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HomeMy WebLinkAboutResolution - 2019-R0056 - Criminal Justice Program Grant - 02/25/2019Resolution No. 2019-R0056 Item No. 7.24 February 25, 2019 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: WHEREAS, the City Council of the City of Lubbock finds it in the best interest of its citizens to apply for the Office of the Governor's Criminal Justice Program Grant No. 3783901 for FY2020, in the amount of $22,500.00, on behalf of the Lubbock Police Department; WHEREAS, the Lubbock Police Department desires the grant funding for (1) Opticom emitters for its motorcycles, (2) mounted patrol training, and (3) a side imager for the Lake Alan Henry patrol boat; WHEREAS, the term of the grant will be from October 1, 2019 to September 30, 2020; WHEREAS, the grant does not require matching funds; WHEREAS, the City agrees that in the event of loss or misuse of the Office of the Governor's Criminal Justice Program Grant funds, the City assures that the funds will be returned to the Office of the Governor in full; WHEREAS, the City designates Daniel M. Pope, Mayor, as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the grant on behalf of the applicant agency; and WHEREAS, said grant application is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. NOW THEREFORE, BE IT RESOLVED: THAT the City Manager of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an application and related documents for the Office of the Governor's Criminal Justice Program Grant No. 3783901 for FY2020, in the amount of $22,500.00 on behalf of the Lubbock Police Department, and related documents. Said application is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 25th ATTEST: Rebel ca Garza, City Secre ry day of February 2019. DANIEL M. POPE, MAYOR APPROVED AS TO CONTENT: CZC, W. Jarr6tt Atkinson, City Manager Gregor . S e s, Cfiief of Police APPROVED AS TO FORM: J a el Deputy City Attorney S:Acityatt\CITYATT\JOHN\LPD - Con tracts\PES.000CJPGrant.2020.docx 'TE 0 Office of the Governor Public Safety Office —CEO/Law Enforcement Certifications and Assurances Form Entity Name: City of Lubbock Date: 02/14/2019 Agency/Department Name: Lubbock Police Department Name and Title of Chief Executive Officer: Daniel Pope, Mayor Name and Title of Head of Law Enforcement Agency: Gregory W. Stevens, Chief of Police Certification Required by CEO and Head of Law Enforcement Agency In our respective capacities as chief executive officer of City of Lubbock ("Grantee") and as head of Lubbock Police Department ("Agency"), we hereby each certify that Grantee and Agency participate fully, and will continue to participate fully from the date of this certification until the later of August 31, 2021 or the end of the grant project period, in all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security ("DHS") to: (1) notify DHS of all information requested by DHS related to illegal aliens in Agency's custody; and (2) detain such illegal aliens in accordance with requests by DHS. We further certify that Grantee and Agency do not have, and will continue not to have until the later of August 31, 2021 or the end of the grant project period, any policy, procedure, or agreement (written or unwritten) that in any way limits or impedes Agency's receipt or DHS's issuance of detainer requests, or in any way limits or restricts Grantee's and Agency's full participation in all aspects of the programs and procedures utilized by DHS to: (1) notify DHS of all information requested by DHS related to illegal aliens in Agency's custody; and (2) detain such illegal aliens in accordance with requests by DHS. Additionally, we certify that neither Grantee nor Agency have in effect, purport to have in effect, or are subject to or bound by any law, rule, policy, or practice (written or unwritten) that would: (1) require or authorize the public disclosure of federal law enforcement information in order to conceal, harbor, or shield from detection fugitives from justice or aliens illegally in the United States; or (2) impede federal officers from exercising authority under 8 U.S.C. § 1226(a), § 1226(c), § 1231(a), § 1357(a), § 1366(1), or § 1366(3). Lastly, we certify that Grantee and Agency will comply with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Govermnent Code. We acknowledge that failure to comply with this certification may result in OOG, in its sole discretion, terminating any grant made by OOG to Grantee, and that Grantee must return all funds received from OOG for any grant terminated under this certification. We further acknowledge that Grantee will remain ineligible for OOG funding until it provides satisfactory evidence that jurisdiction has complied with this certification for at least one year. f Chief Executive fficer for Grantee He e dcy Funding Announcement: Criminal Justice Program, FY2020 "¢ Office of the Governor, Public Safety Office Criminal Justice Division Funding Announcement: Criminal Justice Program, FY2020 Purpose The purpose of this announcement is to solicit applications for projects that promote public safety, reduce crime, and improve the criminal justice system. Available Funding Federal Funds are authorized under 34 U.S.C. 10152 Edward Byrne Memorial Justice Assistance Grant Program (JAG). JAG funds are made available through a Congressional appropriation to the U.S. Department of Justice, Bureau of Justice Assistance. All awards are subject to the availability of appropriated federal funds and any modifications or additional requirements that may be imposed by law. Eligible Organizations Applications may be submitted by state agencies, public and private institutions of higher education, independent school districts, Native American tribes, councils of governments, non-profit corporations (including hospitals and faith -based organizations), and units of local government, which are defined as a non -statewide governmental body with the authority to establish a budget and impose taxes. All applications submitted by local law enforcement agencies/offices must be submitted by a unit of government affiliated with the agency, including an authorizing resolution from that unit of government. For example, police departments must apply under their municipal government, and community supervision and corrections departments, district attorneys, and judicial districts must apply through their affiliated county government (or one of the counties, in the case of agencies that serve more than one county). Application Process Applicants must access the PSO's eGrants grant management website at https://eGrants.gov.texas.gov to register and apply for funding. For more instructions and information, see Developing a Good Project Narrative Guide, available here. Key Dates Action Funding Announcement Release Date 12/21/2018 Online System Opening Date 12/21/2018 Final Date to Submit and Certify an Application 02/28/2019 at 5:00pm CST Earliest Project Start Date 10/01/2019 Funding Announcement: Criminal Justice Program, FY2020 Project Period Projects must begin on or after 10/01/2019 and may not exceed a 12 month project period. Funding Levels Minimum: $10,000 Maximum: None Match Requirement: None Standards Grantees must comply with standards applicable to this fund source cited in the State Uniform Grant Management Standards (UGMS), Federal Uniform Grant Guidance, and all statutes, requirements, and guidelines applicable to this funding. Eligible Activities and Costs Funding may be used to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice purposes, including for any one or more of the following: 1. Law enforcement; 2. Prosecution; 3. Crime Prevention; 4. Corrections and community corrections; 5. Reentry; 6. Behavioral Health; and 7. Assessment and Evaluation; Note: "Criminal Justice Purposes" is defined as activities pertaining to crime prevention, control, or reduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial service or release agencies), activities of corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile delinquency. Program Specific Requirements AMENDED - Certification of Compliance with 8 U.S.C. 1373 and 1644. Applicants must comply with 8 U.S.C. § 1373 & 1644. Applicants may be required to submit written assurances and/or certifications to this effect prior to award issuance. CJD will notify applicants if this becomes a requirement and provide the federally required form(s) and/or template(s). 2 Funding Announcement: Criminal Justice Program, FY2020 Eligibility Requirements Entities receiving funds from CJD must be located in a county that has an average of 90% or above on both adult and juvenile dispositions entered into the computerized criminal history database maintained by the Texas Department of Public Safety (DPS) as directed in the Texas Code of Criminal Procedure, Chapter 60. The disposition completeness percentage is defined as the percentage of arrest charges a county reports to DPS for which a disposition has been subsequently reported and entered into the computerized criminal history system. Eligible applicants operating a law enforcement agency must be current on reporting Part I violent crime data to the Texas Department of Public Safety (DPS) for inclusion in the annual Uniform Crime Report (UCR). To be considered eligible for funding, applicants must have submitted a full twelve months of accurate data to DPS for the most recent calendar year. The Texas Department of Public Safety (DPS) has established a goal set by the Texas Legislature for all local law enforcement agencies to implement and report crime statistics data by using the requirements of the National Incident -Based Reporting System (NIBRS) no later than September 1, 2019. Additionally, the Federal Bureau of Investigations (FBI) will collect required crime statistics solely through the NIBRS starting January 1, 2021. Due to these upcoming state and federal deadlines, grantees are advised that eligibility for future grant funding may be tied to compliance with NIBRS. Financial grant assistance for transitioning to NIBRS may be available for your jurisdiction from the Criminal Justice Division (CJD). 4. Local units of government, including cities, counties and other general purpose political subdivisions, as appropriate, and institutions of higher education that operate a law enforcement agency, must comply with all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security ("DHS") to: (1) notify DHS of all information requested by DHS related to illegal aliens in Agency's custody; and (2) detain such illegal aliens in accordance with requests by DHS. Additionally, counties and municipalities may NOT have in effect, purport to have in effect, or make themselves subject to or bound by, any law, rule, policy, or practice (written or unwritten) that would: (1) require or authorize the public disclosure of federal law enforcement information in order to conceal, harbor, or shield from detection fugitives from justice or aliens illegally in the United States; or (2) impede federal officers from exercising authority under 8 U.S.C. § 1226(a), § 1226(c), § 1231(a), § 1357(a), § 1366(1), or § 1366(3). Lastly, eligible applicants must comply with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government Code. Each local unit of government, and institution of higher education that operates a law enforcement agency, must download, complete and then upload into eGrants the CEO Law Enforcement Certifications and Assurances Form certifying compliance with federal and state immigration enforcement requirements. This Form is required for each application submitted to COG and is active until August 31, 2021 or the end of the grant period, whichever is later. 5. Eligible applicants must have a DUNS (Data Universal Numbering System) number assigned to its agency (to request a DUNS number, go to https://fedgov.dnb.com/webform). 6. Eligible applicants must be registered in the federal System for Award Management (SAM) database located at https://sam.gov/. Funding Announcement: Criminal Justice Program, FY2020 Failure to comply with program eligibility requirements may cause funds to be withheld and/or suspension or termination of grant funds. Prohibitions Grant funds may not be used to support the unallowable costs listed in the Guide to Grants or any of the following unallowable costs: 1. Construction, renovation, or remodeling; 2. Medical services; 3. Security enhancements or equipment for non -governmental entities not engaged in criminal justice or public safety; 4. Non -law enforcement vehicles or equipment for government agencies that are for general agency use; 5. Equipment, supplies, and other direct costs associated with processing DNA evidence; 6. Costs associated with implementing the National Incident -Based Reporting System (NIBRS) (agencies seeking funds for NIBRS projects should apply for funding under the NIBRS funding announcement); 7. Automated license plate readers, cell -site simulators, drones, or other surveillance equipment that may infringe upon the civil liberties of Texans; 8. Activities or costs in support of Operation Border Star (agencies seeking such funding should apply under Homeland Security and Grants Division funding announcements) 9. Law enforcement equipment that is standard department issue; 10. Transportation, lodging, per diem or any related costs for participants, when grant funds are used to develop and conduct training for outside participants; 11. Items listed on the Byrne JAG Prohibited Expenditure Category A and B List; 12. Rifle -resistant body armor (NIJ Compliant Type IIIA and below is eligible); and 13. Any other prohibition imposed by federal, state or local law or regulation. Selection Process Application Screening: CJD will screen all applications to ensure that they meet the requirements included in the funding announcement. Applications that meet those requirements will move forward to the merit review phase. Peer/Merit Review: — Local Projects: Projects with a local impact will be reviewed by a panel appointed by the local Council of Governments using their own criteria. The merit review panels will assess the applications for quality and rank by priority, and then report their findings to the CJD executive director. Applicants must contact their applicable regional Council of Governments (COG). Each of Texas' 24 COGs holds its own application planning workshops, workgroups, and/or subcommittees and facilitates application prioritization for certain programs within its region. Failure to comply with regional requirements imposed by the COG may render an application ineligible. 4 Funding Announcement: Criminal Justice Program, FY2020 Merit Review — Statewide Projects: Projects with a statewide impact will be reviewed by a panel appointed by the CJD executive director in an effort to prioritize funding. The merit review panel will assess and score each application on a 100-point scale, and then report its findings to the executive director. Scores will be based on standard criteria. Final Decisions —All Projects: The CJD executive director will consider rankings along with other factors and make all final funding decisions. Other factors may include cost effectiveness, overall funds availability, CJD or state government priorities and strategies, legislative directives, need, geographic distribution, balance of focuses and approaches, or other relevant factors. CJD may not fund all applications or may only award part of the amount requested. In the event that funding requests exceed available funds, CJD may revise projects to address a more limited focus. Contact Information For more information, contact the eGrants help desk at eGrants@gov.texas.gov_or (512) 463-1919. 5