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HomeMy WebLinkAbout08033ORDINANCE NO. 8033 AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF JUSTICE 2009 RECOVERY ACT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE (2009 RECOVERY ACT JAG) GRANT, AWARD NO. 2009 -SB -B9 -0639, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PD0905, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $484,538.00 AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME 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 Justice Assistance Grant Award No. 2009 -SB -B9 -0639 (the "Award ") in the amount of $484,538.00 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. 2009 -SB -B9 -0639 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 PD0905 (2009 Recovery Act JAG) is hereby established, and the amount of $484,538.00 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 Justice Assistance Grants 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 February 28, 2013, 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. This Ordinance shall become effective upon final passage. A77TSTDD SY: CITY CLERK INTRODUCED: June 22, 2009 BY: Judy Weaver COUNNC APPR D IL ' } �- PRESIDENTaf Cfty Council PASSED AND APPROVED: July 13. 2009 L) 4 Background Paper for Proposed ORDINANCE AGENDA ITEM # 23 DATE: JUNE 22, 2009 DEPARTMENT: POLICE DEPARTMENT CHIEF JAMES W. BILLINGS, JR. TITLE AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF JUSTICE 2009 RECOVERY ACT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE (2009 RECOVERY ACT JAG) GRANT, AWARD NO. 2009 -SB -B9 -0639, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PD0905 AND BUDGETING, APPROPRIATING FUNDS IN THE AMOUNT OF $484,538.00 AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should the City of Pueblo accept the 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant (2009 Recovery Act JAG) on behalf of the Police Department in an amount not to exceed $484,538.00? RECOMMENDATION The Department recommends approval of this grant. 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 IMPACT There is no City match for the grant application. The City will receive $368,249.00 as their share of the $484,538.00 JAG Grant Funds. JAG Grant funds in the amount of $368,249.00 that the City of Pueblo will receive will be used to fund nine different projects /programs outlined in the Program Narrative attachment of the application. Funds will be used for In -Car Video Cameras; Bomb Squad Digital X -Ray System; one Full Coverage Bomb Suit for Bomb Techs; Replacement of 1/3 of the Patrol and Traffic Laptop Computers; Completion of the Automatic Vehicle Locator (AVL) System for first responder vehicles; purchase two Mobile License Plate Reader (LPR) Systems; purchase four Camcorders for detectives to record interviews with contacts; purchase 210 Digital Voice Recorders (pocket size) for detectives, and four Trackers to enhance Narcotics, Gang, Graffiti, Property Damage, Gun Crime and other Violent Crime Enforcement. In addition, the Pueblo County Sheriff's Department will receive $93,031.00 to fund four different projects /programs. The Pueblo County District Attorney's Office will receive $23,258.00 to fund four different projects /programs. Details of these projects /programs are outlined in the Program Narrative of the application. Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington, D. C. 20531 June 5, 2009 Mrs. Vera Ortegon City of Pueblo P. O. Box 1427 Pueblo, CO 81002 Dear Mrs. Ortegon: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation in the amount of $484,538 for City of Pueblo. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand: Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Loretta Behm, Program Manager at (202) 616 -5878; and Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458 -0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, James H. Burch II Acting Director Enclosures "< y r„ � +! h 7 i E : � �� • Department of Justice Office of Justice Programs Office for Civil Rights Washington, D.C. 20531 June 5, 2009 Mrs. Vera Ortegon City of Pueblo P. O. Box 1427 Pueblo, CO 81002 Dear Mrs. Ortegon: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http: / /www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith -based organizations can engage in non - funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http:// www .ojp.usdoj.gov /ocr /etfbo.htm. State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case- by-case basis, to require that its funding agencies permit faith -based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301 -308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 83, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http: // www.ojp.usdoj.gov /ocr /eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616 -3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http: / /www.ojp.usdoj.gov /ocr /eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR The Certification Form can be found at http: / /www.ojp.usdoj.gov /ocr /eeop.htrn. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subeecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at http: / /www.ojp.usdoj.gov /ocr /. Sincerely, a. Michael L. Alston Director cc: Grant Manager Financial Analyst Department of Justice Office of Justice Programs z Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Pueblo P. O. Box 1427 Pueblo, CO 81002 IA. GRANTEE IRS/VENDOR NO. 846006151 3. PROJECT TITLE Recovery Act JAG Program Grant PAGE 1 OF 9 4. AWARD NUMBER: 2009 -SB-B9 -0639 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 06/05/2009 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD 11. TOTAL AWARD 03/01/2009 TO 02/28/2013 03/01/2009 TO 02/28/2013 7. ACTION Initial $0 $ 484,538 $ 484,538 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY09 Recovery Act (BJA -Byrne JAG) Pub. L. No. 111 -5, 42 USC 3750 -3758 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL James H. Burch II Vera Ortegon Acting Director President of the City Council OJP FORM 4000/2 (REV. 5 -87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) SPECIAL CONDITIONS 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 acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A -133, Audits of States, Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A -133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e -mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869 -4499 or hotline fax: (202) 616 -9881 Additional information is available from the DOJ OIG website at www.usdoj.gov /oig. 6. RECOVERY ACT — Conflict with Other Standard Terms and Conditions The recipient understands and agrees that all other terms and conditions contained in this award, or in applicable OJP grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111 -5 ( "ARRA" or "Recovery Act ") requirements. Recipients are responsible for contacting their grant managers for any needed clarifications. OR FORM 4000/2 (REV. 4-88) SPECIAL CONDITIONS 7. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at [website], for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 8. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 9. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by law and detailed by the BJA in program guidance for the Justice Assistance Grant (JAG) Program. Compliance with these requirements will be monitored by BJA. 10. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c) -(d). Recipient may not satisfy such a fine with federal funds. OR FORM 4000/2 (REV. 488) - Oy- SPECIAL CONDITIONS 11. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation "). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub - grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm. 12. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http: / /www.it.ojp. gov /default.aspx ?area= policyAndPractice&page =1046. 13. The recipient agrees that funds received under this award will not be used to supplant State or 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. 14. RECOVERY ACT - JAG - Trust Fund The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest - bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of either the Edward Byrne Memorial Justice Assistance Grant Program (JAG) or Recovery JAG Program. The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Financial Status Report (SF -269). 15. RECOVERY ACT — Access to Records; Interviews The recipient understands and agrees that DOJ (including OJP and the Office of the Inspector General (OIG)), and its representatives, and the Government Accountability Office (GAO), shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award, including such records of any subrecipient, contractor, or subcontractor. The recipient also understands and agrees that DOJ and the GAO are authorized to interview any officer or employee of the recipient (or of any subrecipient, contractor, or subcontractor) regarding transactions related to this Recovery Act award. 16. RECOVERY ACT — One -time funding The recipient understands and agrees that awards under the Recovery Act will be one -time awards and accordingly that its proposed project activities and deliverables are to be accomplished without additional DOJ funding. OR FORM 4000/2 (REV. 488) SPECIAL CONDITIONS 17. RECOVERY ACT — Separate Tracking and Reporting of Recovery Act Funds and Outcomes The recipient agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including DOJ award funds from non - Recovery Act awards awarded for the same or similar purposes or programs. (Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate.) Accordingly, the accounting systems of the recipient and all subrecipients must ensure that funds from this Recovery Act award are not commingled with funds from any other source. The recipient further agrees that all personnel (including subrecipient personnel) whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non- award- related activities. 18. RECOVERY ACT — Subawards — Monitoring The recipient agrees to monitor subawards under this Recovery Act award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of Recovery Act funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 19. RECOVERY ACT — Subawards — DUNS and CCR for Reporting The recipient agrees to work with its first -tier subrecipients (if any) to ensure that, no later than the due date of the recipient's first quarterly report after a subaward is made, the subrecipient has a valid DUNS profile and has an active registration with the Central Contractor Registration (CCR) database. 20. RECOVERY ACT - Quarterly Financial Reports The recipient agrees to submit quarterly financial status reports to OJP. At present, these reports are to be submitted on -line (at https: / /grants.ojp.usdoj.gov) using Standard Form SF 269A, not later than 45 days after the end of each calendar quarter. The recipient understands that after October 15, 2009, OJP will discontinue its use of the SF 269A, and will require award recipients to submit quarterly financial status reports within 30 days after the end of each calendar quarter, using the government -wide Standard Form 425 Federal Financial Report from (available for viewing at www. whitehouse. gov/ omb /grants/standard_forms/ffr.pdf). Beginning with the report for the fourth calendar quarter of 2009 (and continuing thereafter), the recipient agrees that it will submit quarterly financial status reports to OJP on- line (at https: / /grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form, not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the grant period. OR FORM 4000/2 (REV. 488) SPECIAL CONDITIONS 21. RECOVERY ACT — Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Subrecipients (a) The recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -profit Organizations" and OMB A -102 Common Rules provisions (relating to Grants and Cooperative Agreements with State and Local Governments). (b) The recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by OMB Circular A -133. This condition only applies if the recipient is covered by the Single Audit Act Amendments of 1996 and OMB Circular A -133, "Audits of States, Local Governments, and Non -Profit Organizations." This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF- SAC. (c) The recipient agrees to separately identify to each subrecipient the Federal award number, CFDA number, and amount of Recovery Act funds, and to document this identification both at the time of subaward and at the time of disbursement of funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. (d) The recipient agrees to require its subrecipients to specifically identify Recovery Act funding on their SEFA information, similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of Recovery Act funds as well as facilitate oversight by the Federal awarding agencies, the DOJ OIG, and the GAO. 22. RECOVERY ACT — Reporting and Registration Requirements under Section 1512 of the Recovery Act. (a) This award requires the recipient to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first -tier recipients must maintain current registrations in the Central Contractor Registration (www.cer.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at www.FederalReporting.gov and ensure that any information that is pre -filled is corrected or updated as needed. OR FORM 4000 /2 (REV. 4-88) SPECIAL CONDITIONS 23. RECOVERY ACT — Provisions of Section 1512(c) The recipient understands that section 1512(c) of the Recovery Act provides as follows: Recipient Reports- Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains- - (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including -- (A) the name of the project or activity; (B) a description of the project or activity; (C) an evaluation of the completion status of the project or activity; (D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and (E) for infrastructure investments made by state and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. 24. RECOVERY ACT — Protecting State and Local Government and Contractor Whistleblowers (Recovery Act, section 1553) The recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non- Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of Recovery Act is available at www.ojp.usdoj.gov /recovery. 25. RECOVERY ACT — Limit on Funds (Recovery Act, section 1604) The recipient agrees that none of the funds under this award may be used by any State or local government, or any private entity, for construction costs or any other support of any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 26. RECOVERY ACT — Infrastructure Investment (Recovery Act, sections 1511 and 1602) The recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure investment absent submission of a satisfactory certification under section 1511 of the Recovery Act. Should the recipient decide to use funds for infrastructure investment subsequent to award, the recipient must submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from OJP. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections 1511 and 1602) is available at www.ojp.usdoj.gov /recovery. OR FORM 4000/2 (REV. 488) — �J SPECIAL CONDITIONS 27. RECOVERY ACT — Buy American Notification (Recovery Act, section 1605) The recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act ( "Buy American"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification to the OJP program office, and a Grant Adjustment Notice is issued that modifies this special condition to add government -wide standard conditions (anticipated to be published in subpart B of 2 C.F.R. part 176) that further implement the specific requirements or exceptions of section 1605. Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States, subject to certain exceptions, including United States obligations under international agreements. For purposes of this special condition, the following definitions apply: "Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi - State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. "Manufactured good" means a good brought to the construction site for incorporation into the building or work that has been- - (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. "Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. For purposes of OJP grants, projects involving construction, alteration, maintenance, or repair of jails, detention facilities, prisons, public crime victims' shelters, police facilities, or other similar projects will likely trigger this provision. NOTE: The recipient is encouraged to contact the OJP program manager — in advance — with any questions concerning this condition, including its applicability to particular circumstances. OR FORM 4000/2 (REV. 488) — 21? SPECIAL CONDITIONS 28. RECOVERY ACT – Wage Rate Requirements under Section 1606 of the Recovery Act (a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter N of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis -Bacon contract clauses set forth in that section. The standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). (b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis -Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 29. RECOVERY ACT – NEPA and Related Laws The recipient understands that all OJP awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The recipient agrees to assist OJP in carrying out its responsibilities under NEPA and related laws, if the recipient plans to use Recovery Act funds (directly or through subaward or contract) to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App. D.) The recipient also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. 30. RECOVERY ACT – Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. 31. RECOVERY ACT – Additional Requirements and Guidance The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future OJP (including government -wide) guidance and clarifications of Recovery Act requirements. 32. RECOVERY ACT - JAG - Delinquent section 1512(c) reports The recipient acknowledges that it has certified that it will comply with all reporting requirements under section 1512(c) of the Recovery Act. (An online reporting mechanism is anticipated to be available for award recipient use by October 10, 2009.) Further to this certification, a failure to comply with the section 1512(c) reporting requirements may, in addition to other penalties, subject the recipient to the following: (1) After failure to report section 1512(c) data for two consecutive reporting periods, the recipient may be— (a) precluded from drawing down funds under any OJP award, and/or (b) deemed ineligible for future discretionary OJP awards, until such time as the recipient becomes current in its section 1512(c) reporting obligations; and (2) After failure to report section 1512(c) data for three consecutive reporting periods, the recipient, upon written demand of the Director of BJA, shall return to OJP any unexpended award funds (including any unexpended interest earned on award funds) within 15 calendar days of the date of the demand notice. Thereafter, the recipient's award shall be converted to a cost - reimbursable grant until such time as the recipient becomes current in its section 1512(c) reporting obligations, and remains current for not less than two additional consecutive reporting periods. OR FORM 4000/2 (REV. 488) fli Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Maria A. Berry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Pueblo The Recovery Act emphasizes the importance of compliance with the National Environmental Policy Act (NEPA) in the use of public funds. The Recovery Act - Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http: / /www.ojp. usdoj .govBJA /resource /nepa.htmi. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Department of Justice GRANT MANAGER'S MEMORANDUM, PT. I: Office of Justice Programs PROJECT SUMMARY . Bureau of Justice Assistance Grant PROJECT NUMBER PAGE I OF 1 2009 -SB -B9 -0639 This project is supported under FY09 Recovery Act (BJA -Byrne JAG) Pub. L. No. 111 -5, 42 USC 3750 -3758 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Loretta Behm Michael Bennett (202) 616 -5878 Deputy Chief 1 City Hall Place Pueblo, CO 810034201 (719) 553 -2464 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation ON REVERSE) 4. TITLE OF PROJECT Recovery Act JAG Program 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of Pueblo P. O. Box 1427 Pueblo, CO 81002 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 03/01/2009 TO: 02/28/2013 FROM: 03/01/2009 TO: 02/28/2013 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 484,538 06/05/2009 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14, THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) This grant program is authorized by the American Recovery and Reinvestment Act of 2009 (Public Law It 1 -5) (the "Recovery Act ") and by 42 U.S.C. 375l(a). The stated purposes of the Recovery Act are: to preserve and create jobs and promote economic recovery; to assist those most impacted by the recession; to provide investments needed to increase economic efficiency by spurring technological advances in science and health; to invest in transportation, environmental protection, and other infrastructure that will provide long -term economic benefits; and to stabilize state and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases. The Recovery Act places great emphasis on accountability and transparency in the use of taxpayer dollars. OJP FORM 4000/2 (REV. 4 -88) Among other things, it creates a new Recovery Accountability and Transparency Board and a new website — Recovery.gov — to provide information to the public, including access to detailed information on grants and contracts made with Recovery Act funds. The Justice Assistance Grant (JAG) Program funded under the Recovery Act is the primary provider of federal criminal justice funding to state and local jurisdictions. Recovery JAG funds support all components of the criminal justice system, from multi jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. Recovery JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. The city of Pueblo and Pueblo County will share the Recovery Act JAG award and use the funds to continue coordinated efforts in the areas of DARE programs, emergency management systems, community safety, and public service events. The Pueblo Police Department and the Pueblo County Sheriff s Office have also recently partnered with the Colorado Department of Public Safety, Division of Criminal Justice, Anti-Gang and Gun Violence Reduction Initiatives to combat gang activities and gun violations. These projects are designed to help law enforcement provide a safe community with reduced crime, promote economic development, and bring additional jobs to Pueblo. Grant funds will be used to purchase equipment that will assist law enforcement to expand its capacity to collect critical data, share information among agencies, and effectively investigate crimes. To better execute these projects, the city and county will purchase equipment to include: in -car video cameras with critical event servers; a logo digital x -ray system; EOD-9 full coverage bomb suits; laptop computers; a records management system; mobile license plate readers; audio equipment to record narcotics interviews; digital voice recorders; trackers for narcotics enforcement; gang enforcement equipment; scanners to increase security for staff computers; an automatic external defibrillator, 16 AR -I5 carbine rifles; handheld mobile trace units; and security management equipment for the Pueblo County Sheriffs Office detention facility. NCA/NCF MEMORANDUM M CAF UNDERSTANDING CONCERNING RECEIPT AND DISBURSEMENT OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ()AG) FUNDS FOR FY 2009 THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 13th day of April, 2009, by and between the City of Pueblo, a Municipal Corporation (hereafter referred to as the "City ") and Puebla County, Colorado (hereafter referred to as the "County "). 0 , `Ul WHEREAS, the parties recognize that for FY 2009 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 $484,538.00 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: I. The $4$4,538.00 JAG Grant Funds will be allocated as follows: The City will receive $368,249.00 and will use these resources to fund nine (9) different projects /programs that are outlined in the Program Narrative attachment of the application. The County will receive $116,289.00 of which the Pueblo County Sheriffs Department will receive $93,031.00 to fund four (4) different projects /programs that are outlined in the Program Narrative attachment of the application. The Pueblo County District Attorney will receive $23,258.00 of the County's allocation to fund four (4) 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 2009 JAG Grant Funds Award which are incorporated as 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 2008 Page — 2 IN WITNESS WHEREOF, the parties have entered into this Memorandum of Understanding the day and year first written above. PUEBLO COUNTY, COLORADO B Chairman, Board of County Commissioners ATTEST: B y C ity erk ATTEST. CITY OF PUEBLO, A Municipal Corporation B y President of the City Council PUEBLO COUNTY SHERIFF � AW. BY B tL't� IJCW Dirk Taylor, Sheriff ATT T: CITY OF PUEBLO POLICE DEPARTMENT B e 3 i am de esN a . y Billings, Jr., C f of lice ATTEST: 10TH) DICIAL DISTRICT ATTORNEY e By By Bill Thiebaut, District Attorney