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HomeMy WebLinkAbout06611ORDINANCE NO. 6611 AN ORDINANCE APPROVING AND ACCEPTING U.S. DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT AWARD NO. 2000-LB-BX- 1914 AND APPLIC- ABLE CONDITIONS PERTAINING THERETO, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME AND THE CITY MANAGER TO EXECUTE RELATED CERTIFICATIONS, ASSURANCES AND OTHERDOCUMENTS, AND EXPRESSING AN INTENTION TO APPROPRIATE 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. 2000 -LB -BX -1914 (the "Award ") in the amount of $241,866.00 upon conditions, including but not limited to expenditure by the City of $26,874.00 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. 2000 -LB -BX -1914 to the City of Pueblo, a true copy of which is attached hereto, is hereby accepted in accordance with its terms and conditions and is 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, assurances and other documents associated therewith. SECTION 3 The local match required under this contract in the amount of $26,874.00 is hereby authorized from the General Fund Prior Year Fund Balance. 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 rk INTRODUCED: October 23, 2000 By Rich Golenda Councilperson APP VED. l� n G ll President of of the City Council PASSED AND APPROVED: November 27, 2000 �J M SO L F Background Paper for Proposed Ordinance Date: November 13, 2000 Department: Police Department TITLE Law Enforcement Block Grant 2000 -LB -BX -1914 ISSUE A� AGENDA ITEM # ;�� The United States Department of Justice has tendered a Law Enforcement Block Grant Award No. 2000 -LB -BX -1914 in the amount of $241,866.00 upon conditions, including but not limited to expenditure by the City of $26,874.00 in local matching funds. Shall City Council accept the award on behalf of the City of Pueblo? RECOMMENDATION Recommend approval. BACKGROUND The Local Law Enforcement Block Grant Program provides funds to units of local government for the purpose of reducing crime and improving public safety. The program is designed to help local communities address problems specific to their area. The City of Pueblo has participated in the LLEBG program since its inception in 1996. FINANCIAL Il"ACT LLEBG requires local jurisdictions to provide 10% matching funds from other sources. The City of Pueblo has been awarded $241,866.00 for 2000 and we would be required to provide matching funds of $26,874.00. The local match required under this contract would be authorized from the General Fund Prior Year Fund Balance. 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'` DATE: October 10, 2000 RE: Law Enforcement Block Grant No. 2000 -LB -BX -1914 Sgt. Van Ryn has provided us with copies of a grant award for the above referenced block grant consisting of (a) a faxed one -page letter dated September 30, 2000 from Nancy E. Gist of the U.S. Department of Justice ( "DOJ ") to Mr. Quigley, (b) a faxed three -page letter from Inez Alfonzo Haller of DOJ to Mr. Quigley, (c) an Award form dated 09/30/2000 consisting of five pages, (d) a Memorandum of Understanding dated September 14, 2000 between the City of Pueblo and County of Pueblo concerning the sharing of LLEGB fiends, (e) four web pages from DOJ's grant site containing 20 Special Conditions of the grant award, (f) two web pages from DOJ's grant site containing required certifications pertaining to lobbying activities, (g) two web pages from DOJ's web site containing required certifications pertaining to debarment and suspension, (h) two web pages from DOJ's web site containing required certifications relating to the Drug -Free Workplace Act, (i) three web pages from the DOJ's web site containing sixteen (16) membered assurances of compliance with various federal laws and regulations, and 0) one web page captioned "Accept Award" with the amount of the grant and required match stated. These items, taken together, will be considered by this office to constitute the entire grant award and agreement. We understand that it is your desire that we review the grant award and agreement and prepare an ordinance for consideration of City Council to approve same. Based upon the items reviewed and our assumption as stated above, we will approve the grant award and 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 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 $26,874.00 local (City) match, we have also assumed that such funds have been duly budgeted in either the Police Department's year 2000 Budget, or that same will be proposed and approved as part of the Department's year 2001 Budget, and that a sufficient unencumbered balance of appropriations for same is or will exist to meet the match obligation. Special Condition No. 18 appears to require that the expenditure of the grant fiends must be formally budgeted as well, and we assume this has been or will be done as part of the 2000 or 2001 Budgets. 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 IS of the Special Conditions requires at least one public hearing regarding the proposed use of the grant fiends. In order for there to be compliance with this provision, the matter should be presented to City Council by ordinance, and a special notice of hearing before the City Council should 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 fiends 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 fiends 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. I have today reviewed a proposed form of notice prepared by Sgt. Van Ryn and have advised him of some recommended changes thereto. Please note that the grant contains numerous special conditions, certifications and assurances 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 finds be reviewed by an advisory board constituted as set forth in paragraph 19 of the Special Conditions, and that that board mist make "non- binding" recommendations as to the proposed use of the funds. Sgt. Van Rvn did provide me with a one -page sheeting indicating that a board meeting was purportedly held on October 4, 2000. However, the information provided does not indicate that any "recommendation" was rendered by the board as required. If this was done, the Police Department should maintain records documenting that it has been done; if not, then a meeting should be held for the purpose of the advisory board making the required recommendations. 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 complete grant award and agreement (as identified above) attached to each copy of the Ordinance. Please contact me if you have any questions regarding this matter. /J P Enclosure xc: Billy G. Martin Sgt. Patrick Van Ryn Local Law Enforcement Block Grant - LLEBG Introduction Application Awar Jl'D Grant Handbook View Only View Applieation Help/Frequently Asked Q uestions LLEBG Home Log -Off https: // grants .ojp.usdoj.gov - 8004 /gms_user plsgL Ilebg_mauLapp_reaa_ontyYp_ogid =t 0 Application was submitted on 18- SEP -00. Click here to print a copy. LLEBG FY 2000 Application Date Certified : 18- SEP -00 Date Submitted : 18- SEP -00 Jurisdiction Information (Disparate) Jurisdisction: County: State: CDFA Number: Pueblo City 16.592 PUEBLO COLORADO Budget Inf ormation Eligible Award Amount: Final Award Match Matching Funds Amount: Amount: Description: $316,866 State and Local $26,874 Government Units $241,866 CEO Information Title: Name Prefix: First Name: jLastName: I City Manager Mr. Lewis Quigley Address: 1 City Hall Place Pueblo, CO 81003 -4201 Telephone: 719- 584 -8000 Fax: 719- 5840844 Email: pvanryn @yahoo.com Program Contact Information Title: Name Prefix: Last Name: First Name: Sergeant Mr. Van Patrick Ryn Address: Telephone: Fax: Email: Pueblo Police Department 719- 549 -1233 130 Central Main Street 719 -549 -1263 pvanryn @yahoo.com Pueblo, CO 81003 -4212 Application Details Date Agreed to Trust Fund Requirement: Applicant is PSOHB Compliant: 24- AUG -00 Yes Date Agreed to SPOC Requirement: Date Agreed to SAA Review 24- AUG -00 Requirement: 24- AUG -00 Date Agreed to Certifications: Date Agreed to Assurances: 18- SEP -00 18- SEP -00 I of 1 1016100 11:05 Al Review CEO Information Award EIM https: / /grarts.ojp.usdoj.gov. 800 3 /gms_user /plsgi /award.revicw cro info ?p_bgid =2 Switch to ... r Award Handbook Review CEO Information Please review the CEO information provided during the application process. To change any of the following information, click on the Change CEO Information button Overview below. Review CEO Information Review Jurisdiction Information Accept Award View Award Document Financial Institutio Information Jurisdiction CEO Information Title City Manager Prefix Mr. First Name Lewis Last Name Quigley Phone 719 -584 -8000 Extension Fax 719 -584 -0844 E -mail pvanryn @yahoo.com Decline Award Continue Change CEO Information Help/Frequently Asked Q uestions LLEBG Home Look -Off 1 of 1 10/6/0011:07 t Review Jurisdiction https: / /grants.ojp. usdoj. gov /'gms_user,'pisgUaward.review junsdictiofi ?p_bgid °_ lcafion' Award to n e e Switch to ... Tr Award Handbook Review Jurisdiction Information Please ensure that appropriate uppercase and lowercase letters have been used in the Applicant Information fields; not all uppercase or all lowercase. To change any of Overview the fields below, click on Change Jurisdiction Information button. If you have provided only a post office box, please provide a street address that BJA may use for Review CEO any overnight mailings. Information Review Jurisdiction Information Accept Award View Award Document Financial Institution L Information _ Jurisdiction Information Name Pueblo City Address Line 1 1 City Hall Place Address Line 2 City Pueblo State ICOLORADO Zip 181003-4201 Decline Award -- I Continue Help/Frequently Asked Q uestions LLEBG Home Losz-Off Change Jurisdiction Information I of 1 10/6/00 11:08 AA Award Overview httpsaigrants .ojp.usaoj.govzsv)41gms_user pisquawara.overvicwrp_Dgia =_ e� Award �` Award Handbook Overview The Award Section of your handbook allows you to check if FY 2000 LLEBG Award documents have been approved by BJA and are ready for your acceptance. You are Overview able to accept or decline your award and print the formal award documents for your records. To ensure that the jurisdiction and CEO information provided during the Review CEO application process is current and accurate, please verify the information on the Information following screens. Review Jurisdiction -- Information Accept Award View Award Document F inancial Institution Information I Decline Awar I --. — --- - — Help/Frequently Asked uestions LLEBG Home Loe The date of your award is 30 -SEP -2000, and it is now ready for your acceptance. You have 45 calendar days to accept this award and 90 calendar days to complete the Request for Drawdown (RFD) process. FY 2000 LLEBG Award Information FY 2000 LLEBG Final Award Amount* This amount reflects the final award $ 241,866.00 mount for FY 2000 plus any needed diustment to the FY 1999 Award mount Matching Amount $ 26,874.00 Please click on the Continue button to review CEO information, view the award documents, and accept the award. If you choose to decline your award, please skip to the Decline Award step on the left. Continue 1 of 1 10/6/00 11:07 AN Accept Award https: // grants .ojp.usdoj.gov / pisgUaw•ard.accept_award ?p_bgid =: Switch to ... 4 Aoplicafion Award WD Grant:Chan_ es e otre �nC�y Award Handbook Accept Award FY 2000 LLEBG Final Award Amount." $ 241,866.00 Oven•iew Matching Amount $ 26,874.00 Review CEO This amount reflects the final award amount for FY 2000 plus any required Information adjustments related to the FY 1999 Award amount. Review Jurisdiction To continue with the Accept Award process, you must click on the links to the Information Special Conditions, Assurances, Lobbying, Debarment Suspension..., and Drug Free workplace. Within each link, you must click on the box underneath each condition AND click on the Accept button at the bottom of the screen. Accept Award • Special Conditions View Award Document i - -- - -- - - -- • Assurances Financial Institution Information • Certifications regarding lobbying;debarment, suspension and other _- ___- _- "- - "- " -- responsibility matters; and drug -free workplace requirements Decline Awar 1. Lobbvinq Help/Frequently Asked 2. Debarment. Suspension. and Other Responsibility Matters (Direct uestions Recipient) LLEBG Home 3. Drug -Free Workplace (Grantees Other than Individuals) LosTOff Acceptance of this Award and special conditions DOES NOT result in an automatic payment of LLEBG funds. BJA requires that all grantees submit the Request for Drawdown (RFD) in order to have funds directly deposited to your Financial Institution. Please take time to plan a detailed budget and comply with each special condition. For FY 2000, grantees have to submit the RFD within 90 calendar days from the award date. Your jurisdiction's award date is 30- SEP- 2000.Once you accept your award, you may begin the RFD process. Continue 1 of l 10/6/00 11:08 MEMORANDUM OF UNDERSTANDING CONCERNING RECEIPT AND DISBURSEMENT OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS FOR FY 2000 THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of 52ete.�r , 2000, effective as of �.,;e��aoeri4,2�� by and between the City of Pueblo, a Municipal Corporation (hereinafter referrred to as the "City ") and Pueblo County, Colorado (hereinafter referred to as the "County "). WITNESSETH: WHEREAS, the parties recognize that for FY 2000 Local Law Enforcement Block Grand ( LLEBG) 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 Local Law Enforcement Block 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 met on August 16, 2000 and reached an agreement over the receipt of $316,866.00 in LLEGB funds and the disbursement of those funds and wish to set those forth in the following manner. NOW, THEREFORE, in consideration of a mutual agreement and in accordance with Federal law, the parties agree as follows: The City will receive $241,866.00 and had budgeted that amount to use on yet to be determined equipment. The City will match these funds with $26,874.00 as part of the project. The County will receive $75,000.00, of which the Pueblo County Sheriffs Department will receive $60,000.00 to purchase equipment and /or personnel for law enforcement. These funds will be matched by $6,666.00. The Pueblo County District Attorney will receive the remaining $15,000.00 of the County's allocation. These funds will be matched by $1,666.00 in cash or equivalent purchases which are part of the project to assist law enforcement. Memorandum of Understanding Concerning Receipt and Disbursement of Local Law Enforcement Block Grant Funds for FY 2000 Page —2- IN WITNESS WHEREOF, the parties have entered into this Memorandum of Understanding the day and year first written above. ATTEST By Clerk the Board WIN 1 ATTEST: By, 0 3 ity Clerk ATTEST: ByUee CITY F PUEBLO Municipal Corporation By (.' President of the City Council PUEBLO COUNTY SHIIR :A, DaA'Corsentiha, S ATTEST: CITY OF PUEBLO POLICE DEPARTMENT By �t�`' B*Billlings, W Chief ATTEST: v " ` 10TH JUDICIA TRICT RNEY By G.F. Sandstrom, Distr ct Attorney UADA \MEMO \COPR MOU LLEBG 2000.DOC / %9_ 0 &, y � �. �l . •p' I i. �v PUEBLO COUNTY SHERIFF'S DEPARTMENT Dan L, Corsentino, Sheriff July 31, 2000 Dear Jim, Enclosed you will find what we discussed on Saturday regarding the block grant. Please review and I will give you a call. no DLClmlo 909 Court Street . Pueblo, CC 81003 • Law Enforcement (719) 583 -6125 • Detention (719) 583 -6135 E -Mail sheriff @uso.net _l =-- Tex Sherrif Cosentino n Frorm Pat Rosales ,-C 6 Date; 07/13100 Re: Disparate Jurisdiction and Local Law Enforcement Block Grant (LLEBG) Attached is a copy of Attorney General Salazar's designation of Pueblo County as a disparate jurisdiction. As I indicated in the County's request to the Attorney General, a copy of which you reviewed, LLEBG legislation requires disparate jurisdictions to negotiate a plan with the local jurisdiction that receives funds. The plan is for the distribution of funds "to the mutual satisfaction" of the jurisdictions involved. Failure to do so will result in non - funding for both or all jurisdictions. As you know, the City of Pueblo is slated to receive $316,866 in LLEBG funds, while Pueblo County receives nothing. Since Pueblo County is now certified as a "disparate jurisdiction ", we are in a position to negotiate a plan with the City to determine how best to allocate the LLEBG funds that were going to go solely to the city. Attached is a copy of a "Bureau of Justice Assistance Fact Sheet," which outlines the program purpose areas. The Fact Sheet also describes the Application process for 2000. The process for 2001 is scheduled for posting on the web mid -July. Lauri Port, our paralegal for your Office, is tracking this and is working with Colorado Counties to make sure we meet the process requirements and applicable deadlines. Since the LLEBG Program requires a joint application by a deadline sometime in August, we should initiate contact with the City as soon as possible to develop the application. Lauri and I conferred with Terry Hart as to how we might best approach the City. We agreed that Chief Billings would be receptive to a call from you requesting a meeting to plan the development of a joint application. If Chief Billings agrees to such a meeting, it may be beneficial for County Law Enforcement to go to such a meeting with a draft proposal as to how the funds should be divided. If you agree that this is an appropriate way to proceed, will you please make the call to Chief Billings to schedule a meeting. After that, will you let us know the date and location and who you and the Chief think should attend. In addition, if you need assistance with developing an initial proposal, please feel free to call upon us. If you disagree with this approach, please let me know your thoughts for proceeding and Lauri and I can be of assistance. At some juncture, we will be developing a resolution for the BOCC's approval of the joint application. We may also be looking at an Intergovemmental Agreement or MOU. In any event, we need to move swiftly to get the joint application in on time and to prepare any ancillary documents for the joint application. Our primary goal is to develop an application that is mutually beneficial to the County and the City in a timely and efficient manner. • Page 1 Thank you for your immediate attention to this matter. UASMMEMO\prdpdis ur.doc • Page 2 LLEBG - FY2000 Certified as Disparate Jurisdictions http : /igrants.ojp.usdoj.gov:MWSiSim p1sg1, Ilebg _ty. !UUU_report.disparate_stat.. LOCAL. LAw ENFORCEMENT BLVCK GRANTS FY2000 Certified as Disparate Jurisdictions Back State County FAmount City Amount % Colorado Arapahoe County $34,843 Aurora City $409,755 200 �— Boulder County $27,265 Bo ulder City $51,874 400 - F — I Broomfield City $19,453 400% Lafayette City $19,843 400 Longmont City F $28,749 400 El Paso County $67,576 Colorado Springs City $379,287 200% Jefferson County $38,827 Lakewood City $112,263 200% La Plata County F $0 Durango City F $10,390 F 200 Larimer County F $17,4211 Fort Collins City 1 $97,2631 200% Las A nimas County $0 Trinidad City $14,609 200 I Mesa County $19,687 Grand Junction City $56,327 200% Otero County $0 1 La Junta City $11,484 200 r I Pueblo County $0 1 Pueblo City $316.866F200-/. �— Weld County $21,406 FGreeley City F $62,264F200 IME Production Release 1.0.1 1 of 1 8/4/00 8:24 A