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HomeMy WebLinkAboutResolution - 2009-R0410 - Agreement - US DOJ - EBM JAG, Lubbock Count Joint Enforcement Initiative Program - 09/24/2009esolution No. 2009-RO410 ctober 8, 2009 tem No. 5.1.2 RESOLUTION E 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 rected to execute for and on behalf of the City of Lubbock, an Agreement by and -tween the City of Lubbock and the United States Department of Justice for the Edward yrne Memorial Justice Assistance Grant (JAG) to fund the Lubbock County Joint lforcement Initiative Program, and all related documents. Said Agreement is attached ;reto and incorporated in this resolution as if fully set forth herein and shall be included the minutes of the City Council. Passed by the City Council this 8th day of October . 2009 TOM MARTIN, MAYOR ATTEST: Rebecca Gar. , City Se i 11 APPROVED AS TO CONTENT: Dale Holton, Chief of Police APPROVED AS TO FORM: z� �5�7-!f -_� - y L. Ts, As i y ttorney gs/ccdocs/Interlocal Agree -JAG Program.res 9.22.09 Police Department DATE September 15, 2009 TO Gregory Stevens, Administration Captain FROM Dale Holton, Chief of Police '71) '-�' COPIES Grant files SUBJECT Grant Adjustment Notification (GAN) regarding Justice Assistance Grant (JAG) Award 2009-DJ-BX-1341 Block 18 of the acceptance documents for our Fiscal Year 2009 JAG Local Solicitation award indicates me as the authorized grantee official. The Mayor of the City of Lubbock should be the authorized grantee official, as has been the case for all previous JAG grants. Please create a GAN on the appropriate grant website to request this change so that the current Mayor can sign to accept this grant. Information necessary for the change is as follows: Mayor Tom Martin 1625 13a' Street Lubbock, TX 79401 (806) 775-2010 tmartin(a mail.ci.lubbock.tx.us Resolution No. 2009-RO410 Department Of Justice Office of Justice Programs PAGE I of s i �.�/ Bureau of Justice Assistance Grant I 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. A WARD NUMBER: 2009-01-BX-1341 City of Lubbock 1625 13th Street 5. PROJECT PERIOD: FROM 10/0112DOR TO 09/30/2012 Lubbock TX 79M1.2726 AUDGETPERIOD: FROM 10/01/2008 TO 09130/2012 6. AWARD DATE 09/14I2009 7, ACTION 8. SUPPLEMENT NUMBER Initial IA. GRANTEE IRS/VENDOR NO. 756t300593 00 9, PRE.VIOUS AWARD A -MOUNT S 0 3. PROJECT TITLE 10. AMOUNT OF PHIS AWARD S 263,163 FY 2009 Justice Assistance Grant Program 11. TOTAL AWARD S 263,163 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S)_ 13. STATUTORY AUTHORITY FOR GRANT This project is supported under 42 U.S.C. 3751(a) (BJA - JAG Formula) 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE. 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL James H. Burch 11 1 Dale Halton Chief or Police Acting Director 17. SIGNATURE OF APPROVING OFFICIAL i 19. SIGNATURE OF AUTHORIZED RECIPIENT OFF1C[At- 19A. DATE ji►w.- I10/8/09 AGENCY USE ONLY 20. ACCOUNTING CLASSIFICA'110N CODES 21_ IDJUGT5I24 FISCAL FUND BUD, DIV. YEAR CODE ACT, OFC. REG. SUB, POMS AMOUNT X B DJ 80 00 0D 263163 DIP FORM QW2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 400012 (REV. 4-88) Department of Justice Office of Justice Programs i Bureau of Justice Assistance PROJECT NUMBER 2009-DJ-BX-1341 AWARD CONTINUATION SHEET Grant AWARD DATE 09/14l2009 SPECIAL CONDITIONS PAGE 2 OF 5 1. The recipient agrees to comply with the Financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal fiords, 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 01G 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.hotlineCusdoj.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. OJP FORM 4000/2 (REV. 488) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2009-DJ-BX-1341 AWARD CONTINUATION SHEET Grant AWARD DATE 09/l4/2009 SPECIAL CONDITIONS PAGE. 3 OF 5 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 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 anew program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational. or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http:/Iwww.ojp.usdoj.gov/BJAJresource/nepabtmt, 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. 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. 8. 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 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:t/www.niem.goviimplemcntafionguide.php. 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 funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must he 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 4000I2 {REV. 448) _ - - - - _ t - - - --. - . -- Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECTNUMBER 2009-DJ-BX-1341 AWARD CONTINUATION SHEET Grant AWARD DATE 09/1412009 SPECIAL CONI)ITIONS PAGE 4 OF S 10. The grantee agrees to comply with all repotting, data collection and evaluation requirements, as prescribed bylaw 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 OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if ON determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R- Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a Fine with federal funds. 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 fiords. 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 httpJ/www.iLojp.gov/default.aspx7area—�olicyAndPractice&pagc=1046. 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 fimding may not be used to fiend any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherentyy 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:/Avww.ojp.gov/about/ocr/equai_fbo.hbn. 14. The recipient aclmowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in 13JA program guidance. 15. Grantee agrees to comply with the requirements of 28 C.F.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 G.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. 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 Fedeml funds, be made available for law enforcement activities. OJP FORM 4000/2 (REV. 4-s8) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJEQF NUMBER 2009-DJ-BX-1341 AWARD CONTINUATION SHEET Grant AWARD DATE 09/14/2009 SPECIAL CONDITIONS I PAGE 5 OF 5 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 (internet-based) task force training to he 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). 19. Recipient may not obligate, 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. 20. Recipient may not obligate, expend, or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. 21. The recipient agrees expeditiously to obtain active registration with the Central Contractor Registration (CCR) database, and to notify the program office in writing of its registration. Following satisfaction of this requirement, a Grant Adjustment Notice will be issued to remove this special condition. OJP FORM 4006R (REV, 4-88) Department of Justice i Office of Justice Programs t Bureau of Juslice Assistance Wwhingwn. D.C. 20531 Memorandum To: Official Grant File From: Maria A. Berry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Lubbock 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 party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a properly listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.htmi. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Deparunent of Justice GRANT MANAGER'S MEMORANDUM, PT. [: Office of Justice Programs PROJECT SUMMARY i Bureau of Justice Assistance Grant PROJECT NUMBER 2009-DJ-BX-1341 — PAGE t OF I This project is supported under 42 U.S.C. 3751(a) (BJA - JAG Formula) 1. STAFF CONTACT (Name & telephone number) Wendy Williams (202) 514-7842 2, PROJECT DIRECTOR (Name, address & telephone number) Gregory Stevens capes 916 Texas Avenue Lubbock, TX 79401-2726 (806) 775-2692 3a. TITLE OF THE PROGRAM BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program- Local Solicitation 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TrYLE OF PROJECT FY 2009 Justice Assistance Grant Program 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of Lubbock 1625 13th Street Lubbock. TX 79401-2726 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2008 TO: 0W30/2012 FROM: 10/01/2008 TO: 09l30!2012 9. AMOUNT OF AWARD 10. DATE OF AWARD $263,163 09/14/20D9 11, SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13, THIRD YEAR'S BUDGET PERIOD 14, THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See 6istruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local govensmeots, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions, Grant funds can be used for state and local initiatives, technical assistanoe: training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs, 5) drug treatment and enforcement programs; 6) Planning, evaluation, and technology improvement programs; and 7) crime, victim and witness programs (other than compensation). OJP FORM 4000/2 (REV. 4-88) The disparate jurisdictions consisting of Lubbock County and the city of Lubbock will use their JAG award in the amount of S263,163 to update patrol car video systems, enhance computer technology and purchase a new police car. The city of Lubbock, acting as the fiscal agent, will use S131,591.50 to upgrade vidaa recording systems in the Lubbock Pobce Department's Patrol Division vehicle tlect to digital video media from outdated analog technology. This project includes the acquisition of new and the enhancement of existing mobile computer terminals in the police department's vehicle fleet in order to achieve interoperability with the new DVR systems, This enhancement will allow the department to more efficiently and effectivety gather video and audio evidence duatng enforcement situations and to record citizen contacts in accordance with state racial profiling prevention laws. Lubbock County will use $131.581.50 to purchase a new patrol vehicle for the District Attorney Investigators Unit- This sew vehicle will be purchased as a rephwcmmt for existing vehicles to avoid the safety issues and maintenance costs associated with the high mileage of the vebicks cun=tly in use. Funds will also be used to upgrade existing data infiastructm , including computer and technology purchases to upgrade existing networks and computers. NCA/NCF