HomeMy WebLinkAbout08258ORDINANCE NO. 8258
AN ORDINANCE APPROVING AND ACCEPTING A U. S.
DEPARTMENT OF JUSTICE 2010 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE (2010 JAG) GRANT, AWARD NO. 2010-
DJ-BX-0965, AND APPLICABLE CONDITIONS PERTAINING
THERETO, ESTABLISHING PROJECT NUMBER PD1008,
BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT
OF $81,011.00, AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE SAME, AND THE CITY MANAGER TO
EXECUTE RELATED CERTIFICATIONS, ASSURANCES AND
OTHER DOCUMENTS
WHEREAS, the City Council of Pueblo has the authority on behalf of the City of
Pueblo, including its Police Department, to accept grants from the federal government
for public and municipal purposes and to enter into agreements relating thereto, and
WHEREAS, the United States Department of Justice (“DOJ”) has tendered a
Justice Assistance Grant Award No. 2010-DJ-BX-0965 (the “Award”) in the amount of
$81,011.00 upon conditions recited therein or incorporated therein by reference; and
WHEREAS, acceptance of the Award for the purposes for which it has been
made is in the best interest of the City and will benefit the health, welfare and safety of
the citizens of the City; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Awarding of Grant No. 2010-DJ-BX-0965 to the City of Pueblo, a true copy
of which is attached hereto, is hereby approved and accepted in accordance with its
terms and conditions.
SECTION 2.
The President of the City Council is authorized to execute the Grant Award
acceptance in the name of and on behalf of the City, and the City Manager is authorized
to execute any and all other certifications, assurances and other documents associated
therewith.
SECTION 3.
Project Number PD1008 (2010 JAG) is hereby established, and the amount of
$81,011.00 is budgeted and appropriated therefore.
SECTION 4.
The Grant Award Funds shall be deposited in an account that is specifically
designated for the Justice Assistance Grants Program (“Program”). The funds in the
account, including interest thereon, shall only be expended and used for the Program,
and shall be so obligated and expended by September 30, 2013, provided, however,
that none of the funds shall be spent or obligated until all applicable conditions
precedent for expenditure of Grant Funds have been satisfied, as set forth in the Grant’s
Special Conditions.
SECTION 5.
This Ordinance shall become effective upon final passage.
INTRODUCED: August 23, 2010
BY: Vera Ortegon
COUNCILPERSON
PASSED AND APPROVED: September 13, 2010
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R-4
DATE:
AUGUST 23, 2010
DEPARTMENT:
POLICE DEPARTMENT
CHIEF JAMES W. BILLINGS, JR.
TITLE
AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF JUSTICE
2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE (2010 JAG) GRANT,
AWARD NO. 2010-DJ-BX-0965, AND APPLICABLE CONDITIONS PERTAINING
THERETO, ESTABLISHING PROJECT NUMBER PD1008, BUDGETING AND
APPROPRIATING FUNDS IN THE AMOUNT OF $81,011.00, AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, AND THE CITY MANAGER
TO EXECUTE RELATED CERTIFICATIONS, ASSURANCES AND OTHER DOCUMENTS
ISSUE
Should the City Council accept the 2010 Edward Bryne Memorial Justice Assistance Grant
(2010 JAG) in an amount not to exceed $81,011.00?
RECOMMENDATION
Approval of this Ordinance.
BACKGROUND
This grant will allow the Police Department to use these funds to improve law enforcement.
The program is designed to help local communities address problems specific to their area.
FINANCIAL IMPACT
This grant funding represents $81,011.00 to the City and County of Pueblo with no required
match. The City’s share of the $81,011.00 is $61,568.00.
The City’s share will be used to purchase two (2) new traffic enforcement police
motorcycles and twenty (20) new Tasers, in order to provide all uniformed officers with a
Taser.
Department of Justice j
Office of Justice Programs
.1; ` PAGE 1 OF 5
Bureau of Justice Assistance Grant
40S r;cv
I. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2010 -DJ -BX -0965
City of Pueblo
P.O. Box 1427 5. PROJECT PERIOD: FROM 10/01/2009 TO 09/30/2013
Pueblo, CO 811)02
BUDGET PERIOD: FROM 10/01/2009 TO 09/30/2013
I !, 6. AWARD DATE 08/10/2010 - - - -- 7. ACTION
IA. GRANTEE IRS /VENDOR NO. 8. SUPPLEMENT NUMBER Initial
846006151 00
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9. PREVIOUS AWARD AMOUNT $ 0
3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 81,011
Law Enforcement Resource Enhancement Project
I I. TOTAL AWARD $ 81,011
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 FY 10 (BJA - JAG) 42 USC 3750, et seq.
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15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
James H. Burch II Lawrence Atencio
j City Council President
Acting Director
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17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL ' I9A. DATE
9/13/10
' " AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES 21. JDJUGTI 146
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 81011
OJP FORM 4000/2 (REV. 5 -87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4 -88)
Department ofJustice
oz's '`'',, Office ofJustice Programs AWARD CONTINUATION
1 `
4, Bureau of Justice Assistance SHEET PAGE 2 OF 5
Grant
PROJECT NUMBER 2010 -DJ -BX -0965 AWARD DATE 08/10/2010
SPECIAL CONDITIONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office ofJustice Programs (OW) 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 -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 govemment, without the
express prior 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 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
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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.
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 Reform Now (ACORN) or its
subsidiaries, without the express prior written approval of OJP.
7. The 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 4000/2 (REV. 4 -88)
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Department of Justice
M1 fAA
4 r' Office of Justice Programs AWARD CONTINUATION
.91 i01, erg .4 Bureau of Justice Assistance SHEET PAGE 3 OF 5
,.y Grant
PROJECT NUMBER 2010 -DJ -BX -0965 AWARD DATE 08/10/2010
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SPECIAL CONDITIONS
8. To support public safety and justice information sharing, OJP requires the grantee to use the National Information
Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make
available without restriction all schemas generated as a result of this grant to the component registry as specified in the
guidelines. For more information on compliance with this special condition, visit
http://www.niem.gov/implementationguide.php.
9. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
10. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation "). The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the :.
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub - grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations
in ro rams directly funded by the Department of Justice are not permitted to discriminate in the provision
participating P g Y Y P P P
of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith -
based organizations may, in some circumstances, consider religion as a basis for employment. See
http:// www. ojp.gov /aboutlocr /equal_fbo.htm.
11. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must
conform to the grant program requirements as stated in BJA program guidance.
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12. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28
C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable.
Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as
per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c) -(d). Recipient may not satisfy such a fine with federal funds.
13. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period. This is
to facilitate communication among local and state governmental entities regarding various information technology
projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file
documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to
http:/ /www.it.ojp.gov /default.aspx? area= policyAndPractice &page = 1046 .
14. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board
approval, if appropriate, and subject informed consent.
15. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that
are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant
approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular,
section 22.23.
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OJP FORM 4000/2 (REV. 4 -88)
d
- as
Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 4 OF 5
�f dtif. Grant
PROJECT NUMBER 2010 -DJ -BX -0965 AWARD DATE 08/10/2010
SPECIAL CONDITIONS
16. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National
Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these
grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any
of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is
determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA.
The grantee understands that this special condition applies to its following new activities whether or not they are being
specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a
subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special
condition must first be met. The activities covered by this special condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and •
agrees to the requirements for implementation of a Mitigation Plan, as detailed at
http: / /www.ojp.usdoj.gov /BJA /resource /nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its
subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request
from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment
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of that funded program or activity.
17. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest - bearing
account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond
the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate
and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds
(including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice
Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal
Financial Report (SF -425).
18. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be
used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law
enforcement activities.
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OJP FORM 4000/2 (REV. 4 -88)
Department of Justice
Office oflustice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 5 OF 5
- Grant
PROJECT NUMBER 2010 -DJ -BX -0965 AWARD DATE 08/10/2010
SPEC /AL CONDITIONS
19. Award recipients must submit quarterly a Federal Financial Report (SF -425) and annual performance reports through
GMS (https: / /grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act (GPRA), P.L. 103 -62, applicants who receive funding under this solicitation must
provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted
through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed
information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to
submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk
designation.
20. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
21. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded
with these funds who is a task force commander, agency executive, task force officer, or other task force member of
equivalent rank, will complete required online (intemet- based) task force training. The training is provided free of
charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task
force members are required to complete this training once during the life of the award, or once every four years if
multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues
including privacy and civil liberties /rights, task force performance measurement, personnel selection, and task force
oversight and accountability. Additional information is available regarding this required training and access methods
via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
OR FORM 4000/2 (REV. 4 -88)
- „, ,, t,.:1 , . , ;,:,- Department of Justice
s(n "` N.. � -j ,1 Office of Justice Programs
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, FG ae`., :i
, u ,�i o `' Bureau of Justice Assistance
Washington, D.C. 20531
Memorandum To: Official Grant File
From: Orbin Terry, NEPA Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Pueblo
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of
which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA
and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds
are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of
the specified activities, the grantee must first determine if any of the specified activities will be funded by the
grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a
property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as
an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental
Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations,
the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan
requirements, please see http: / /www.ojp.usdoj.gov /BJA /resource /nepa.html.
Please be sure to carefully review the grant conditions on your award document, as it may contain more specific
information about environmental compliance.
CV(...‘")1/i
Department of Justice
GRANT MANAGER'S MEMORANDUM, PT. I:
Office of Justice Programs
^� s, PROJECT SUMMARY
g(� 1 Bureau of Justice Assistance
Grant
.
PROJECT NUMBER — —
2010 -DJ -BX -0965 PAGE 1 OF 1
This project is supported under FY I0 (BJA - JAG) 42 USC 3750, et seq. j
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I. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number)
Kathy Mason Michael Bennett
(202) 514 -8692 Deputy Chief
1 City Hall Place
Pueblo, CO 81003 -4201
(719) 553 -2464
3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
FY 2010 Justice Assistance Grant Program
4. TITLE OF PROJECT
Law Enforcement Resource Enhancement Project
5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE
City of Pueblo
P.O. Box 1427
Pueblo, CO 81002
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7. PROGRAM PERIOD 8. BUDGET PERIOD
FROM: 10/01/2009 TO: 09/30/2013 FROM: 10/01/2009 TO: 09/30/2013
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9. AMOUNT OF AWARD 10. DATE OF AWARD
$ 81,011 08/10/2010
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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)
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of
activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical
assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the
following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community
corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and
witness programs (other than compensation).
The disparate jurisdictions consisting of Pueblo County and Pueblo City will share this JAG award in the amount of $81,011 toward law enforcement and
technology initiatives. The city of Pueblo, serving as the fiscal agent, will use $61,568 for law enforcement equipment and reliable police motorcycles that will be
OJP FORM 4000/2 (REV. 4 -88)
79,
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used for traffic enforcement assignments. Pueblo County will use $19,443 to purchase law enforcement equipment.
NCA/NCF
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