provisions have been specifically incorporated into 28 C.F.R.Part 38.10 and 38.2(f).Consequently,in many circumstances,it would be impermissible for faith-based organizations seeking or receiving funding authorized by these statutes to have policies or practices that condition hiring and other employment-related decisions on the religion of applicants or employees.Programs subject to these nondiscrimination provisions may be found on OCR's website at http://www.ojp.usdoj.gov/ocr/. Questions about the regulation or 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.§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.§§ 42.205(5)or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations,Assurance No.6 in the Standard Assurances,COPS Assurance No.8.13,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 ESOP and submit it to OCR for review within 60 days from the date of this letter.For assistance in developing an EEOP,please consult OCRs website at http://www.ojp.usdoj.gov/ocr/ecop.htm. You may also request technical assistance from an EEOPspecialist at OCR by dialing(202)616-3208. If your organization received an award between$25,000 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. If your 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/ceop.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. t 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 ESOP,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. If we 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, Michael L.Alston Director cc: Grant Manager Financial Analyst Department of Justice Office of Justice Programs 6� PAGE I OF 4 National Institute of Justice Cooperative Agreement 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2006-DN-BX-KI54 Contra Costa County 651 Pine Street I Ith Floor S.PROJECT PERIOD:FROM 10/01/2006 TO 09/30/2007 Martinez,CA 94553-0039 BUDGET PERIOD:FROM 10/01/2006 TO 09/30/2007 6.AWARD DATE 08/31/2006 7,ACTION IA.GRANTEE IRS/VENDOR NO. 8.SUPPLEMENT NUMBER Initial 946000509 00 9.PREVIOUS AWARD AMOUNT $0 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $136,825 FY 2006 Forensic DNA Capacity Enhancement Program-Contra Costa County 11.TOTAL AWARD $136,825 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under Publ.L.No.109-108,tit.1,119 Stat.2290,2302(DOJ Appropriations Act,2006-NIJ-DNA 2006) 15.METHOD OF PAYMENT PAPRS AGENCY APPROVAL -_ -- GRANTEE ACCEPTANCE _- 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Regina B.Schofield Warren Rupf Assistant Attorney General Sheriff n. 17.SIGNATURE OF APPROVING OFFICIAL 19. IGNATURE F AUT RIZED RECIP OFFICIAL 19A.DATE AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. DN06SO0179 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X . B DN 60 00 00 136825 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 400012(REV.4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION National Institute of SHEET PAGE 2 OF 4 r� • Justice ,. Cooperative Agreement PROJECTMIMBER 2006-DN-BX-10154 AWARD DATE 08/3112006 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.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;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. Quality assurance The Recipient shall ensure that each government-owned laboratory that will receive funding under this award either(1) is accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community;or(2)undergoes external audits,not less than once every 2 years, that demonstrate compliance with DNA Quality Assurance Standards established by the Director of the Federal Bureau of Investigation(FBI),and intends to apply for accreditation by September 30,2007;or(3)has a plan to undergo an external audit and seek to demonstrate compliance with the DNA Quality Assurance Standards established by the Director of the FBI by September 30,2006 with the intent of applying for by September 30,2007. The Recipient agrees to notify NU immediately upon any change in the accreditation status of its forensic science laboratory. 6. No research;nonsupplanting of State or local funds 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 NU Program Manager for the award. The Recipient shall ensure that Federal funds made available through this award will not supplant State or local 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 sources for activities funded through this award. The Recipient agrees to notify NU immediately if the Recipient receives new State or local funding for any of the purposes included in the approved application for this award. OR FORM 40002(REV.4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION ' National Institute of SHEET PAGE 3 of 4 °°�^"• Justice Cooperative Agreement uy P g PROJECTNUMBER 2006-DN-BX-K154 AWARD DATE 08/31/2006 SPECIAL CONDITIONS 7. (A)Quarterly performance metric reports The Recipient agrees to submit quarterly performance metric reports that will be submitted within 45 days after the end of the calendar quarter.The reports shall be submitted on-line through the Office of Justice Programs Grants Management System. The reports should contain information regarding changes during the reporting quarter in(1)the number of days between submission of a DNA sample to a lab and the delivery of the test results to the requesting agency,and(2)the number of DNA samples analyzed per analyst. (B)Final Report— DNA Capacity Enhancement The Recipient shall submit a report within 90 days of the end of the award period. The report must include a summary and assessment of the program carried out with the Fiscal Year 2006 award and shall cite the reduction in the average number of days between submission of a DNA sample to the laboratory and delivery of the test results to the requesting agency and the increase in DNA analysis throughput for the laboratory as a result of the Fiscal Year 2006 award. 8. The recipient agrees to submit quarterly financial status reports to the Office of Justice Programs using Standard Form SF 269A on the Internet at https://grants.ojp.usdoj.gov. These reports shall be submitted on-line not later than 45 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the grant period. 9. 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://grants.ojp.usdoj.gov/. 10. Due to the substantial Federal involvement 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 NU's ongoing responsibility to assist and coordinate projects that deal with DNA analysis and capacity enhancement. NU 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 NU),and the terms and conditions specified in this award. Responsibility for general oversight and redirection of the project,if necessary,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 ofproject outputs/outcomes;meeting performance specifications;developmental decision points;changes in project scope or personnel;budget modifications and/or coordination of related projects. 11. 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. 12. Pursuant to 28 C.F.R.Part 18,OJP may suspend or temiinate 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 projects 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. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION National Institute of SHEET PAGE 4 OF 4 .�o::�.• Justice Cooperative Agreement PROJECT NUMBER 2006-DN-BX-K154 AWARD DATE 08/31/2006 SPECL4L CONDITIONS 13. To assist in information sharing,the grantee 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 or 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 grantee'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 of the author(s)and do not necessarily reflect the views of the Department of Justice. NIJ defines publications as any planned,written,visual or sound material substantively based on the project,formally prepared by the grant recipient for dissemination to the public. 14. 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,for Federal government 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;and(2)authorize others to receive,reproduce,publish,or otherwise use such data for Federal purposes. 15. 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.Environmental Assessment(EA):The Recipient agrees and understands that funded activities may require the preparation of an environmental assessment (EA)as defined by the Council on Environmental Quality's Regulations for implementing the Procedural Provisions of the National Environmental Policy Act(NEPA),found at 40 CFR Part 1500. An EA is a concise public document that briefly provides sufficient analysis for determining whether to prepare an environmental impact statement(EIS)or a finding of no significant impact for the proposed activity. If in completing an EA for a proposed activity,potential adverse environmental impacts are identified,the EA will serve as a vehicle for developing either alternative approaches or mitigation measures for avoiding or reducing the identified adverse environmental impacts. Modifications:Throughout the term of this award,the Recipient agrees that for any activity that is the subject of a completed Environmental Assessment(EA),it will inform NIJ of(1)any change(s)that it is considering making to the previously assessed activity;(2)any changed circumstances,such as a change in the project site's conditions;or(3)any significant new information. The Recipient will not implement a proposed change until NU,with the assistance of the Recipient,has determined whether the proposed change will require additional review under NEPA. Likewise,in the case of new circumstances or information arising,NU,with the assistance of the Recipient,will determine if any additional environmental impact analysis is necessary. The approval will not be unreasonably withheld as long as any requested modification(s)is consistent with eligible program purposes and found acceptable under an NU conducted environmental impact review process. 16. The recipient agrees not to obligate,expend,or draw down any funds until the program office has verified that the recipient has submitted all necessary documentation required to comply with the Department of Justice Procedures for Implementing the National Environmental Policy Act found at 28 CFR Part 61 and a Grant Adjustment Notice has been issued removing this condition. 17. The recipient agrees not to obligate,expend,or draw down any funds until a revised budget reflecting the final award amount has been received by the National Institute of Justice and a Grant Adjustment Notice has been issued removing this condition. OJP FORM 400012(REV.4-88) Department of Justice .a lei q. Office of Justice Programs National Institute of Justice Washington,D.C. 20531 Memorandum To: Official Grant File From: Susan Narveson,Chief,IFSD Subject: Incorporates NEPA Compliance in Further Developmental Stages for Contra Costa County The recipient agrees not to obligate,expend,or draw down any funds until the program office has verified that the recipient has submitted all necessary documentation required to comply with the Department of Justice Procedures for Implementing the National Environmental Policy Act found at 28 CFR Part 61 and a Grant Adjustment Notice has been issued removing this condition. _ Department oe J stir a Programs GRANT MANAGER'S MEMORANDUM,PT.I: PROJECT SUMMARY f National Institute of Justice Cooperative Agreement PROJECT NUMBER 2006-DN-BX-K154 PAGE 1 OF 1 This project is supported under Publ.L.No.109-108,tit.I,119 Stat.2290,2302(DOJ Appropriations Act,2006-NIJ-DNA 2006) 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) Susan Narveson Karen Sheldon (202)305-4884 Chief of Forensic Services 651 Pine Street 7th Floor Martinez,CA 94553-0039 (925)313-2810 3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS NIJ FY06 DNA Capacity Enhancement Program Solicitation ON REVERSE) 4.TITLE OF PROJECT FY 2006 Forensic DNA Capacity Enhancement Program-Contra Costa County 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE Contra Costa County 651 Pine Street 1 Ith Floor Martinez,CA 94553-0039 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM: 10/01/2006 TO: 09/30/2007 FROM: 10/01/2006 TO: 09/30/2007 9.AMOUNT OF AWARD 10.DATE OF AWARD S 136,825 08/31/2006 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) This program furthers the Department of Justice's mission by offering an opportunity for States and units of local government with existing crime laboratories that conduct DNA analysis to improve laboratory infrastructure and analysis capacity so that DNA samples can be processed efficiently and cost-effectively.These improvements are critical to preventing future DNA backlogs and to helping the criminal justice system use the full potential of DNA technology. nca/ncf OJP FORM 4000/2(REV.4-88)