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HomeMy WebLinkAbout12185RESOLUTION NO. 12185 A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO APPLY FOR A 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) AND APPROVING A MEMORANDUM OF UNDERSTANDING CONCERNING RECEIPT AND DISBURSEMENT OF FUNDS FROM SAID GRANT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo Police Department is requesting the City of Pueblo submit an application to the United States Department of Justice (DOJ) for the 2011 Edward Byrne Memorial Justice Assistance Grant (JAG); and WHEREAS, the funds from this grant will be utilized by the Police Department, Sheriff’s Department, and the District Attorney’s Office to benefit the health, welfare and safety of the citizens of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The 2011 JAG Local Solicitation Application #2011-H3769-CO-DJ (Grant Application), a copy of which is attached hereto, is hereby approved and authorized for submittal to the United States Department of Justice. SECTION 2. The Memorandum of Understanding dated as of June 17, 2011, by and between the City of Pueblo, a Municipal Corporation, and Pueblo County, Colorado concerning the receipt and disbursement of the 2011 JAG funds, a copy of which is attached hereto, is hereby approved. SECTION 3. The President of the City Council is authorized to execute the Grant Application and Memorandum of Understanding in the name of the City. The City Clerk is directed to affix the seal to the Memorandum of Understanding and attest same. INTRODUCED June 27, 2011 BY: Larry Atencio COUNCILPERSON Background Paper for Proposed R ESOLUTION AGENDA ITEM # M-3 DATE: JUNE 27, 2011 DEPARTMENT: POLICE DEPARTMENT LUIS VELEZ, INTERIM CHIEF OF POLICE. TITLE A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO APPLY FOR A 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG), AND APPROVING A MEMORANDUM OF UNDERSTANDING CONCERNING RECEIPT AND DISBURSEMENT OF FUNDS FROM SAID GRANT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE The United States Department of Justice (DOJ) has informed the Police Department that funds are available under the Edward Byrne Memorial Justice Assistance Grant (JAG). These funds are to be divided between the City and County to their mutual satisfaction as per the attached Memorandum of Understanding. RECOMMENDATION Approval of this Resolution. BACKGROUND The Edward Byrne Memorial Justice Assistance Grant (JAG) Program provides funds to units of local government for the purpose of improving law enforcement technology and upgrading necessary equipment. The program is designed to help local communities address problems specific to their area. FINANCIAL IMPACT This grant funding represents $111,527 to the City and County of Pueblo with no required match. The City’s share of the $111,527 is $84,761. The City’s share will be used to fund six (6) Police Department equipment projects including, mandatory replacement Intoxilyzers (2), ruggedized laptop computers (3) and desktop computers (3), Taser repair and replacements (33), Body Wire System replacement (1), Laser Mapping System (1) and Laser speed detection replacement units (2). MEMORANDUM OF UNDERSTANDING CONCERNING RECEIPT AND DISBURSEMENT OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS FOR FY 2011 (GMS APPLICATION #2011- H3769- CO -DJ) THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 17 day of June, 2011, by and between the City of Pueblo, a Municipal Corporation (hereafter referred to as the "City ") and Pueblo County, Colorado (hereafter referred to as the "County ") WITNESSETH WHEREAS, the parties recognize that for FY 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) funding, administered by the U S Office of Justice Programs, Pueblo County has been certified as a disparate jurisdiction by the Colorado State Attorney General's Office, and WHEREAS, Federal Edward Byrne Memorial Justice Assistance Grant funding requires that a certified disparate county and the city or cities within the county are to divide available funds to their mutual satisfaction, and that if the parties are unable to reach a mutual agreement, no jurisdiction is eligible to receive funds, and WHEREAS, the parties reached an agreement over the receipt of $111,527 00 in JAG funds and the disbursement of those funds and wish to set such agreement as follows NOW, THEREFORE, in consideration of the mutual covenants contained herein and in accordance with Federal law, the parties agree as follows 1 The $111,527 00 JAG Grant Funds will be allocated as follows The City will receive $84,761 00 and will use these resources to fund six (6) projects /programs that are outlined in the Program Narrative attachment of the application The County will receive $26,766 00 of which the Pueblo County Sheriff's Department will receive $21,413 00 to fund one (1) different project/program that is outlined in the Program Narrative attachment of the application The Pueblo County District Attorney will receive $5,353 00 of the County's allocation to fund one (1) different project/program that is outlined in the Program Narrative attachment of the application The City will serve as the applicant/fiscal agent. 2 The City, County, Pueblo County Sheriff's Department and Pueblo County District Attorney shall each meet and comply with the assurances, certifications, general and special conditions set forth in the FY 2011 JAG Grant Funds Award which are incorporated herein as if set out herein in full, and shall expend their respective funds solely for their approved projects Memorandum of Understanding Concerning Receipt and Disbursement of Edward Byrne Memorial Justice Assistance Grant Funds for FY 2011 Page — 2 IN WITNESS WHEREOF the parties have entered into this Memorandum of Understanding the day and year first written above ATTEST e / PUEBLO COUNTY COLORADO a g By OrirdC Clerk to the Board Chair n, Board of County Commissioners ATTEST C ITY OF PUEBLO A Municipal Corporation By By ll. �J� City S k Presid nt of :he i Council ATTEST PUEBLO COUNTY SHERIFF Lfyyk.4--tu. By C, YLIO By Kirk Taylor Sher" ATTE T CITY OF PUEBLO POLICE DEPARTMENT , By ;a By / Luis Vel- Inter s. of of Po ce ATTEST 10 JUDICIAL DISTRICT ATTORNEY By / V v 14/! ( l 21 f 2)11 k . (l VW tai By Bill Thiebaut, District Attorney hl>u S DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE CHIEF FINANCIAL OFFICER CERTIFICATIONS REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS, AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form Acceptance of this form provides for compliance with certification requirements under 28 CFR Part 69 New Restrictions on Lobbying " 2 CFR Part 2867 "DOJ Implementation of OMB Guidance of Nonprocurement Debarment and Suspension and 28 CFR Part 83 "Government -wide Debarment and Suspension " and Government -wide Requirements for Drug -Free Workplace (Grants) " The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction grant, or cooperative agreement. 1 LOBBYING As required by Section 1352, Title 31 of the U S Code and implemented at 28 CFR Part 69 for persons entering into a grant or cooperative agreement over $100 000 as defined at 28 CFR Part 69 the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension continuation renewal amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency a Member of Congress an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, 'Disclosure of Lobbying Activities," in accordance with its instructions (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly 2. DEBARMENT SUSPENSION AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549 Debarment and Suspension and implemented at 2 CFR Part 2867 for prospective participants in primary covered transactions, as defined at 2 CFR Section 2867.20(a) A. The applicant certifies that it and its principals (a) Are not presently debarred suspended proposed for debarment, declared ineligible sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency (b) Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining attempting to obtain or performing a public (Federal State or local) transaction or contract under a public transaction violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery bribery falsification or destruction of records, making false statements or receiving stolen property (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification and (d) Have not within a three -year period preceding this application had one or more public transactions (Federal State or local) terminated for cause or default. B Where the applicant is unable to certify to any of the statements in this certification he or she shall attach an explanation to this application 3 DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988 and implemented at 28 CFR Part 83 Subpart F for grantees, as defined at 28 CFR Sections 83 620 and 83 650 A. The applicant certifies that it will or will continue to provide a drug -free workplace by (a) Publishing a statement notifying employees that the unlawful manufacture distribution dispensing possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition (b) Establishing an on -going drug -free awareness program to inform employees about (1) The dangers of drug abuse in the workplace (2) The grantee's policy of maintaining a drug -free workplace (3) Any available drug counseling rehabilitation and employee assistance programs and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a) (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction (e) Notifying the agency in writing within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction Employers of convicted employees must provide notice including position title to Department of Justice Office of Justice Programs ATTN Control Desk, 810 7th Street, N W Washington D C 20531 Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions within 30 calendar days of receiving notice under subparagraph (d)(2) with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee up to and including termination consistent with the requirements of the Rehabilitation Act of 1973 as amended or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal State or local health law enforcement, or other appropriate agency (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a) (b) (c) (d) (e) and (f) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications u , , ° = OMB APPROVAL NUMBER 1121 -0140 7p EXPIRES 12/31/2012 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes regulations, policies guidelines and requirements, including OMB Circulars A -21 A -87 A -102, A -110 A -122 A -133 Ex. Order 12372 (intergovernmental review of federal programs) and 28 C F R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements) The applicant also specifically assures and certifies that: 1 It has the legal authority to apply for federal assistance and the institutional managerial and financial capability (including funds sufficient to pay any required non - federal share of project cost) to ensure proper planning management, and completion of the project described in this application 2 It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain 3 It will give the awarding agency or the General Accounting Office through any authorized representative access to and the right to examine all paper or electronic records related to the financial assistance 4 It will comply with all lawful requirements imposed by the awarding agency specifically including any applicable regulations such as 28 C F R pts 18 22 23 30 35 38 42 61 and 63 and the award term in2CFR §17515(b) 5 It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U S C § 470) Ex. Order 11593 (identification and protection of historic properties) the Archeological and Historical Preservation Act of 1974 (16 U S C § 469 a -1 et seq) and the National Environmental Policy Act of 1969 (42 U S C § 4321) 6 It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily - imposed nondiscrimination requirements which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U S C § 3789d) the Victims of Crime Act (42 U S C § 10604(e)) The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U S C § 5672(b)) the Civil Rights Act of 1964 (42 U S C § 2000d) the Rehabilitation Act of 1973 (29 U S C § 7 94) the Americans with Disabilities Act of 1990 (42 U S C § 12131 -34) the Education Amendments of 1972 (20 U S C § §1681 1683 1685 -86) and the Age Discrimination Act of 1975 (42 U S C §§ 6101 -07) see Ex. Order 13279 (equal protection of the laws for faith -based and community organizations) 7 If a governmental entity a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U S C § 4601 et seq) which govern the treatment of persons displaced as a result of federal and federally- assisted programs and b it will comply with requirements of 5 U S C §§ 1501 -08 and §§ 7324 -28 which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance