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HomeMy WebLinkAboutResolution - 2011-R0424 - Agreement - DOJ - EBM JAG, Lubbock County Joint Enforcement Initiative - 09_27_2011Resolution No. 2011-RO424 September 27, 2011 Item No. 5.2.8 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement by and between the City of Lubbock and the United States Department of Justice for the Edward Byrne Memorial Justice Assistance Grant (JAG) to fund the Lubbock County Joint Enforcement Initiative Program, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this ATTEST: P A" Rebeca Garza, City Secretary APPROOVED AS TO COI TENT: Roger fillis, Chief of Police APPROVED AS TO FORM: 27th day of September . 2011. r /w,a' TOM MARTIN, MAYOR Amy A t Jty Attorney gs/ccdocsllnterlocal Agree -JAG Program. res8. 29.11 Resolution No. 2011—RO424 Department of Justice Office of Justice Programs % Bureau or Justice Assistance Grant PAGE I OF 6 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. A WARD NUMBER: 201 1-DJ-BX-2647 City of Lubbock 1625 13th Sbva 5. PROJECT PERIOD: FROM 10/0112010 TO 09/30/2014 Lubbock TX 79401-2726 BUDGET PERIOD: FROM 10/01/2010 TO OW30/2014 6. AWARD DATE 08/18/2011 R. SUPPLEMENT NUMBER 7. ACTION Initial ]A. GRANTEE IRSIVENDOR NO_ 756000593 00 9. PREVIOUS AWARD AMOUNT $0 3. PROJECTTITLE 10. AMOUNT OF THIS AWARD S 198,845 FY201 I JAG Lubbock County Joint Enforucment Initiative rl L TOTAL AWARD $199,945 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. STAIVTORY AUTHORITY FOR GRANT This project is supported under FYI 1(BJA - JAG) 42 USC 3750, ct seq. 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL. 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise O'Donnell Two Martin DirecUx Mayor 17. SIGNATURE OF APPROVING OFFICIAL, 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE Sept. 27 2011 AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. KDJUGT0701 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. TOMS AMOUNT X B DI 80 00 00 198945 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. ATTEST: DIP FORM 4000J2 (REV. 4-88) Rebecca Garza, City Secre a y Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 6 Grant PROJECTNUMBER 2011-DJ-BX-2647 AWARD DATE 08/1812011 SPECIAL CONDI77ONS I. 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 (ifrecipient 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, ifoutstanding audit issues (ifany) firm 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.hottinc@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. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contractor subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. OR FORM 4000i2 (AEV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2011-DJ-Bx-2647 AWARD CONTINUATION SHEET PACE 1 OF 6 Grant AWARD DATE 0611K2011 SPECIAL CONDITIONS 8. Pursuant to Executive Order 13513, "Federal Leadership on Reducing "next Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 9. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first -tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at hitp://www,ojp.gov/funding/ecr.htm (Award condition: Central Contractor Registration and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 10. The recipient agrees to comply with applicable requirements to report first -tier subawards of $25,000 or more and, in certain circumstances„ to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://www.ojp.gov/fundinglfTata.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own operate in his or her name). I I . 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 the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant fiords 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 Federal Financial Report (SF-425). 12. To avoid duplicating existing networks or IT systems in any initiatives funded by B)A for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, 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 ofan existing or proposed IT system. 13. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (N1EM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas 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 http://www.niem.gov/implementationguide.php. OJP FORM 4000l2 (REV. 4-101) Department ot'Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET Crant PROJECT NUMBER 2011-DJ-BX-2647 AWARD DATE Ott'18nol I SPECIAL CONW7/ONS PAGE 4 ()F 6 14. 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 subgraolee. 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. "fhe activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling ofa property located in an environmentally or historically sensitive area, including properties located within a l t10-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 ofa building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation ofa new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component ofa funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and c. 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 http://www.ojp.usdoj.gov/BJA/resourcr-/nepa.htm], 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. 15. 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 tined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 16, 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=policyAndPracticc&page-1046. OJP FORM 400012 (REV.4-88) Department ofJustice Office oflustieePrograms J AWARD CONTINUATION Bureau of Justice Assistance I SHEET PAGE: s OF 6 Grant PROJECTNUMBER 2011-DJ-BA-2647 AWARD DAYS 09/1812011 SPEC/AL CONDITIONS 17. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department oflustice 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 stilt engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice horded 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 ofthis 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. 18. 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. 19. Grantee agrees to comply with the requirements of 28 C.FR_ 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. 20. 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. Part 22 and, in particular, section 22.23. 21. 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. 22. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (https:/lgrants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through 13JA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 23. The recipient agrees to monitor subawards under this JAG 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 JAG funds by subm6pients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 24. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. OJP FORM 4000/2 (RM 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance f SHEET Grant PROJECT NUMBER 201 I-DJ-SX-2647 AWARD DATE 0811&2011 PAGE: 6 OF 6 SPECL4L CONDIT70NS 25, The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these Funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (intcrnet-based) task force training. The training is provided free of charge online through BJA's Center for `task Force Integrity and Leadership (www.etfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses 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 is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 26. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the signed Memorandum of Understanding (MOU) between the disparate jurisdictions and has issued a Grant Adjustment Notice (GAN) releasing this special condition. OJP FORM 4000/2 (REV. 4-U)