HomeMy WebLinkAbout06505ORDINANCE NO. 6505
AN ORDINANCE APPROVING AND ACCEPTING U.S.
DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT
BLOCK GRANT AWARD NO. 99LBVX2112 AND
APPLICABLE CONDITIONS PERTAINING THERETO,
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL
TO EXECUTE SAME AND THE CITY MANAGER TO
EXECUTE RELATED CERTIFICATIONS AND
DOCUMENTS, AND APPROPRIATING THE CITY'S
LOCAL MATCH THEREFOR
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 Law
Enforcement Block Grant Award No. 99LBVX2112 (the "Award ") in the amount of $369,634.00
upon conditions, including but not limited to expenditure by the City of $41,070.00 in local
matching funds; 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 Award of Grant No. 99LBVX2112 to the City of Pueblo, a true copy of which is
attached hereto, is hereby accepted in accordance with its terms and conditions and approved.
SECTION 2
The President of the City Council is authorized to execute the 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 and documents associated therewith.
SECTION 3
Required Matching Funds from the City in the amount of $41,070.00 are authorized to be
paid or expended from Account No. 101 - 8010 - 590.50 -9 from the Police Department's Year 2000
Budget Appropriation in connection with the City's matching obligation under said Grant Award.
SECTION 4
The Grant Award Funds and City's local matching funds shall be segregated and deposited
in an interest bearing trust fund account that is specifically designated for the Law Enforcement
Block Grants Program ( "Program "). The funds in the account including interest thereon shall only
be expended and used for the Program and shall be so expended or obligated by September 30, 2001,
provided, however, that none of the funds shall be spent or obligated until any applicable conditions
precedent for expenditure of Grant Funds, as set forth in the Grant's Special Conditions, have been
complied with.
ATTEST:
City Cle
INTRODUCED: January 10, 2000
By Patrick Avalo
Councilperson
Z ED:
resident of the City Council
COUNCIL AGENDA
TITLE: An Ordinance Approving and Accepting U.S. Department
of Justice Local Law Enforcement Block Grant Award
99LBVX2112 and Applicable Conditions Pertaining
Thereto and Authorizing the President of the City
Council to Execute Same.
DEPARTMENT: Pueblo Police Dept. DATE: January 10, 2000
ISSUE: Should the Police Department accept and
utilize a Department of Justice Block Grant to
assist in projects to reduce crime and improve
public safety.
RECOMMENDATIONS: The Police Department recommends approval of
this grant award.
BACKGROUND/ It is the wish of the Pueblo Police Department
ANALYSIS: to use this grant for the purchase of
technology and /or equipment. It is our desire
to continue placing lap top computers in all
police vehicles; enhance security measures;
and augment our community policing abilities.
FINANCIAL: The total grant amount is $410,704. The
Federal Share amounts to $369,634 and the
City's Share amounts to $41,070. The funds
for the City's Share will come out of the 2000
CIF Contingency Account.
D D
CD
City of Pueblo
OFFICE OF THE CITY ATTORNEY
127 Thatcher Building
PUEBLO, COLORADO 81003
MEMORANDUM
TO: Ronald A. Gravatt, Deputy Chief, Pueblo Police Department
FROM: Thomas J. Florczak, Assistant City Attorney " V
DATE: December 17, 1999
RE: Law Enforcement Block Grant No. 99 LBVX2112
In your letter to Mr. Jagger dated December 8,1999, you requested that we review the a]2Qve
referenced "contract' ' and assist by drafting a resolution for presentation to City Council. Unlike the
documentation provided with other U.S. Department of Justice grant awards or agreements which
you have asked us to review, your letter in this case was accompanied only by a one page "Local
Law Enforcement Block Grants Application" and two pages of "Special Conditions," (attached as
Bates Nos. 000001 through 000003), without any Notice of Award signed by a DOJ official.
Subsequently, I met with Sgt. Pat Van Ryn who provided me with additional documents printed off
the internet which he represented to be either part of the application for the block grant or part of the
award documents. These items are also attached hereto and bear Bates Nos. 000004 through
000011. It has been represented to me that these items constitute the entire grant award and
agreement.
Based upon the foregoing representations which we assume to be true, we will approve the
grant agreement as to form subject to the comments and conditions set forth below.
In reviewing the grant agreement, we have assumed that you have thoroughly read the
documents, and any documents incorporated by reference, understand their provisions completely
and find the terms thereof both acceptable for the City and consistent with your understanding of the
arrangement and the City's responsibilities thereunder. Because the grant requires a $41,070.00
local match, we have also assumed that such funds have been duly budgeted in the Police
Department's year 2000 budget and that an unet*cumbered balance of appropriations for same is
expected to exist. If any of these assumptions are not the case, please contact me immediately to
discuss the proposed grant and answer any questions you may have concerning its requirements.
With respect to this grant award, paragraph 11 of the Special Conditions (found on Bates No.
000003) requires at least one public hearing regarding the proposed use of the grant funds. In order
for there to be compliance with this provision, the matter should be presented to City Council by
ordinance rather than by resolution, and a special notice of hearing before the City Council should
r
be published in the Pueblo Chieftain in advance of the public hearing stating the purpose of the
notice, the date, time and place of the hearing, and a description of the proposed use of funds
sufficient for the public to intelligently comment at the hearing. Since standard notice of hearing
upon an ordinance is by title, it would not state the proposed use or uses of the funds with respect
to the approving ordinance we have enclosed for your use, and therefore special notice of hearing,
as described above, would be required in addition to the standard notice.
Please note that the grant contains numerous special conditions and requires certain record
keeping, reporting and accounting functions to be performed by the City, all of which must be
observed. The grant also requires that the use of all grant funds be reviewed by an advisory board
constituted as set forth in paragraph 12 of the Special Conditions, and that that board must make
"non- binding" recommendations as to the proposed use of the funds. I did review with Sgt. Ryn
minutes of a board meeting which did not indicate that any "recommendation" was rendered by the
board as required. Finally, the grant requires submission of an EEOC Plan.
I have prepared the enclosed Ordinance approving the grant for presentation to City Council.
Before you transmit the appropriate number of copies of the Ordinance and grant to the City Clerk
for placement on the Council's agenda, all blanks contained in the Ordinance must be completed.and
a copy of the grant attached to each copy of the Ordinance.
Please contact me if you have any questions regarding this matter.
sm
enc. (2)
Page 1 of 1
Local Law Enforcement Block Grants Application Fiscal Year
1999
The following is a printout of your jurisdiction's online application for the Fiscal Year
1999 Local Law Enforcement Block Grants ( LLEBG) Program. Your jurisdiction's chief
executive officer (or an official delegate) has completed the information listed below and
electronically submitted it to the Bureau of Justice Assistance (BJA) for approval.
Jurisdiction
Name of Jurisdiction:
State: CO
Pueblo City
Ph: 719-584
X -
Federal Award Amount:
IMatch Amount: I
ensus ID #:
OJP Vendor ED
$369,634
41070
62051001
846006151
Chief Executive Officer Information
Name: Lewis
Quigley
e City
Managery
ddress: 1 City Place Pun
ty 81003
Ph: 719-584
X -
Programmatic Contact Information
Name: Ron
Title Deputy
Address: 130 Central Main Pue o
Ph: 719 -549 -1251
Gravatt
Chief
CO 81003
Xnone
The Omnibus Fiscal Year 1999 Appropriations Act, Public Law 105 -277, provides funds
for the implementation of the LLEBG Program, to be administered by BJA, U.S.
Department of Justice. The purpose of the LLEBG Program is to Provide units of local
government with funds to underwrite projects to reduce crime and improve public safety.
The LLEBG Program allows jurisdictions to find criminal justice initiatives in the
following seven purpose areas: supporting law enforcement; enhancing security measures;
establishing or supporting drug courts; enhancing the adjudication of cases involving
violent offenders; establishing multijurisdictional task forces; establishing community
crime prevention programs; and indemnification insurance.
The LLEBG Program is administered by the State and Local Assistance Division, BJA. If
you have any questions, please contact us at (202) 305 -2088.
* indicates required 9
http: / /grants.ojp.usdoj.gov: 8003 /gmsl... /llebg_ main_pkg.print_online_app ?p_edit_mode =VIE 12/8/99
LLEBG - Special Conditions
Page 1 of 4
Special Conditions - Pueblo City UIWOM
Local Jurisdiction in compliance w /PSOHB
1. The recipient agrees to comply with the financial and administrative requirements set
forth in the current edition of the Office of Justice Programs (OJP) Financial Guide.
2. The recipient agrees to comply with the organizational audit requirements of OMB
Circular, A -133, Audits of States, Local Governments and Non - Profit Organizations, as
further described in OJP's Financial Guide, Chapter 19.
3. The recipient shall submit one copy of all reports and proposed publications resulting
from this agreement twenty (20) days prior to public release. Any publications (written,
visual, or sound), whether published at the recipient's or government's expense, shall
contain the following statement: (NOTE: This excludes press releases, newsletters, and
issue analysis.)
"This project was supported by Grant No. 1999 -LB -VX -7208 awarded by the Bureau of
Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view
in this document are those of the author and do not necessarily represent the official
position or policies of the U.S. Department of Justice." �—
4. The recipient agrees to provide information required for any national evaluation
conducted by the U.S. Department of Justice.
5. The recipient acknowledges that failure to submit an acceptable Equal Employment
Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR 42.302), that
is approved by the Office of Civil Rights, is a violation of its Certified Assurances and
may result in funds from the award being frozen, until such time as the recipient is in
compliance.
6. The recipient agrees to provide and expend a 10 percent cash match (calculated as 1/9
of the Federal award amount) before the end of the 24 month grant expenditure period.
The recipient is reminded that the matching funds are auditable under Special Condition
#2, and will be binding to the recipient.
7. The recipient is required to establish a trust fund account. This fund may not be used to
pay debts incurred by other activities beyond the scope of the Local Law Enforcement
Block Grants Program. The recipient also agrees to expend the grant funds in the trust
fund (including any interest earned) during the 24 month grant expenditure period.
Grant funds (including any interest earned) not expended by the end of the 24 month
period must be returned to the Bureau of Justice Assistance (BJA) along with the final
submission of the Financial Status Report (SF -269A) by the end of the 27 month.
8. The recipient agrees, if the funds are used for the hiring and employing of new,
additional law enforcement officers and support personnel, as described in the applicable
purpose area of Subpart A section 101(a)(2), that the recipient unit of local government
will achieve a net gain in the number of law enforcement officers who perform non -
administrative public safety service.
9. The recipient agrees, if the funds are used for the hiring and employing of new,
additional law enforcement officers and support personnel, that the unit of local
government will establish procedures to give members of the Armed Forces who, on or
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LLEBG - Special Conditions
nge L oT 4
U00003
after October 1, 1990, were or are selected for involuntary separation (as described in
section 1141 of Title 10, United States Code), approved for separation under section
1174a or 1175 of such title, or retired pursuant to the authority provided under section
4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992
(division D of Public Law 102 -484; 10 U.S.C. 1923 note), a suitable preference in the
employment of persons as additional law enforcement officers or support personnel.
10. The recipient agrees, if funds are used for enhancing security or crime prevention, that
the unit of local government - -
(a) has an adequate process to assess the impact of any enhancement of a school
security measure that is undertaken under subparagraph (B) of section 101(a)(2),
or any crime prevention programs that are established under subparagraphs (C)
and (E) of section 101(a)(2), on the incidence of crime in the geographic area
where the enhancement is undertaken or the program is established;
(b) will conduct such an assessment with respect to each such enhancement or
program; and
(c) will submit to the BJA an annual assessment report, via the Internet system.
11. The recipient agrees that prior to expenditure of any LLEBG funds, at least one (1)
public hearing will be held regarding the proposed use(s) of the grant funds. The
recipient must also provide verification to BJA of the public hearing. At the hearing,
persons shall be given an opportunity to provide written and oral views to the recipient
on the proposed use(s) of the grant funds. The recipient will hold the public hearing at a
time and place that allows and encourages public attendance and participation. The
recipient may not request a drawdown of funds until these requirements are met and
the formal budget allocations are adopted by the recipient.
12. The recipient agrees that prior to expenditure of any LLEBG funds, a previously
designated or newly established advisory board will meet to discuss the proposed use(s)
of the grant funds. The recipient will designate the advisory board to make nonbinding
recommendations on the use(s) of funds under the LLEBG Program. Membership on the
advisory board must include a representative from the following, however it may be
broader:
a) the local police department or sheriffs department;
b) the local prosecutor's office;
c) the local court system;
d) the local school system; and
e) a local nonprofit, educational, religious, or community group active in crime
prevention or drug use prevention or treatment.
The recipient may not request a drawdown of funds until these requirements are met
and the formal budget allocations are adopted by the recipient.
FOR LOUISIANA PARISH RECIPIENTS:
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