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HomeMy WebLinkAbout14252 RESOLUTION NO. 14252 A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO APPLY FOR A 2019 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 MAYOR 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 2019 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 2019 JAG Local Solicitation Application #2019-H3605-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 August 12, 2019, by and between the City of Pueblo, a Municipal Corporation, and Pueblo County, Colorado concerning the receipt and disbursement of the 2019 JAG funds, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 3. The Mayor of the City 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. The Mayor is also authorized to execute any and all other certifications, assurances and other documents associated therewith. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 5. The Resolution shall become effective on the date of final action by the Mayor and City Council. INTRODUCED: August 12, 2019 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: August 12, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Chief Troy D. Davenport – Police Department SUBJECT: A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO APPLY FOR A 2019 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 MAYOR TO EXECUTE SAME SUMMARY: Attached is a Memorandum of Understanding between the City of Pueblo and Pueblo County concerning the disbursements of the FY2019 JAG Local Solicitation award. Also attached is the grant application summary (Form SF424). PREVIOUS COUNCIL ACTION: The FY2019 JAG Local Solicitation is an annual formula grant that has been in existence for the past fifteen (15) years. The City and County of Pueblo have received $1,837,330 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 $99,092 to the City and County of Pueblo with no required match. The City’s share of the $99,092 is $75,310. The City’s share will be used to fund seven (7) Police Department equipment projects, including desktop, laptop, and other computer-related equipment for the entire Department, vehicle pursuit intervention technology, vehicle pursuit intervention training equipment, including PIT bumpers and Stop Sticks, SWAT lighting equipment, Traffic investigations equipment and social media hardware and software. (see attachment for detailed list of proposed equipment). 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 occurred on August 12, 2019. 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 FY2019 JAG Local Solicitation is an annual formula grant that has been in existence for the past fifteen (15) years. The City and County of Pueblo have received $1,837,330 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 Listing of FY2019 JAG Local Solicitation Projects FY2019 Justice Assistance Grant (JAG) Local Solicitation Projects & Programs Application # 2019-H3605-CO-DJ Project# PS1908 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.oip.usdoj.gov/BJA/recoveryJAG/recoveryallocations.html. Name of Project Agency Amount Description This project proposes to purchase technical computer equipment for law enforcement and public safety use including desk top Desktop/Laptop and Related computers(towers, monitors, keyboards, etc), laptop computers, Computer Replacement and other related computer componets such as mobile printers, 1 Project PPD $47,110 and applicable and related software. This project would purchase a new Star Chase vehicle tagging and Vehicle Pursuit Intervention location technology. It allows officers to deploy a GPS tag to a 2 Technology PPD $7,745 vehcile and monitor it's location from a safe distance. This equipment provides PIT bumpers for training vehicles, Vehicle Pursuit Training allowing officers to be safely trained on performing the PIT 3 Equipment PPD $3,070 manuever safely. This project would purchase Stop Stick technology for each of the Vehicle Pursuit Intervention 90 Patrol vehicles. Stop Sticks allow officers to safely deflate 4 Technology II PPD $2,933 suspect vehicle tires, ending vehicle pursuits. This project proposes to purchase lighting equipment that will 5 SWAT Remote Lighting PPD $4,325 _illuminate a large area, specifically for SWAT usage. This project proposes to purchase high tech hardware and software for the Social Media Specialist position. This equipment 6 Social Media Equipment PPD $3,027 will facilitate the creation and distribution of social media material. This project proposes to purchase the Bosch Crash Data Recorder Pro Tool Kit. It will facilitate the download of critical information 7 Traffic Bosch Crash Kit PPD $7,100 from vehciles involved in serious crashes. $75,310 Project description to be determined 8 Project to be determined PCSO $6,342 Project description to be determined 9 Project to be determined PCSO $6,342 Project description to be determined 10 Project to be determined PCSO $6,342 $19,026 This project proposes to purchase technology, supplies, equipment, applicable software, and system upgrades, including the potential purchase of computers, monitors, color printers, fax 10th Judicial District machines for employees working in the District Attorney's 11 Technology Upgrade Project PCDA $4,756 prosecution, victims and administration units. $4,756 Total Grant Amount= $99,092 Page 1 of 2 L}I'F'.l/C/1M l °,20/9-X361067-(1)•-•&1 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 he contacted on 1 City Hall Place matters involving this application Pueblo, Colorado 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 Assistance Grant Law Enforcement Resource TITLE: Program Enhancement Project FY2019 12. AREAS AFFECTED BY PROJECT The City and County of Pueblo, Colorado 13. PROPOSED PROJECT 14. CONGRESSIONAL Start Date: October 01, 2018 DISTRICTS OF End Date: September 30, 2022 a. Applicant h. Project C003 15. ESTIMATED FUNDING 16. IS APPLICATION Federal $99,092 SUBJECT TO REVIEW BY STATE EXECU'T'IVE ORDER Applicant $0 12372 PROCESS? State $0 Program has not been selected by Local $0 state for review Other $0 https://grants.ojp.usdoj.gov/gmsexternal/applicationReview.do'?print=yes 7/28/2019 Page 2 of 2 Program Income j$0 17. IS "TIE APPLICANT TOFAL $99,092 • DELINQUENT ON ANY FEDERAL DEBT? 18. TO TILE BEST OF MY KNOWLEDGE AND BELIEF, ALL IATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF TIIL APPLICANT AND THE APPLICANT WILL COMPLY WITH TIIE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. Close Window haps://grants.ojp.usdoj.gov/gmsexternal/applicationReview.do?print=yes 7/28/2019 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2019 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality's application for an award under the FY 2019 Edward Byrne Justice Assistance Grant("JAG") Program, and further to 34 U.S.C. § 10153(a), I certify to the Office of Justice Programs ("OJP"), U.S. Department of Justice ("USDOJ"), that all of the following are true and correct: 1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf as chief executive and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government. 2. I certify that no federal funds made available by the award (if any)that OJP makes based on the application described above will be used to supplant 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. 3. I assure that the application described above (and any amendment to that application)was submitted for review to the governing body of the unit of local government(e.g., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification. 4. I assure that, before the date of this certification—(a)the application described above (and any amendment to that application)was made public; and (b) an opportunity to comment on that application (or amendment)was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure made such an opportunity available. 5. I assure that, for each fiscal year of the award (if any)that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require. 6. I have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified therein. e. 1. /4 ;2 O t Signature of Chief Ex=cant of the Applicant Unit of Date of Certification Local Government 1 N- t- o t-A S G R p..1? 3-s -_ M-A y o� Printed Name of Chief Executive Title of Chief Executive Name of Applicant Unit of Local Government Rev. March 6,2019 Assurances Page 1 of 2 NOTE: You must click on the"Accept" button at the bottom of the page before closing this window OMB APPROVAL tipr NUMBER 1121-0140 EXPIRES 05/31/2019 U.S. DEPARTMENT OF JUSTICE CERTIFIED STANDARD ASSURANCES On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify under penalty of perjury to the U.S. Department of Justice ("Department"), that all of the following are true and correct: (1)I have the authority to make the following representations on behalf of myself and the Applicant. I understand that these representations will be relied upon as material in any Department decision to make an award to the Applicant based on its application. (2) 1 certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that it has the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project costs)to plan, manage, and complete the project described in the application properly. (3) I assure that, throughout the period of performance for the award (if any) made by the Department based on the application-- a. the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the award; b. the Applicant will require all subrecipients to comply with all applicable award requirements and all applicable federal statutes and regulations; and c. the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to prohibit employees from using their positions in any manner that poses, or appears to pose, a personal or financial conflict of interest. (4)The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition-- a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. §2000d), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. §6102); b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c)of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)), and that the grant condition set out at section 40002(b)(13)of the Violence Against Women Act(34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise; c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§42.105 and 42.204. haps://grants.ojp.usdoj.gov/gmsexternal/displayAssurancesTextAction.st?method—assure&... 7/28/2019 Assurances Page 2 of 2 (5)The Applicant also understands that(in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R Parts 22 (confidentiality- research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). (6) I assure that the Applicant will assist the Department as necessary (and will require subrecipients and contractors to assist as necessary)with the Department's compliance with section 106 of the National Historic Preservation Act of 1966(54 U.S.C. § 306108), the Archeological and Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508), and the National Environmental Policy Act of 1969 (42 U.S.C. §§4321-4335), and 28 C F.R. Parts 61 (NEPA)and 63 (floodplains and wetlands). (7) I assure that the Applicant will give the Department and the Government Accountability Office, through any authorized representative, access to, and opportunity to examine, all paper or electronic records related to the award (if any) made by the Department based on the application. (8) I assure that, if the Applicant is a governmental entity, with respect to the award (if any) made by the Department based on the application-- a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§4601-4655), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b. it will comply with requirements of 5 U.S.C. §§ 1501-1508 and 7324-7328, 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. (9) If the Applicant applies for and receives an award from the Office of Community Oriented Policing Services (COPS Office), I assure that as required by 34 U.S.C. § 10382(c)(11), it will, to the extent practicable and consistent with applicable law--including, but not limited to, the Indian Self- Determination and Education Assistance Act--seek, recruit, and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions, as provided under 34 U.S C. § 10382(c)(11). (10) If the Applicant applies for and receives a DOJ award under the STOP School Violence Act program, I assure as required by 34 U S.C. § 10552(a)(3), that it will maintain and report such data, records, and information (programmatic and financial)as DOJ may reasonably require. I acknowledge that a materially false, fictitious, or fraudulent statement(or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). I also acknowledge that the Department?s awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General. Accept https://grants.ojp.usdoj.gov/gmsexternal/displayAssurancesTextAction.st?method=assure&... 7/28/2019 Certifications Page 1 of 3 NOTE: You must click on the"Accept" button at the bottom of the page before closing this window U.S. DEPARTMENT OF JUSTICE 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. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the U.S. Department of Justice("Department") determines to award the covered transaction, grant,or cooperative agreement. 1. LOBBYING As required by 31 U.S.C. § 1352,as implemented by 28 C.F.R. Part 69, the Applicant certifies and assures (to the extent applicable)the following: (a)No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant,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,or the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If the Applicant's request for Federal funds is in excess of$100,000,and 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 Applicant shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities" in accordance with its (and any DOJ awarding agency's) instructions; and (c)The Applicant shall require that the language of this certification be included in the award documents for all subgrants and procurement contracts (and their subcontracts)funded with Federal award funds and shall ensure that any certifications or lobbying disclosures required of recipients of such subgrants and procurement contracts (or their subcontractors) are made and filed in accordance with 31 U.S.C.§ 1352. 2. DEBARMENT, SUSPENSION,AND OTHER RESPONSIBILITY MATTERS A. Pursuant to Department regulations on nonprocurement debarment and suspension implemented at 2 C.F.R. Part 2867, and to other related requirements, the Applicant certifies, with respect to prospective participants in a primary tier"covered transaction",as defined at 2 C.F.R. §2867.20(a),that neither it nor any of its principals-- (a)is 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)has within a three-year period preceding this application been convicted of a felony criminal violation under any Federal law,or been convicted or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public (Federal, State, tribal, or local)transaction or private agreement or transaction; (c) is presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, tribal, or local)with commission of any of the offenses enumerated in paragraph (b)of this certification; and/or https://grants.ojp.usdoj.goy/gmsexternalidisplayAssurancesTextAction.st 7method certify... 7/28/2019 Certifications Page 2 of 3 (d) has within a three-year period preceding this application had one or more public transactions (Federal, State, tribal, or local)terminated for cause or default. B.Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation to this application.Where the Applicant or any of its principals was convicted,within a three-year period preceding this application, of a felony criminal violation under any Federal law,the Applicant also must disclose such felony criminal conviction in writing to the Department(for OJP Applicants,to OJP at Ojpcompliancereporting@usdoj.gov; for OVW Applicants,to OVW at OVW.GFMD@usdoj.gov; or for COPS Applicants,to COPS at AskCOPSRC@usdoj.gov), unless such disclosure has already been made. 3. FEDERAL TAXES A. If the Applicant is a corporation, it certifies either that(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 the Department(for OJP Applicants,to OJP at Ojpcompliancereporting@usdoj.gov; for OVW Applicants, to OVW at OVW.GFMD@usdoj.gov; or for COPS Applicants,to COPS at AskCOPSRC@usdoj.gov). B. Where the Applicant is unable to certify to any of the statements in this certification, it 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, as implemented at 28 C.F.R. Part 83, Subpart F, for grantees, as defined at 28 C.F.R. §§83.620 and 83.650: A. The Applicant certifies and assures 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 its 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 Applicant'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 award 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 award, the employee will-- (1)Abide by the terms of the statement; and (2)Notify the employer in writing of the employee's conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e)Notifying the Department, 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 of any such convicted employee to the Department, as follows: https:Ugrants.ojp.usdoj.gov/grnsexternal/displayi\ssurances l extnction.st?method certify... 7/28/20 I9 Certifications Page 3 of 3 For COPS award recipients -COPS Office, 145 N Street, NE,Washington, DC, 20530; For OJP and OVW award recipients -U.S. 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 award; (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; and (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). 5. COORDINATION REQUIRED UNDER PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS As required by the Public Safety Partnership and Community Policing Act of 1994, at 34 U.S.C. § 10382 (c)(5), if this application is for a COPS award,the Applicant certifies that there has been appropriate coordination with all agencies that may be affected by its award.Affected agencies may include, among others, Offices of the United States Attorneys; State, local, or tribal prosecutors; or correctional agencies. I acknowledge that a materially false,fictitious, or fraudulent statement(or concealment or omission of a material fact) in this certification,or in the application that it supports,may be the subject of criminal prosecution (including under 18 U.S.C. §§1001 and/or 1621, and/or 34 U.S.C.§§ 10271-10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise(including under 31 U.S.C. §§3729-3730 and 3801-3812). I also acknowledge that the Department's awards, including certifications provided in connection with such awards,are subject to review by the Department, including by its Office of the Inspector General. Accept https://grants.ojp.usdoj.gov°?gnisexternal/display;lssurances 1 extAction.st?method—certify... 7'28/2019 MEMORANDUM OF UNDERSTANDING CONCERNING RECEIPT AND DISBURSEMENT OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS FOR FY 2019 (GMS APPLICATION #2019-H3605-CO-DJ) THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 12th day of August, 2019, 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 2019 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$99,092.00 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 $99,092.00 JAG Grant Funds will be allocated as follows: The City will receive $75,310.00 and will use these resources to fund one or more projects/programs that are outlined in the Program Narrative attachment of the application. The County will receive $23,782.00 of which the Pueblo County Sheriff's Department will receive $19,026.00 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 $4,756.00 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 2019 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 2019 Page- 2 IN WITNESS WI IEREOF,the parties have entered into this Memorandum of Understanding the day and year first written above. ATTEST: ��� :6 PUEBLO C UN"I Y,COLORADO By41.,�!• By o the Board Chairman, 3oard of County Com •stoners ATTEST: CITY OF PUEBLO,A Municipal Corporation B (Lie. BY / _ ''-. .d ;"./ - ity Clerk -rc:ident'. ' A ye A f LEST. PUEBLO COUNTY S IF 1FF 13y07t- 11.32.52---4 By - Kirk 'aylor.Sh- T ATTE. ': CLIN OF PUEBLO ' DEPAR I'M I Bye.. 4._ l/� +X % / "fro dot a enport, ief of Police ATTEST: 10'0 JUDICIAL DISTRICT ATTORNEY ByL, .� - - - Jeff Chostner, District Attorney