HomeMy WebLinkAbout09060
ORDINANCE NO. 9060
AN ORDINANCE APPROVING AND ACCEPTING A U. S.
DEPARTMENT OF JUSTICE 2016 COMMUNITY ORIENTED
POLICING SERVICES (COPS) HIRING PROGRAM (2016 CHP)
GRANT, AWARD NO. 2016UMWX0152, AND APPLICABLE
CONDITIONS PERTAINING THERETO, ESTABLISHING
PROJECT NUMBER PS1612, BUDGETING AND
APPROPRIATING FUNDS NOT TO EXCEED $875,000,
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
COPS Hiring Program Grant Award No. 2016UMWX0152 (the “Award”) in the amount
of $875,000 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. 2016UMWX0152 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 PS1612 (2016 CHP) is hereby established, and the amount of
$875,000 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 COPS Hiring 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, 2019, 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 award to effectuate
the policies and procedures described herein.
SECTION 6.
This Ordinance shall become effective upon final passage.
INTRODUCED: October 24. 2016
BY: Ed Brown
PASSED AND APPROVED: November 14, 2016
City Clerk’s Office Item # R-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
October 24, 2016
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Chief Luis Velez – Police Department
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF
JUSTICE 2016 COMMUNITY ORIENTED POLICING SERVICES (COPS)
HIRING PROGRAM (2016 CHP) GRANT, AWARD NO. 2016UMWX0152, AND
APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING
PROJECT NUMBER PS1612, BUDGETING AND APPROPRIATING FUNDS
NOT TO EXCEED $875,000, AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE SAME, AND THE CITY MANAGER TO EXECUTE
RELATED CERTIFICATIONS, ASSURANCES AND OTHER DOCUMENTS
SUMMARY:
Attached is an Ordinance accepting a grant award for the 2016 COPS Hiring Program (CHP). It
will provide partial funding for officers’ salaries and benefits for 36 months, for the seven (7)
officer positions that are currently authorized but unfunded.
PREVIOUS COUNCIL ACTION:
The last COPS grant approved by City Council was a 2004 award that provided funding for four
(4) additional School Resource Officer positions. On June 13, 2016 Council approved
Resolution No. 13452 authorizing the application for this award.
BACKGROUND:
The COPS Hiring Program (CHP) provides funding directly to law enforcement agencies to hire
and/or rehire career law enforcement officers in an effort to increase their community policing
capacity and crime prevention efforts. 2016 CHP award will cover up to 75 percent of the
approved entry level salary and fringe benefits of each newly hired and/or rehired full-time
sworn career law enforcement officer over the three-year (36-month) award period, with a
maximum
minimum 25 percent local cash match requirement and federal share of $125,000
per officer position, over the three-year award period. When the grant application was originally
approved by Council, and submitted, the assumption was made that the funding would be
based on a maximum of $125,000 per officer position, per year, rather than $125,000 per officer
position over the course of three (3) years (original Attachment A vs, revised Attachment A).
FINANCIAL IMPLICATIONS:
The total value/cost of this grant program during the four (4) year life of the program will be
$2,487,247. The Federal share will be $875,000 over the course of the grant term. The City of
Pueblo’s share will be $1,612,247 over the course of the grant term. The City of Pueblo will
have to commit to retaining these seven (7) officer positions for twelve (12) months, at the
are
conclusion of the grant funded period. Those fourth year costs included in the
aforementioned City of Pueblo’s share statement.
See Revised Attachment A for a detailed cost and sharing summary.
The City of Pueblo’s share of this financial obligation will come from the Police Department’s
annual budget.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable for this Ordinance
STAKEHOLDER PROCESS:
Not applicable for this Ordinance
ALTERNATIVES:
If the Ordinance is not approved, the seven (7) authorized but unfunded Police Officer positions
will remain authorized, but unfunded and unfilled, unless City Council is willing to fund the seven
(7) authorized but unfunded positions without the grant assistance.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Award Document
Original Attachment A (from Resolution No. 13452)
Revised Attachment A (from result of the actual award)
r fl
>�,,.� U.S. DEPARTMENT OF JUSTICE COPS
r
ppe "' fh OFFICE OF COMMUNITY ORIENTED POLICING SERVICES
Sw w x ti►A "
145 N Street,N.E.,Washington,DC 2053()
8y t►. * MJI, �I
Award Document
COPS Hiring Program
CFDA- 16.710—Public Safety Partnership and Community Policing Grants
Treasury Account Symbol (TAS) 15X0406
Award Number: 20161JMWX0152
OR! Number: C005101
OJP Vendor Number: 846006150
Applicant Organization's Legal Name: Pueblo, City of
DUNS Number: 0106202840000
Law Enforcement Executive: Chief Luis Velez
Government Executive: President of City Council Stephen Nawrocki
Award Start Date: 09/01/2016 Award End Date: 08/31/2019
Full-Time Officers Funded: 7
New Hires: 7 Rehires - Scheduled for Lay-Off:0
Rehires - Previously Laid Off: 0
Award Amount: $875,000.00
The FY 2016 COPS Itiring Program(CHP)provides funding directly to law enforcement agencies to hire and/or rehire career law
enforcement officers in an effort to increase their community policing capacity and crime prevention efforts. CHP awards provide up to 75 percent of the
approved entry-level salaries and fringe benefits of full-time officers for a 36-month award period,with a minimum 25 percent local cash match
requirement and a maximum federal share of$125,000 per officer position.
The Financial Clearance Memorandum(FCM),included in your award package,is incorporated by reference into this Award Document and shall
become part of this Award Document. By signing this Award Document,the recipient agrees to abide by all FY 2016 COPS Hiring Program
Award Terms and Conditions,the approved budget in the FCM,and if applicable,the Special Award Conditions and/or High Risk Conditions in
the Award Document,
Ronald L.Davis Date: 09/19/2016
Director
False statements or claims made in connection with COPS awards may result in fines,imprisonment,debarment from participating in federal awards or
contracts,and/or any remedy available by law to the Federal Government.
ADVANCING PUBLIC SAFETY THROUGH COMMUNITY POLICING
U.S. Department of Justice
Office of Community Oriented Policing Services
2016 COPS Hiring Program Award Terms and Conditions
By signing the Award Document to accept this COPS Hiring Program(CHP)award,the recipient agrees to abide by the following award terms and
conditions:
1. Award Owner's Manual.The recipient agrees to comply with the terms and conditions in the 2016 CHP Award Owner's Manual;COPS Office
statute(42 U.S.C.§.3796dd,et seq.);the requirements of 2 C.F.R.Part 200(Uniform Administrative Requirements,Cost Principles,and Audit
Requirements for Federal Awards)as adopted by the U.S.Department of Justice in 2 C.F.R.§2800.101;48 C.F.R.Part 31(FAR Part 31)as applicable
(Contract Cost Principles and Procedures);representations made in the CHP award application;and all other applicable program requirements,
laws,orders,regulations,or circulars.
2. Assurances and Certifications,The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed
as part of its CHP application.
3. Allowable Costs,The funding under this project is for the payment of approved full-time entry-level salaries and fringe benefits over three years
(for a total of 36 months of funding)up to a maximum federal share of$125,000 per officer position for career law enforcement officer positions
hired and/or rehired on or after the official award start date.Any salary and fringe benefit costs higher than entry-level that your agency pays a
CHP-funded officer must be paid with local funds.
Your agency is required to use CHP award funds for the specific hiring categories awarded.Funding under this program may be used for the
following categories:
• Hiring new officers,which includes filling existing officer vacancies that are no longer funded in your agency's budget;
• Rehiring officers laid off by any jurisdiction as a result of state,local,or Bureau of Indian Affairs(BIA)budget reductions;and/or
• Rehiring officers who were,at the time of award application,scheduled to be laid off(by your jurisdiction)on a specific future date as a
result of state,local,or BIA budget reductions
If your agency's local fiscal conditions have changed and your agency needs to change one or more of the funded hiring categories,your agency
should request a post-award award modification and receive prior approval before spending CHP funding under the new category.
The Financial Clearance Memorandum(FCM),included in your award package,specifies the amount of CHP funds awarded to your agency.You
should carefully review your FCM,which contains the final officer salary and fringe benefit categories and amounts for which your agency was
approved.Please note that the salary and fringe benefit costs requested in your CHP application may have been adjusted or removed.Your agency
may only be reimbursed for the approved cost categories that are documented within the FCM,up to the amounts specified in the FCM.Your
agency may not use CHP funds for any costs that are not identified as allowable in the Financial Clearance Memorandum.
Only actual allowable costs incurred during the award period will be eligible for reimbursement and drawdown.If your agency experiences any cost
savings over the course of the award(for example,your award application overestimated the total entry-level officer salary and fringe benefits
package),your agency may not use that excess funding to extend the length of the award beyond 36 months.Any funds remaining after your
agency has drawn down for the costs of approved salaries and fringe benefits incurred for each awarded position during the 36-month funding
period will be deobligated during the closeout process and should not be spent by your agency.
4. Supplementing.not Supplanting.State,local,and tribal government recipients must use CHP funds to supplement,and not supplant,state,local,
or Bureau of Indian Affairs(BIA)funds that are already committed or otherwise would have been committed for award purposes(officer hiring)
during the award period.In other words,state,local,and tribal government recipients may not use COPS Office funds to supplant(replace)state,
local,or BIA funds that would have been dedicated to the COPS Office-funded item(s)in the absence of the COPS Office award.
5. Extensions.Your agency may request an extension of the award period to receive additional time to implement your award program.Such
extensions do not provide additional funding.Awards may be extended a maximum of 36 months beyond the initial award expiration date.Any
request for an extension beyond 36 months will be evaluated on a case-by-case basis.Only those recipients that can provide a reasonable
justification for delays will be granted no-cost extensions.Reasonable justifications may include difficulties in filling COPS Office-funded positions,
officer turnover,or other circumstances that interrupt the 36 month award funding period.An extension allows your agency to compensate for
such delays by providing additional time to complete the full 36 months of funding for each position awarded.Extension requests must be
received prior to the end date of the award.
Page 1 of 7
U.S. Department of Justice
Office of Community Oriented Policing Services
2016 COPS Hiring Program Award Terms and Conditions
6. Modifications.During the CHP award period,it may become necessary for an agency to modify its CHP award due to changes in an agency's fiscal
or law enforcement situation.Modification requests should be submitted to the COPS Office when an agency determines that it will need to shift
officer positions awarded in one hiring category into a different hiring category,reduce the total number of positions awarded,shift funds among
benefit categories,and/or reduce the entry-level salary and fringe benefit amounts.For example,an agency may have been awarded CHP funding
for 10 new,additional full-time sworn officer positions,but due to severe fiscal distress/constraints,the agency determines it is unable to sustain
all 10 positions and must reduce its request to five full-time positions;or an agency may have been awarded CHP funding for two new,additional
sworn officer positions,but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the
rehire category for officers laid off or scheduled for layoff on a specific future date post-application.Award modifications under CHP are evaluated
on a case-by-case basis.The COPS Office will only consider a modification request after an agency makes final,approved budget and/or personnel
decisions.An agency may implement the modified award following written approval from the COPS Office.Please be aware that the COPS Office
will not approve any modification request that results in an increase of federal funds.
7. Evaluations.The COPS Office may conduct monitoring or sponsor national evaluations of the CHP award.The recipient agrees to cooperate with
the monitors and evaluators.
8. Reports/Performance Goals.To assist the COPS Office in monitoring and tracking the performance of your award,your agency will be responsible
for submitting quarterly programmatic progress reports that describe project activities during the reporting period and quarterly Federal Financial
Reports using Standard Form 425(SF-425).The progress report is used to track your agency's progress toward implementing community policing
strategies and to collect data to gauge the effectiveness of increasing your agency's community policing capacity through COPS Office funding.
9. Award Monitoring Activities.Federal law requires that law enforcement agencies receiving federal funding from the COPS Office must be
monitored to ensure compliance with their award conditions and other applicable statutory regulations.The COPS Office is also interested in
tracking the progress of our programs and the advancement of community policing.Both aspects of award implementation—compliance and
programmatic benefits—are part of the monitoring process coordinated by the U.S.Department of Justice.Award monitoring activities conducted
by the COPS Office include site visits,office-based grant reviews,alleged noncompliance reviews,financial and programmatic reporting,and audit
resolution.As a CHP award recipient,you agree to cooperate with and respond to any requests for information pertaining to your award.
10. Federal Civil Rights,As a condition of receipt of federal financial assistance,you acknowledge and agree that you will not(and will require any
subrecipients,contractors,successors,transferees,and assignees not to),on the grounds of race,color,religion,national origin(which includes
providing limited English proficient persons meaningful access to your programs),sex,disability,or age,unlawfully exclude any person from
participation in,deny the benefits of or employment to any person,or subject any person to discrimination in connection with any programs or
activities funded in whole or in part with federal funds.These civil rights requirements are found in the nondiscrimination provisions of Title VI of
the Civil Rights Act of 1964,as amended(42 U.S.C.§2000d);the Omnibus Crime Control and Safe Streets Act of 1968,as amended(42 U.S.C.§
3789d);Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§794);the Age Discrimination Act of 1975(42 U.S.C.46101,et seq.);
Title IX of the Education Amendments of 1972,as amended(20 U.S.C.§1681,et seq.);and the corresponding DOJ regulations implementing those
statutes at 28 C.F.R.Part 42(subparts C,0,E,G,and I).You also agree to comply with Executive Order 13279,as amended by Executive Order
13559,and the implementing regulations at 28 C.F.R Part 38 Partnerships With Faith-Based and Other Neighborhood Organizations,which requires
equal treatment of religious organizations in the funding process and nondiscrimination of beneficiaries by faith-based organizations on the basis of
belief or nonbelief.
11. Equal Employment Opportunity Plan.All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the
development and implementation of an Equal Employment Opportunity Plan(28 C.F.R.Part 42 subpart E).
12. False Statements,False statements or claims made in connection with COPS Office awards may result in fines,imprisonment,or debarment from
participating in federal awards or contracts,and/or any other remedy available by law.
13. Duplicative Funding.The recipient understands and agrees to notify the COPS Office if it receives,from any other source,funding for the same
item or service also funded under this award.
14. Additional High-Risk Recipient Requirements.The recipient agrees to comply with any additional requirements that may be imposed during the
award performance period if the awarding agency determines that the recipient is a high-risk recipient(Uniform Administrative Requirements,Cost
Principles,and Audit Requirements for Federal Awards,2 C.F.R.§200.207 as adopted by the U.S.Department of Justice in 2 C.F.R.§2800.101).
Page 2 of 7
U.S. Department of Justice
Office of Community Oriented Policing Services
2016 COPS Hiring Program Award Terms and Conditions
15. System for Award Management(SAM)and Universal Identifier Requirements.The Office of Management and Budget requires federal agencies
to include the following standard award term in all awards and cooperative agreements made on or after October 1,2010:
A. Requirement for System for Award Management(SAM)
Unless you are exempted from this requirement under 2 C.F.R.Part 25.110,you as the recipient must maintain the currency of your
information in the SAM until you submit the final financial report required under this award or receive the final payment,whichever is
later.This requires that you review and update the information at least annually after the initial registration,and more frequently if
required by changes in your information or another award term.
B. Requirement for Data Universal Numbering System(DUNS)Numbers
If you are authorized to make subawards under this award,you:
1. Must notify potential subrecipients that no entity(see definition in paragraph C.of this award term)may receive a subaward
from you unless the entity has provided its DUNS number to you.
2. May not make a subaward to an entity unless the entity has provided its DUNS number to you.
C. Definitions
For purposes of this award term:
1. System for Award Management(SAM)means the federal repository Into which an entity must provide information required for the
conduct of business as a recipient.Additional information about registration procedures may be found at the SAM Internet site at
www.sam.Rov.
2. Data Universal Numbering System(DUNS)number means the nine-or thirteen-digit number established and assigned by Dun and
Bradstreet,Inc.(D&B)to uniquely identify business entities.A DUNS number may be obtained from D&B by telephone(currently
866-705-5711)or the Internet at www:fed4ov.dnb.com/webform.
3. Entity,as it is used in this award term,means all of the following,as defined at 2 C.F.R.Part 25,subpart C:
a. A governmental organization,which is a state,local government,or Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign non-profit organization;
d. A domestic or foreign for-profit organization;and
e. A federal agency,but only as a subrecipient under an award or subaward to a non-federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or
program for which you received this award and that you as the recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry out the project or program(for further
explanation,see Sec._.210 of the attachment to OMB Circular A-133,"Audits of States,Local Governments,and Non-Profit
Organizations").
c. A subaward may be provided through any legal agreement,including an agreement that you consider a contract.
5. subrecipient means an entity that:
a. Receives a subaward from you under this award;and
b. Is accountable to you for the use of the federal funds provided by the subaward.
16. Reporting Subawards and Executive Compensation,The Office of Management and Budget requires federal agencies to include the following
standard award term In all awards and cooperative agreements made on or after October 1,2010:
A. Reporting of first-tier subawards.
1. Applicability.Unless you are exempt as provided in paragraph D.of this award term,you must report each action that obligates
$25,000 or more in federal funds that does not include Recovery funds(as defined in section 1512(a)(2)of the American Recovery
and Reinvestment Act of 2009,Pub.L.111-5)for a subaward to an entity(see definitions in paragraph E.of this award term).
2. Where and when to report.
a. You must report each obligating action described in paragraph A.1.of this award term to www:fsrs.eov.
b. For subaward information,report no later than the end of the month following the month in which the obligation was made.
(For example,if the obligation was made on November 7,2010,the obligation must be reported by no later than December 31,
2010.)
3. What to report.You must report the information about each obligating action that the submission instructions posted at
www.fsrs.gov specify.
Page 3 of 7
U.S. Department of Justice
Office of Community Oriented Policing Services
2016 COPS Hiring Program Award Terms and Conditions
B. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report.You must report total compensation for each of your five most highly compensated executives for
the preceding completed fiscal year,if—
a. the total federal funding authorized to date under this award is$25,000 or more;
b. in the preceding fiscal year,you received—
I. 80 percent or more of your annual gross revenues from federal procurement contracts(and subcontracts)and federal
financial assistance subject to the Transparency Act,as defined at 2 C.F.R.Part 170.320(and subawards);and
II. $25,000,000 or more in annual gross revenues from federal procurement contracts(and subcontracts)and federal
financial assistance subject to the Transparency Act,as defined at 2 C.F.R.Part 170.320(and subawards);and
c. The public does not have access to information about the compensation of the executives through periodic reports filed under
section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C.78m(a),780(d))or section 6104 of the Internal Revenue
Code of 1986.To determine if the public has access to the compensation information,see the U.S.Security and Exchange
Commission total compensation filings at www.sec.gov/answers/execomp.htm.
2. Where and when to report.You must report executive total compensation described in paragraph B.1.of this award term:
a. As part of your registration profile at www.sam.gov.
b. By the end of the month following the month in which this award is made,and annually thereafter.
C. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report.Unless you are exempt as provided in paragraph D.of this award term,for each first-tier
subrecipient under this award,you shall report the names and total compensation of each of the subrecipient's five most highly
compensated executives for the subrecipient's preceding completed fiscal year,if—
a. in the subrecipient's preceding fiscal year,the subrecipient received—
I. 80 percent or more of its annual gross revenues from federal procurement contracts(and subcontracts)and federal
financial assistance subject to the Transparency Act,as defined at 2 C.F.R.170.320(and subawards);and
II. $25,000,000 or more in annual gross revenues from federal procurement contracts(and subcontracts),and federal
financial assistance subject to the Transparency Act(and subawards);and
b. The public does not have access to information about the compensation of the executives through periodic reports filed under
section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C.78m(a),78o(d))or section 6104 of the Internal Revenue
Code of 1986.To determine if the public has access to the compensation information,see the U.S.Security and Exchange
Commission total compensation filings at www,sec.gov/answers/execomp.htm.
2. Where and when to report.You must report subrecipient executive total compensation described in paragraph C.1.of this award
term:
a. To the recipient.
b. By the end of the month following the month during which you make the subaward.
For example,if a subaward is obligated on any date during the month of October of a given year(i.e.,between October 1 and
31),you must report any required compensation information of the subrecipient by November 30 of that year.
D. Exemptions
1. If,in the previous tax year,you had gross income,from all sources,under$300,000,you are exempt from the requirements to
report:
a. Subawards,and
b. The total compensation of the five most highly compensated executives of any subrecipient.
E. Definitions.For purposes of this award term:
1. Entity means all of the following,as defined in 2 C.F.R.Part 25:
a. A governmental organization,which is a state,local government,or Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign non-profit organization;
d. A domestic or foreign for-profit organization;
e. A federal agency,but only as a subrecipient under an award or subaward to a non-federal entity.
2. Executive means officers,managing partners,or any other employees in management positions.
3. Subaward:
Page 4 of 7
U.S. Department of Justice
Office of Community Oriented Policing Services
2016 COPS Hiring Program Award Terms and Conditions
a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or
program for which you received this award and that you as the recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry out the project or program(for further
explanation,see Sec. .210 of the attachment to OMB Circular A-133,"Audits of States,Local Governments,and Non-Profit
Organizations").
c. A subaward may be provided through any legal agreement,including an agreement that you or a subrecipient considers a
contract.
4. Subrecipient means an entity that:
a. Receives a subaward from you(the recipient)under this award;and
b. Is accountable to you for the use of the federal funds provided by the subaward.
5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's
preceding fiscal year and includes the following(for more information see 17 C.F.R.229.402(c)(2)):
a. Salary and bonus.
b. Awards of stock,stock options,and stock appreciation rights.Use the dollar amount recognized for financial statement
reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No.123
(Revised 2004)(FAS 123R),Shared Based Payments.
c. Earnings for services under non-equity incentive plans.This does not include group life,health,hospitalization,or medical
reimbursement plans that do not discriminate in favor of executives,and are available generally to all salaried employees.
d. Change in pension value.This is the change in present value of defined benefit and actuarial pension plans.
e. Above-market earnings on deferred compensation which is not tax-qualified.
f. Other compensation,if the aggregate value of all such other compensation(e.g.,severance,termination payments,value of life
insurance paid on behalf of the employee,perquisites or property)for the executive exceeds$10,000.
17. Debarment and Suspension.The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from
participation in Federal assistance programs.
18. Employment Eligibility.The recipient agrees to complete and keep on file,as appropriate,a Bureau of Citizenship and Immigration Services
Employment Eligibility Verification Form(1-9).This form is to be used by recipients of federal funds to verify that persons are eligible to work in the
United States.
19. Whistleblower Protection.The recipient agrees not to discharge,demote,or otherwise discriminate against an employee as reprisal for the
employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal contract or award,a gross
waste of federal funds,an abuse of authority relating to a federal contract or award,a substantial and specific danger to public health or safety,or
a violation of law,rule,or regulation related to a Federal contract(including the competition for or negotiation of a contract)or award.The
recipient also agrees to provide to their employees in writing(in the predominant native language of the workforce)of the rights and remedies
provided in 41 U.S.C.§4712.Please see appendix F in the Award Owner's Manual for a full text of the statute.
20. Mandatory Disclosure.Recipients and subrecipients must timely disclose in writing to the COPS Office or pass-through entity,as applicable,all
federal criminal law violations involving fraud,bribery,or gratuity that may potentially affect the awarded federal funding.Failure to make required
disclosures can result in any of the remedies,including suspension and debarment,described in the Uniform Administrative Requirements,Cost
Principles,and Audit Requirements for Federal Awards,2 C.F.R.§200.338 as adopted by the U.S.Department of Justice in 2 C.F.R.§2800.101.
21. Conflict of Interest.Recipients and subrecipients must disclose in writing to the COPS Office or pass-through entity,as applicable,any potential
conflict of interest affecting the awarded federal funding in accordance with the Uniform Administrative Requirements,Cost Principles,and Audit
Requirements for Federal Awards,2 C.F.R.§200.112 as adopted by the U.S.Department of Justice in 2 C.F.R.§2800.101.
22. Contract Provisions All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R.Part
200,(Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards),as adopted by the U.S.Department of
Justice in 2 C.F.R.§2800.101.Please see appendix G in the Award Owner's Manual for a full text of the contract provisions.
23. Restrictions on Internal Confidentiality Agreements.No recipient or subrecipient under this award,or entity that receives a contract or
subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement
that prohibits or otherwise restricts the lawful reporting of waste,fraud,or abuse to an investigative or law enforcement representative of a
Page 5of7
U.S. Department of Justice
Office of Community Oriented Policing Services
2016 COPS Hiring Program Award Terms and Conditions
federal department or agency authorized to receive such information.
24. Redolent Integrity and Performance Matters.The Office of Management and Budget requires federal awarding agencies to include the
following standard award term in all awards over$500,000 made on or after January 1,2016:
A. Reporting of Matters Related to Recipient Integrity and Performance
1. General Reporting Requirement
If the total value of your currently active awards,cooperative agreements,and procurement contracts from all Federal awarding
agencies exceeds$10,000,000 for any period of time during the period of performance of this Federal award,then you as the
recipient during that period of time must maintain the currency of information reported to the System for Award Management
(SAM)that is made available in the designated integrity and performance system(currently the Federal Awardee Performance and
Integrity Information System(FAPIIS))about civil,criminal,or administrative proceedings described in paragraph 2.of this award
term and condition.This is a statutory requirement under section 872 of Public Law 110-417,as amended(41 U.S.C.2313).As
required by section 3010 of Public Law 111-212,all information posted in the designated integrity and performance system on or
after April 15,2011,except past performance reviews required for Federal procurement contracts,will be publicly available.
2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of an award,cooperative agreement,or procurement contract from the
Federal Government;
b. Reached its final disposition during the most recent five year period;and
c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction,as defined in paragraph 5.of this award term and condition;
(2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine,penalty,reimbursement,
restitution,or damages of$5,000 or more;
(3) An administrative proceeding,as defined in paragraph 5.Of this award term and condition,that resulted in a finding of
fault and liability and your payment of either a monetary fine or penalty of$5,000 or more or reimbursement,restitution,
or damages in excess of$100,000;or
(4) Any other criminal,civil,or administrative proceeding if:
i. It could have led to an outcome described in paragraphs 2.c.(1),(2),or(3)of this award term and condition;
ii. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part;and
iii. The requirement in this award term and condition to disclose information about the proceeding does not conflict with
applicable laws and regulations.
3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2.of
this award term and condition.You do not need to submit the information a second time under assistance awards that you received
if you already provided the information through SAM because you were required to do so under Federal procurement contracts that
you were awarded.
4. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1.of this award term and condition,you must
report proceedings information through SAM for the most recent five year period,either to report new information about any
proceeding(s)that you have not reported previously or affirm that there is no new information to report.Recipients that have
Federal contract,award,and cooperative agreement awards with a cumulative total value greater than$10,000,000 must disclose
semiannually any information about the criminal,civil,and administrative proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault
or liability(e.g.,Securities and Exchange Commission Administrative proceedings,Civilian Board of Contract Appeals
proceedings,and Armed Services Board of Contract Appeals proceedings).This includes proceedings at the Federal and State
level but only in connection with performance of a Federal contract or award.It does not include audits,site visits,corrective
plans,or inspection of deliverables.
b. Conviction,for purposes of this award term and condition,means a judgment or conviction of a criminal offense by any court of
Page 6 of 7
U.S.Department of Justice
Office of Community Oriented Policing Services
2016 COPS Hiring Program Award Terms and Conditions
competent jurisdiction,whether entered upon a verdict or a plea,and includes a conviction entered upon a plea of nolo
contendere.
c. Total value of currently active awards,cooperative agreements,and procurement contracts includes—
(1) Only the Federal share of the funding under any Federal award with a recipient cost share or match;and
(2) The value of all expected funding increments under a Federal award and options,even if not yet exercised.
25. Contracts and/or MOUs with other Jurisdictions.Sworn law enforcement officer positions awarded must be used for law enforcement activities or
services that benefit your agency and the population that it serves.The items funded under the CHP award cannot be utilized by other agencies
unless the items benefit the population that your agency serves.Your agency may use items funded under the CHP award to assist other law
enforcement agencies under a resource sharing,mutual aid,or other agreement to address multi-jurisdictional issues as described in the
agreement.
26. Retention.At the time of award application,your agency committed to retaining all sworn officer positions awarded under the CHP award with
state and/or local funds for a minimum of 12 months following the conclusion of 36 months of federal funding for each position,over and above
the number of locally-funded sworn officer positions that would have existed in the absence of the award.Your agency cannot satisfy the retention
requirement by using CHP funded positions to fill locally-funded vacancies resulting from attrition.
27. Community Policing.Community policing activities to be initiated or enhanced by your agency and the officers funded by this award program were
identified and described in your CHP award application.In sections VI(A)and(B),your agency developed a community policing plan for the CHP
award with specific reference to a crime or disorder problem and the following elements of community policing:(a)problem solving—your
agency's plan to assess and respond to the problem identified;(b)community partnerships and support,including related governmental and
community initiatives that complement your agency's proposed use of CHP funding;and(c)organizational transformation—how your agency will
use the funds to reorient its mission to community policing or enhance its involvement in and commitment to community policing.Throughout the
CHP award period,your agency is required to implement the community policing plan it set forth in the CHP award application.
The COPS Office defines community policing as a philosophy that promotes organizational strategies that support the systematic use of
partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime,
social disorder,and fear of crime.CHP awards through the specific officers funded(or an equal number of redeployed veteran officers)must be
used to initiate or enhance community policing activities.All newly hired additional or rehired officers(or an equal number of redeployed veteran
officers)funded under CHP must implement your agency's approved community policing plan,which you described in your award application.
28. j.ocal Match.Recipients are required to contribute a local match of at least 25 percent toward the total cost of the approved award project,unless
waived in writing by the COPS Office.The local match must be a cash match from funds not previously budgeted for law enforcement purposes and
must be paid during the award period.The local match contribution must be made on an increasing basis during each year of the three-year award
period,with the federal share decreasing accordingly.
29. School Resource Officer(SRO)Training Reauirement.COPS-funded SRO(s)are required to complete a National Association of School Resource
Officers (NASRO)basic training course no later than nine months after the date shown on the award congratulatory letter.If a COPS-funded SRO
leaves the recipient agency after completing the NASRO training,the recipient agrees to pay for the new SRO,who is assigned to backfill this
position,to attend a NASRO basic training course.The new SRO must complete the training no later than nine months after being placed in the
school.
11110 APPROVE. _—..�.r► ��
PRES 1 ENT OF CITY COUN
ATTESTED BY:
CIT LERK
Page 7 of 7
Award Document Supplement
2016 COPS Hiring Program (CHP)
By signing the Award Document to accept this COPS Hiring Program(CHP)award, the recipient
agrees to abide by the following Special Award Conditions and/or High Risk Conditions:
Special Award Conditions
Advancing Department of Justice Priority Crime Problem Awards
Your agency has been selected for a COPS Hiring Program(CHP)award to address a particular
Department of Justice priority crime problem/focus area, based specifically on your CHP award
application's community policing plan to improve your agency's public safety response to the critical
issues of School Based Policing through School Resource Officers(SRO),Gun Violence,Homeland
Security,Building Trust or Homicide Reduction.
Please be advised that,in accepting this award,your agency is agreeing to this Special Condition to
its CHP award that requires your agency's COPS-funded officers(or an equivalent number of
locally-funded officers) to initiate or enhance your agency's community policing plan to address one
of the priority crime problems identified above. By signing the 2016 CHP award, your agency
understands and agrees to the following:
• Your agency will implement the one specific community policing plan identified in your
CHP award application;
• Your agency will address its specific priority crime problem throughout the entire CHP
award period;
• Your agency will implement any organizational changes identified in its CHP award
application in Section 6B,Questions 12 and 13;
• Your agency will cooperate with any award monitoring by the COPS Office to ensure that
it is initiating or enhancing its community policing efforts to address its priority crime
problem,which may include your agency having to respond to additional or modified
reporting requirements.
Memorandum of Understanding Requirement
(School-based Policing through School Resource Officers Focus Area Only)
By signing the 2016 CHP award,recipients using CHP funding to hire and/or deploy School
Resource Officers into schools understand and agree to the following:
• Your agency must submit a signed Memorandum of Understanding(MOU)between
the law enforcement agency and the school partner(s)to the COPS Office before
obligating or drawing down funds under this award. The MOU must be submitted to
the COPS Office within 90 days of the date shown on the award congratulatory letter.
• Your agency's MOU must contain the following information;
6
• The purpose of the MOU
• Clearly defined roles and responsibilities of the school district and the law
enforcement agency,focusing officers'roles on safety
• Information sharing
• Supervision responsibility and chain of command for the SRO
• Signatures
Note: Please refer to the MOU Fact Sheet for a detailed explanation of the requirements under each of the
bullets
• Your agency's implementation of the CHP award without submission and acceptance of
the required MOU may result in expenditures not being reimbursed by the COPS Office
and/or award de-obligation.
4011P110
APPRO ED: 1111111111 -1111111.
PR • OF CITY COUNCIL
ATTESTED BY:
CIT LERK