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