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Home My WebLink About12947 RESOLUTION NO. 12947 A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO APPLY FOR A 2014 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 2014 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 2014 JAG Local Solicitation Application #2014-H1558-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 May 12, 2014, by and between the City of Pueblo, a Municipal Corporation, and Pueblo County, Colorado concerning the receipt and disbursement of the 2014 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: May 12, 2014 BY: Chris Kaufman COUNCIL PERSON City Clerk’s Office Item # M-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: May 12, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Chief Luis Velez – Police Department SUBJECT: A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO APPLY FOR A 2014 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 SUMMARY: Attached is a Memorandum of Understanding between the City of Pueblo and Pueblo County concerning the disbursements of the FY2014 JAG Local Solicitation award. Also attached is the grant application summary (Form SF424). PREVIOUS COUNCIL ACTION: The FY2014 JAG Local Solicitation is an annual formula grant that has been in existence for the past ten (10) years. The City and County of Pueblo have received $1,460,074 in JAG Local Solicitation funds since its inception. 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 IMPLICATIONS: This grant funding represents $91,604 to the City and County of Pueblo with no required match. The City’s share of the $91,604 is $69,619. The City’s share will be used to fund eight (8) Police Department equipment projects, including desktop, laptop, and other computer-related equipment, bomb squad required equipment, traffic accident investigation equipment, Code Enforcement computers and licenses, and crime scene investigation technology. BOARD/COMMISSION RECOMMENDATION: Not Applicable STAKEHOLDER PROCESS: City and County law enforcement leaders have met and agreed to the distribution terms of this annual formula grant since its inception in 2005. A signed MOU between the City and County is a requirement for acceptance of the award. Additionally, a public meeting, to receive public comments on the expenditures, is a requirement of the award. That public meeting is scheduled to occur on May 22, 2014. The City and County Attorney Offices, as well as the City Finance Department, have reviewed and approved the attached MOU and grant application summary (Form SF424). ALTERNATIVES: The FY2014 JAG Local Solicitation is an annual formula grant that has been in existence for the past ten (10) years. The City and County of Pueblo have received $1,460,074 in JAG funds since its inception. In order to receive the funds, the City and County of Pueblo must sign the MOU. If either entity does not sign the MOU, no JAG funds will be received by either entity. RECOMMENDATION: Approval of the Resolution. Attachments: Memorandum of Understanding (MOU) Form SF424 MEMORANDUM OF UNDERSTANDING CONCERNING RECEIPT AND DISBURSEMENT OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS FOR FY 2014 (GMS APPLICATION #2014- H1558- CO -DJ) THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 12 day of May, 2014, 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 2014 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 $91,604.00 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 $91,604.00 JAG Grant Funds will be allocated as follows: The City will receive $69,619.00 and will use these resources to fund various projects /programs that are outlined in the Program Narrative attachment of the application. The County will receive $21,985.00 of which the Pueblo County Sheriff's Department will receive $17,588.00 to fund one or more different projects /programs that are outlined in the Program Narrative attachment of the application. The Pueblo County District Attorney will receive $4,397.00 of the County's allocation to fund one or more different projects /programs that are 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 2014 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 2014 Page — 2 IN WITNESS WHEREOF, the parties have entered into this Memorandum of Understanding the day and year first written above. ATTEST: PUEBLO COUNTY, COLORADO gy " / By Gr' r/' -'- = i Clerk to the Board Chairman coard of Coin« ommissioners ATTEST: CITY OF PUEBLO, A Municipal Corporation By By & _Ati 'r .. /1 City C President of the City Council MI ATTEST: PUEBLO COUNTY SHERIFF B Ai rig J( By Kirk lor, Sheriff ATTES : CITY OF PUEBLO POLICE DEPARTMENT By / By Luis Ve ez, Chie • ' slice ATTEST: 10 JUDICIAL DISTRICT ATTORNEY By I. + �t /�/ - @)LAM--? Jeff Chostner, District Attorney p%eol'f -J/46 A x0c4) 7cl1/ * ,20/q /1/46 Page 1 of 2 APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY State Application Identifier STATE Application Non - Construction 4. DATE RECEIVED BY Federal Identifier FEDERAL AGENCY 5.APPLICANT INFORMATION Legal Name Organizational Unit City of Pueblo Police Department Address Name and telephone number of the person to be contacted on 1 City Hall Place matters involving this Pueblo, Colorado application 81003 -4201 Bennett, Michael (719) 553 -2464 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 7. TYPE OF APPLICANT 84- 6000615 Municipal 8. TYPE OF APPLICATION 9. NAME OF FEDERAL AGENCY New Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT NUMBER: 16.738 CFDA EDWARD BYRNE MEMORIAL JUSTICE Law Enforcement Resource TITLE: ASSISTANCE GRANT PROGRAM Enhancement Project FY2014 12. AREAS AFFECTED BY PROJECT The City and County of Pueblo, Colorado 13. PROPOSED PROJECT 14. CONGRESSIONAL Start Date: October 01, 2013 DISTRICTS OF End Date: September 30, 2017 a. Applicant b. Project C003 15. ESTIMATED FUNDING 16. IS APPLICATION Federal $91,604 SUBJECT TO REVIEW BY Applicant $0 STATE EXECUTIVE ORDER 12372 PROCESS? State $0 Program is not covered by E.O. Local $ 12372 https: // grants. ojp. usdoj. gov/ gmsexternal /applicationReview.do ?print yes 4/24/2014 Page 2 of 2 Other $0 Program Income $0 17. IS THE APPLICANT TOTAL $91,604 DELINQUENT ON ANY FEDERAL DEBT? 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DAMA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. Close Window https: // grants. ojp. usdoj. gov/ gmsexternal /applicationReview.do ?print =yes 4/24/2014 Assurances Fy�i Jna Loc/9L ICS cl Page 1 of 2 44 #,2r)N/— NAM -cc -4J NOTE: You must click on the "Accept" button at the bottom of the page before closing this window OMB APPROVAL ".0 NUMBER 1121 -0140 EXPIRES 03/31/2016 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 Govemment Accountability 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 in 2 C.F.R. § 175.15(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 govem 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. https: / /grants.oj p.usdoj . gov/ gmsexternalldisplayAssurancesTextAction. st ?method= assure &... 4/24/2014 Assurances Page 2 of 2 Accept J https: / /grants.ojp.usdoj . gov/ gmsexternal /displayAssurancesTextAction.st ?method= assure &... 4/24/2014 Certifications Fya:»4/ �qG local fcirnnp,I Page 1 of 3 I 4 ,24)j Af,SS - co 4i NOTE: You must click on the "Accept" button at the bottom of the page before closing this window 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 on Nonprocurement Debarment and Suspension," and 28 CFR Part 83, "Govemment -wide Debarment and Suspension," and Govemment -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) Pursuant to Executive Order 12549, Debarment and Suspension, implemented at 2 CFR Part 2867, for prospective participants in primary covered transactions, as defined at 2 CFR Section 2867.20(a), and other requirements: 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; https: / /grants.ojp.usdoj . gov/ gmsexternal /displayAssurancesTextAction.st ?method = certify... 4/24/2014 Certifications Page 2 of 3 (c) Have not within a two -year period preceding this application been convicted of a felony criminal violation under any Federal law, unless such felony criminal conviction has been disclosed in writing to the Office of Justice Programs (OJP) at Ojpcompiiancereporting @usdoj.gov, and, after such disclosure, the applicant has received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Government in this case. (d) 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 (b) of this certification; and (e) 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. FEDERAL TAXES A. If the applicant is a corporation, the applicant certifies that either (1) the corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to OJP at Ojpcompliancereporting @usdoj.gov, and, after such disclosure, the applicant has received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Government in this case. 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. 4. 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; https: / /grants. of p. usdo j . gov/ gmsexternal /displayAssurancesTextAction. st ?method = certify... 4/24/2014 Certifications Page 3 of 3 (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, 1 hereby certify that the applicant will comply with the above certifications. Accept https: / /grants.oj p.usdoj . gov/ gmsexternal /displayAssurancesTextAction.st ?method= certify... 4/24/2014