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HomeMy WebLinkAbout08627 ORDINANCE NO. 8627 AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF JUSTICE 2013 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE (2013 JAG) GRANT, AWARD NO. 2013- DJ-BX-0577, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PD1310, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $88,566, 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. 2013-DJ-BX-0577 (the “Award”) in the amount of $88,566 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. 2013-DJ-BX-0577 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 PD1310 (2013 JAG) is hereby established, and the amount of $88,566 is budgeted and appropriated therefore. SECTION 4. The Grant Award Funds shall be deposited in an interest bearing trust fund 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, 2016, 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: The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached awardto effectuate the policies and procedures described herein. SECTION 6. This Ordinance shall become effective upon final passage. INTRODUCED: August 26, 2013 BY: Ami Nawrocki PASSED AND APPROVED: September 9, 2013 BACKGROUND PAPER FOR PROPOSED ORDINANCE DATE: AUGUST 12, 2013 AGENDA ITEM # R-4 DEPARTMENT: POLICE DEPARTMENT CHIEF LUIS VELEZ TITLE AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF JUSTICE 2013 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE (2013 JAG) GRANT, AWARD NO. 2013-DJ-BX-0577, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PD1310, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $88,566, 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 2013 Edward Bryne Memorial Justice Assistance Grant (2013 JAG) in an amount not to exceed $88,566? 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 $88,566 to the City and County of Pueblo with no required match. The City’s share of the $88,566 is $67,310. The City’s share will be used to purchase SWAT equipment, Crash and Crime Scene Investigation equipment, “simunition” firearms training equipment and necessary computer replacements. 2013 Justice Assistance Grant (JAG) Local Solicitation Projects & Programs Application # 2013- H4027 -CO -DJ Disparate Certification A disparate allocation occurs when a city or municipality is scheduled to receive one and one -half times (150 percent) more than a county with concurrent jurisdiction, while that county bears more than 50 percent of the costs associated with prosecution or incarceration of the municipality's Part 1 violent crime. Multiple disparate allocations occur when multiple cities or municipalities are collectively eligible to receive four times (400 percent) more than the county. JAG disparate jurisdictions are certified by the Director of the Bureau of Justice Assistance (BJA), based in part on input from the state's Attorney General. For a listing of disparate jurisdictions, go to www.ojp.usdoj.gov/BJA/recoveryJAG/recoveryallocations.html. Name of Project Agency Amount Description This is for variety of computer components including; generalized laptop and desktop: mobile printers Misc Computer,Projects, PPD ;120,000 software, licenses and:other; hardware as needed. Specialized Desktop This project includes two (2) specialized desktop computers as PPD $3,890 needed.. This project includes two` (2) specialized laptop. computers as Specialized Laptop Computers . P.PD $5,578 needed. This project includes two (2) pieces of equipment required for: 4', Bomb' Squad,Certification continued Bomb Certification including a shocktube Required Equipment PPD $5,543 initiator. ($693) and .T 3 `PAN: Disruptor ($4,850) This projects includes' Cellebrite to-software to Logical Cellebrite UFED ce11 phone and Physical; programming which will allow formore complete forensic.prograrn - PPD ° . ` $5,564 cell phone downloads:- This project will purchase one (1) ATN":PS40 -4 night vision SWAT: Sniper Night Vision scope for the sniper team with SWAT. The required mount is Scope -Mount , PPD $5,994 also included -in the; project This project will provide.three sets of exigent entry` = ';tool kits Exigent Entry Tool Kits for = to Patrol supervisors. `The kits include a Blackhawk Ram-;..a Pro- Patrol ;Supervisors PPD $2,385 Bar. Halligan =tool,` and 42 ' ' bolt cutters. , ; � This protect will purchase one °(1) ARAS 360 HD License and,. ; w related -computer. It allows, Traffic" officers profeisionally ccident scenes and provides detailed ti: $6,515 >> Crash and a�Databases " PPD presentat o s fopev dance in "court. This project provides for a specialized Traffic computer that: ..° Vericom VC4000PC _ determines, speed °distance,.acceleration and time:and distance Performance Computer for during braking applications Itis a tool that replaces out dated Traffic PPD $2,595 skid sleds Realit Based Trainin This ro ect provides six. 6 simunition training acka es that= Equipment for simunition includes the simunition ammo and all related firearms training. PPD ," $9 246 protective equipment for simunition training bullets). , , System includes wall mount controller, digital transmitter, DM receiver, Projector replacement lamp, stallation and Conference Room Technology programming labor. The PCDA will use $4,251 in grant funds Upgrade PCDA $4,251 and $689 in operating funds. This is a system of an array of two -way audio and visual communication devices that is utilized in barricaded suspect SWAT Rescue Phone System situations. The system cost is approx $21,278. The PCSO will Project PCSO $17,005 use $17,500 in grant funds and $4,273 from operating funds. Total Grant Amount = $88,566 ,e : Department of Justice � a r 6c , . * Office of Justice Programs y '.�� �; ,��th'r liY ^srt Bureau ofJustice Assistance Office ofJustice Programs Wnshingion, D.C. 20531 August 13, 2013 Mr. Stephen G. Nawrocki City of Pueblo P.O.Box 1427 Pueblo, CO 81002 Dear Mr. Nawrocki: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office ofJustice Programs has approved your application for funding under the FY 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local in the amount of $88,566 for City of Pueblo. 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, Kathy Mason, Program Manager at (202) 514 -8692; 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, Denise O'Donnell Director Enclosures Department of Justice Office of Justice Programs Md� Office for Civil Rights Washington, D.C. 20531 August 13, 2013 Mr. Stephen G. Nawrocki City of Pueblo P.O.Box 1427 Pueblo, CO 81002 Dear Mr. Nawrocki: 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 ofJustice 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 ofJustice 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 ofJustice 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:// www .ojp.usdoj.gov /ocr /etfbo.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 prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case -by -case basis, to require that its funding agencies permit faith -based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA 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. § 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.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 $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 /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. 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 ofJustice Programs PAGE 1 OF 7 ' � Bureau of Justice Assistance Grant 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2013 -DJ -BX -0577 City of Pueblo P.O.Box 1427 5. PROJECT PERIOD: FROM 10/01/2012 TO 09/30/2016 Pueblo, CO 81002 BUDGET PERIOD: FROM 10/01/2012 TO 09/30/2016 6. AWARD DATE 08(13/2013 7. ACTION IA. GRANTEE IRSNENDOR NO. 8. SUPPLEMENT NUMBER Initial 846006151 00 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 88,566 Law Enforcement Resource Enhancement Project FY2013 - -- - -- — I 11. TOTAL AWARD $ 88,566 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTHON THE ATTACHED PAGE(S). I - - - - -- - - - -- _ - -- - - -- -------- - - - --- - - - - -- -- -II 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY 13(BJA - JAG) 42 USC 3750, et seq. 15. METHOD OF PAYMENT GPRS - :,.` AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise O'Donnell I Stephen G. Nawrocki City Council President Director 17. SIGNATURE OF APPROVING OFFICIAL I9. SIGN • _ v ' ED RECIPIENT OFF IAL 19A. DATE I 20. ACCOUNTING CLASSIFICATION CODES 21. MDJUGT0255 FISCALYFUNDC BUD.A OFC. DIV.RE SUB. POMS AMOUNT EAR ODE CT. G. X B DJ 80 00 00 88566 OJP FORM 4000/2 (REV. 5 -87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4 -88) Department of Justice 44,14',/:,,,, �$ Office of Justice Program AWARD FA ' 1, `' A ' Bureau of Justice Assistance CONTINUATIONSHEET PAGE 2 OF 7 - - Grant ! I PROJECT NUMBER 2013 -DJ -BX -0577 AWARD DATE 08/13/2013 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. I 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. 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 DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - ! mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e -mail: oig.hotline @usdoj.gov hotline: (contact information in English and Spanish): (800) 869 -4499 or hotline fax: (202) 616 -9881 Additional information is available from the DOJ OIG website at www.usdoj.gov /oig. 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. OW FORM 4000/2 (REV. 4 -88) ,� �., Department of Justice � Office ofJustice Programs AWARD � � *'' Bureau of Justice Assistance CONTINUATIONSHEET PAGE 3 OF 7 Grant I I ' 'I � PROJECT NUMBER 2013 -DJ -BX 0577 AWARD DATE 08/13/2013 SPECIAL CONDITIONS 8. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government -wide system officially designated by OMB and OJP). The recipient also agrees to comply with applicable restrictions on subawards to first -tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office ofJustice Programs web site at http: / /www.ojp.gov /funding /sam.htm (Award condition: Registration with the System for Award Management and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non -profit organization that he or she may own or operate in his or her name). 9. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 10. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost P g P Y PP g Po g (� g P limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is available at www .ojp.gov /funding/confcost.htm. I I. The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at http: // www. ojp. usdoj. gov / funding / ojptrainingguidingprinciples .htm. 12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award, and those award funds have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this OJP award, the recipient will promptly notify, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budget - modification or change -of- project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 13. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 14. The recipient understands and agrees that - (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 15. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's /OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). OJP FORM 4000/2 (REV. 4 -88) Department of Justice = 4 Office of Justice Programs AWARD �' z Bureau of Justice Assistance CONTINUATIONSHEET PAGE 4 OF 7 Grant ! II I I PROJECT NUMBER 20!3 -DJ -BX -0577 AWARD DATE 08/13/2013 SPECIAL CONDITIONS 16. The recipient agrees to comply with applicable requirements to report first -tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http: / /www.ojp.gov /funding /ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non - profit organization that he or she may own or operate in his or her name). 17. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income earned must be accounted for and used for the purposes of funds provided under this award, including such use being consistent with the conditions of the award, the effective edition of the OJP Financial Guide and, as applicable, either (I) 28 C.F.R. Part 66 or (2) 28 C.F.R Part 70 and 2 C.F.R. Part 215 (OMB Circular A -I 10). Further, the use of program income must be reported on the quarterly Federal Financial Report, SF 425. I i 18. 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 jurisdictions, 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. 19. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http: / /www.it.ojp.gov /gsp_grantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. I I I i I I I I OJP FORM 4000/2 (REV. 4 -88) Department of Justice Office of Justice Programs AWARD Bureau of Justice Assistance CONTINUATIONSHEET PAGE 5 OF 7 !45:; Grant PROJECT NUMBER 2013 -DJ -BX -0577 AWARD DATE 08/13/2013 SPEC /AL CONDITIONS 20. 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 of that funded program or activity. 21. 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). 22. JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. I, I 23. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic - resistant and stab - resistant body armor purchases. This policy must be in place for at least all uniformed officers before any FY 2013 funding can be used by the agency for vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. OJP FORM 4000/2 (REV. 4 -88) — —------ - - - - -- - -. --- ---- - - -- -- i i Department ofJustice 1 V4 Office ofJustice Programs AWARD Bureau of Justice Assistance CONTINUATIONSHEET PAGE 6 OF 7 Grant PROJECT NUMBER 2013 -DJ -BX -0577 AWARD DATE 08/13/2013 SPECIAL CONDITIONS 24. Ballistic - resistant and stab - resistant body armor purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http: / /nij.gov). In addition, ballistic- resistant and stab - resistant body armor purchased must be American - made. The latest NIJ standard information can be found here: http://www.nij.gov / topics /technology/body -armor /safety- initiative.htm. 25. 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. 26. 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. 27. 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 ofJustice 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 participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision 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/about/ocr/equalibo.htm. 28. 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. 29. 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. 30. 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. { I 31. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. OJP FORM 4000/2 (REV. 4 -88) ,r _ Department of Justice +" ,' O ffice of Justice Programs AWARD Ala ' ° "` Bureau of Justice Assistance CONTINUATIONSHEET j PAGE 7 OF 7 ` t? G rant sva��„x.ee. , PROJECT NUMBER 2013 -DJ -BX -0577 AWARD DATE 08/13/2013 SPECIAL CONDITIONS 32. 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. 33. 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 Govemment 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. 34. 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. 35. The grantee agrees that within 120 days of award acceptance, each current 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 (internet- based) task force training. Additionally, all future task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). 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. When BJA funding supports a task force, a task force personnel roster should be compiled and maintained, along with course completion certificates, by the grant recipient. 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). 36. No JAG funds may be expended on unmanned aircraft, unmanned aircraft systems, or aerial vehicles (US, UAS, or UAV) unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order. Additionally, any JAG funding approved for this purpose would be subject to additional reporting, which would be stipulated by BJA post- award. 37. BJA strongly encourages the recipient submit annual (or more frequent) JAG success stories at JAG.Showcase @ojp.usdoj.gov or via the online form at https : / /www.bja.gov /contactus.aspx. JAG success stories should include the: name and location of program /project; point of contact with phone and e-mail; amount of JAG funding received and in which fiscal year; and a brief summary describing the program /project and its impact. I i OJP FORM 4000/2 (REV. 4-88) µ + +�� Department of Justice Office of Justice Programs 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. h n Department of Justice , Office of Justice Programs GRANT MANAGERS MEMORANDUM, PT. 1: x ,' PROJECT SUMMARY n ,w Bureau of Justice Assistance — — Grant PROJECT NUMBER 2013 -DJ -BX -0577 PAGE 1 OF 1 This project is supported under FY13(BJA - JAG) 42 USC 3750, et seq. 1. 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 BJA FY 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local ON REVERSE) i 4. TITLE OF PROJECT Law Enforcement Resource Enhancement Project FY2013 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE I I l i City of Pueblo P.O.Box 1427 Pueblo, CO 81002 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2012 TO: 09/30/2016 FROM: 10/01/2012 TO: 09/30/2016 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 88,566 08/13/2013 I I. 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 Byme 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 program 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 will use the funds for their law enforcement resource enhancement project. Specifically, funds will be used to purchase equipment to reduce crime and support criminal prosecutions. NCA/NCF - - - -- ----- - - - - -- OJP FORM 4000/2 (REV. 4 -88)