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HomeMy WebLinkAbout08069ORDINANCE NO. 8069 AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF JUSTICE 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE (2009 JAG) GRANT, AWARD NO. 2009 - DJ -BX -0310, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PD0908, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $112,011.00, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, AND THE CITY MANAGER TO EXECUTE RELATED CERTIFICATIONS, ASSURANCES AND OTHER DOCUMENTS WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to accept grants from the federal government for public and municipal purposes and to enter into agreements relating thereto, and WHEREAS, the United States Department of Justice ( "DOJ ") has tendered a Justice Assistance Grant Award No. 2009 -DJ -BX -0310 (the "Award ") in the amount of $112,011.00 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: SFrTinN 1 The Awarding of Grant No. 2009 -DJ -BX -0310 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 PD0908 (2009 JAG) is hereby established, and the amount of $112,011.00 is budgeted and appropriated therefore. SECTION 4. The Grant Award Funds shall be deposited in an 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 September 30, 2012, 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: September 14, 2009 BY: Michael Occhiato COUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council PASSED AND APPROVED: September 28, 2009 L rL Io,� Background Paper for Proposed ORDINANCE AGENDA ITEM # R -2 DATE: SEPTEMBER 14, 2009 DEPARTMENT: POLICE DEPARTMENT CHIEF JAMES W. BILLINGS, JR. TITLE AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF JUSTICE 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE (2009 JAG) GRANT, AWARD NO. 2009 -DJ -BX -0310, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PD0908, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $112,011.00, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, AND THE CITY MANAGER TO EXECUTE RELATED CERTIFICATIONS, ASSURANCES AND OTHER DOCUMENTS ISSUE Should the City Council accept the 2009 Edward Byrne Memorial Justice Assistance Grant (2009 JAG) on behalf of the Police Department in an amount not to exceed $112,011.00? Staff recommends approval of this grant. BACKGROUND This grant will allow the Police Department to use these funds to improve law enforcement. The program is designed to help local communities address problems specific to their area. FINANCIAL IMPACT This grant funding represents $112,011.00 to the City and County of Pueblo with no required match. The City's share of the $112,011.00 is $85,128.00. The City's share will be used to fund two (2) full -time emergency services dispatcher positions for a one -year period. The cost of salaries and benefits will be $101,942.00. The City will be responsible for the $16,814.00 difference between the City's share of the award and the cost for the positions. Department of Justice S 1 Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Wmhingtort, D.C. 20531 August 27, 2009 Councilwoman Vera Ortegon City of Pueblo PO Box 1427 Pueblo, CO 81002 Dear Councilwoman 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 Edward Byme Memorial Justice Assistance Grant Program: Local Solicitation in the amount of $112,011 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 It Acting Director Enclosures L a August 27, 2009 Councilwoman Vera Ortegon City of Pueblo PO Box 1427 Pueblo, CO 81002 Dear Councilwoman Ortegon: Department of Justice Office of Justice Programs Office for Civil Rights W.hwgr. , D.C. 20531 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 (OV W), 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 we 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 we OCR's website at http: /Aw .ojp.usdoj.gov /mr /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. 8.13, 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 mom 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.mdoj.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 FEOP 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 /oer/eeop.htrn. 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.htm. 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 Subrecipients 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 sul recipients. 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.wdoj.gov /ocr /. Sincerely, a. A&0 --- Michael L. Alston Director cc: Grant Manager Financial Analyst Department of Justice Office of justice Programs PAGE I of s Bureau of Justice Assistance Grant I. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2009 -DJ -BX -0310 City of Pueblo PO Box 1427 5. PROJECT PERIOD: FROM 10/0112008 TO 09130/2012 Pueblo, CO 81002 BUDGET PERIOD: FROM 10/0112008 TO 09/30/2012 6.AWARDDATE 08272009 8. SUPPLEMENT NUMBER 7. ACTION Initial IA. GRANTEE IRSNENDOR NO. 846006151 00 i 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD 5112,011 Law Enforcement Resource Enhancement Pmject —._, I1. TOTAL AWARD $ 112,011 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(SL 13. STATUTORY AUTHORITY FOR GRANT This project is supported under 42 U.S.0 3751(a) GUA - JAG Formula) 15. METHOD OF PAYMENT PAPRS AGENCYAPPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL, James H. Burch 11 V. Oregon President of City Council Acting Director 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE u¢ i— 9/14/09 AGENCY USE ONLY 20, ACCOUNTING CLASSIFICATION CODES 217IDIUGT3915 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFO REG. SUB. POMS AMOUNT X B DJ 80 00 00 112011 OJP FORM 40002 (REV. 547) PREVIOUS EDITIONS ARE OBSOLETE. Off FORM 40002 (REV. 4.88) Department of Justice Office of Justice Programs AWARD CONTINUATION i. Bureau of Justice Assistance SHEET PAGE 2 OF 5 Grant i PROJECT NUMBER 2009 -DJ -BX -0310 AWARD DATE 08/2720119 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 OR 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 OUP. 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 DOI DIG website at www.usdoj.gov /oig. OJP FORM 40002 (REV. 4-88) �(/ Department of Justice Office of Justice Programs AWARD CONTINUATION a P Bureau of Justice Assistance SHEET PACE a OF s Grant PROJECTMMBER 2009-1 -Bx -0310 AWARDDATE 08272009 SPECIAL CONDITIONS 6. 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 I00 -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 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, a; directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http: / /www.ojp.usdoj.gov/BJA /resource /nepa.httnl, 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. 7. 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. S. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemes generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit htt p:// www. niem .govlimplementationguide.php. 9. The recipient is required to establish a must fond 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 the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust land (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). OJP FORM 400012 (REV. 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION i Bureau of Justice Assistance SHEET PACE 4 OF 5 Grant i PROJECT NUMBER 2009 -D / -BX -0310 AWARD DATE 08/272009 SPECIAL CONDITIONS 10. 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. 11. The recipient agrees that any information technology system funded or supported by OR funds will comply with 28 C.F.R. Pan 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OUP determine 28 C.F.R. Part 23 to he 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. 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,wpx ?ue =policyAndPmctice &page =1045. 13. 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 giants 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. 14. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. 15. Grantee agrees to comply with the requirements of 28 CY R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 16. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Pan 22 and, in particular, section 22.23. 17. 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. OJP FORM 40002 (REV. 4 -88) Department of Justice ' Office of Justice programs AWARD CONTINUATION r P Bureau of Justice Assistance SHEET PAGE s DP s i` Grant PROTECT NUMBER 2009 -DJ -BX -0310 AWARD DATE 08272009 SPECIAL CONDITIONS 18, The grantee agrees that within 120 days of award for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (intemet- based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. This training will address task force effectiveness as well as other key issues including privacy and civil liberties /rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). OJP FORM 40002 (REV. 4-88) r(/ Department of Justice t f Office of Justice Programs Bureau of Justice Assistance Washington. D.C. 70531 Memorandum To: Official Grant File From: M. A. Berry, Environmental Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Pueblo The 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 parry. 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 [website]. 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 Office oflustice Proma. GRANT MANAGER'S MEMORANDUM, PT. 1• PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER PAGE I OF I 2009 -DJ -BX -0310 Ibis project is supported under 42 U.S.C. 375 Ra) (BJA - JAG Formula) 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Loretta Behm Michael Bennea (202) 6165878 Deputy Chief 1 City Hall Place Pueblo, CO 810034201 (719) 553 -2464 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation 4. TITLE OF PROJECT Law Enforcement Resource Enhancement Format S. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of Pueblo PO Box 1427 Pueblo, CO 81002 7. PROGRAM PERIOD 8 BUDGET PERIOD FROM: 10/01/2008 TO 09/302012 FROM: 10101/2008 TO: 09/302012 9. AMOUNT OF AWARD 10. DATE OF AWARD S 112,011 08/272009 11. SECOND YEAR'S BUDGET I 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD IC THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Forgotten (JAG) allows stares and units of local governments, including nines, to support a broad range of activities m prevent and central crime basal on their own state and local needs and conditions. Great funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, ca m ctual support, and information systems for criminal justice, including for airy one or more of the following purpose arms: 1) law enforcement pmgmms; 2) prosecution and court pregre rs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement progrerns; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness pmgtems (other than compensation). The disparate jurisdictions consisting of Pueblo County and the city of Pueblo will use their local JAG award to hire personnel and purchase equipment. The city of Pueblo, as the fiscal agent, will use their share of the grant ($85,128) for the police department to him two FTE Emergency Services Dispatcher positions for a om- OJP FORM 400012 (REV. 4 -88) year period. The city of Pueblo will convibute $16,762 to this goal. Puebla County will use their share of the great ($26,883) of the JAG award for the sheriffs office to fulfill three critical needs equipment projects and the Pueblo County District Attorney's Office to address one critical needs equipment project. The per emaral requested in this application will help provide for the safe, efficient and timely handling ofemergency calls for service. The equipment outlined in this application will assist law enforcement m expand its capacity to collect critical dote, share information between agencies, and effectively investigate crimes. NCAMCF CERTIFICATION FORM Recipient Name and Address: City of Pueblo, 1 City Hall Place, Pueblo, CO 81003 Grant Title: 2009 Edward Byrne Memorial JAG Grant Number: 2009 -DJ -BX -0310 Award Amount: $112,011.00 Contact Person Name and Title: Neldon Demke, HR Director Phone Number: (119) 553 -2630 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301 -.308. The regulations exempt some recipients from all of the ESOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7 ib Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- Section A- Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the boxer that apply. ❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe, ❑ Recipient is a non - profit organization, ❑ Recipient is an educational institution, or ❑ Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000 I, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): 1, Neldon Demke [responsible official], certify that the City of Pueblo lrecipientl,which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR §42.301, of seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the Office of: City of Pueblo Human Resources Department l organizationl, at 1 City Hall Place, Pueblo, CO 81003 laddressl,for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations. Neldon Demke, Director of Human Resources Print or type Name and Title x4 >l 9/14(09 Signature Date OMB Approval No. 1121 -0140 Expiration Date: 01 131/06