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HomeMy WebLinkAboutResolution - 2014-R0338 - Agreement - USDOJ - Edward Byrne Memorial JAG FY2014-15 - 09/25/2014RESOLUTION BE IT RESOLVED BY TME CITY COUNCIL DI� THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute on behalf of the City of' Lubbock a FY 14-15 Edward Byrne Memorial Justice Assistance Grant (JAG) Award Agreement and any associated documents with the United States Department of Justice, which Agreement and any associated documents are attached hereto and made a part hereof for all intents and purposes. Passed by the City Council on September 25, 2014 ATTEST: Q --Q O'ce-e-C (- Rebe ea Garza, City Sccrcta r7— — — APP VED AS TO CONTENT: Rog,r Alis, Assistant Police Chief APPROVED AS TO FORM: J Tart ell, Assistant City Attorney RES.1.PD-JAG grant August 2G, 20W Department of Judice � ()#'rice of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington, D.C. 20531 August 25, 2014 The Honorable Glenn Robertson City of Lubbock 1625 13th St. Lubbock, TX 79401-2.726 Dear Mayor Robertson: On behalf of Attorney General Eric Holder, it is my pleasure to infomi you that the Office of Justice Programs has approved your application far funding under the FY 14 Edward 'Byrne Memorial Justice Assistance Grant (JAG) Program: Local in the amount of $170,985 for City of Lubbock. 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, Gale Farquhar, Program Manager at (202) 514-8528; and - Financial {questions, the Office ol`the Chic Financial Officer, Customer Service Center (CSC) at ($00) 458-0786, or you may contact the CSC at ask.ccfo{wusdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Denise O'Donnell Director Enclosures OFFICE FOR CIVIL RIGHTS Office of Justice Programs Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR@midoj.gov Website: www.ojp.asdoj.govmcr August 25, 2014 The Honorable Glenn Robertson City of Lubbock 1625 13th St. Lubbock, TX 79401-2726 Dear Mayor Robertson Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with Cedeml civil rights laws. 'f he Office for Civil Rights (OCR), Office of Justice Programs (O1P), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the UP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OV W) comply with the applicable federal civil rights laws. We at the OCR or available to help you and yaw intimation meet the civil rights requirements that come with DOJ funding, Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOl prohibit discrimination on the basis ofnes, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery ofservices or benefta A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of2013, President Obama signed the Violence Against Women Reamhorization Act o172013. The stature amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or Perceived me, color, national origin, religion, sex,disability, sexual orientation. or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1. 2013. The OCR and the OV W have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at hap://ojp.gov/aboutiocr/vawafags.hn. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount ofthe grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number ofeecipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segmcntx ol'their service population and that their employment practices meet equal oppenunity standards. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOI guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial amistence must take seasonable steps to provide meaningful seems in their programs and activities for persons with limited English proficiency, (LEP). See U.S. Department ofJustiee, Guidance to Federal Financial Menstruate Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Preficieat Pen um, 67 Fed, Reg. 41,455 (2002). For more information on the civil rights tespunsibilitiee that recipients have in providing language serviers to LEP individuals, please see the website hnp://www.lop.gov. Ensuring Equal Treatment for Faith -Rased Organizations The DOI regulation, Equal Treatment for Faith -Bused Organisations, 28 C.F.R. pt. 38, requires Stale Administering Agencies (SAAa) to treat faith -based organizations the same as any other applicant or recipient. The regulation prohibits SAAa from making awards 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 firm using financial assistance from the DOJ to fund inherently (or explicitly) reli,mina nivitics. While faith-lameol rganizations can engage in non -funded inheren0yreligioas aetivitics, they must hold them separately from the program funded by the DOJ, and recipients cannot compel benefcis are to panicipme in them. The Equal Treatment Regulation else makes clear that organizations participating in programs forded by the DOJ are not permitmd to discriminate in the provision ofservicas on the basis m rs beneficiary's religion. Formore information an the regulation, please seethe OCR's website at bap://www.ojp.usdoj.gov/abouVoa/Nual_Dso.htm. SAAa and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as; amended, 42 U.S.C. § 10604(e); the favorite lustice and Delinquency Prevention Act of 1974, iss amended, 42 U.S.C. § 5672(6); and VAWA, Pub. L. No. 1134, sec. 3(b)(4), 127 Site 54, 61fi2 (to be codified .1 42 U.S.C. § 13925(6)(1 3)) contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DO) has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case -by - ease basis to permit some faith -based organizations to receive DO) funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients firm considering religion in employment decisions. Please comvh with the OCR if you have my questions about the regulation or the application of RFRA to the statutea that prohibit discrimination in employment. Using Arrest and Conviction Records In Making Employment Decisions The OCR issued an advisory document for recipients on the proper use ofarrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII ofthe Civil Rights Act of 1964 (June 2013), available at http://www.ojp.uadnj.gov//abuul/ocr/pdfs/Useo(Canviction Advlrm,1W Recipients should be mindful that the misuse informal or conviction records to screen either applicants for employment or employees formonnicn or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult [me] counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis ofthe use ofanest and conviction records in their Equal Fmploymcnt Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must mat own obligations: (1) complying with the federal regulation pennining to the development often ESOP (sec 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(e), .205(c)(3)). Meeting the EEOP Requirement If you organization has less than fifty employees or receives an awed of less than $25.000 or is a nonprofit impenitence, a medical Institution, an educational institution, or an Indian tribe, Nen it is exempt from the EEOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form, which is available online at hop://www.ojp.mdoj.gov/abouVocr/pd@/em .pdf, If you organizstion is a government agency or private business and receives an award of $25,000 or more, but less than $500.000, and has fifty or mom employees (counting both full- and pan -time employees but excluding political appointees), Nen it has to prepare a Utilization Report (formerly called an EEOP Short Foran), but it does not have to submit the report to the OCR for review. Instead, your organbation has to maintain the Utilization Report on file and make it available for review an request. In addition, your organization has to complete Section B of the Cortification Form and mtum it to the OCR. The Certification Form is available at http://www.ojp.wdoj.gm/abouUocr/pdfs/ccm.pdf. If you organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full -and pan -time employees but excluding political appointees), then it has to prepare a Utilisation Report (formerly called an EEOP Shan Form) and submit it to the OCR for review within sixty days from the date of this letter. Por assistance in developing a Utilization Report, please consult the OCR's website at htip://www.ojp.mdoj.gov/abouUocr/ceop.htm. In addition, your organization has to complain Section C of the Certification Form and remm it the OCR. The Certification Form is available at http://www.ojp.usdaj.gov/abouUocrlpdfs/ccn.pdf. To comply with the ESOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 307-0690, by TTY at (202) 307-2027, or by email at EEOsubmisson@mdoj.gov. Meeting the Requirement to Submit Findings of Discrlminathon If in the three years prior to the date of the grant award, your orgeoizatiaa has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a dueprocess hearing, fin. a state or federal coup or from a state or fedaml administrative agency, you orgmintion mut send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipieots SAAB must have standard assurances to notify sub scipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipicnis, methods in monitor suhrecipienti compliance with civil rights requiremems, and a program to train mbrecipients on applicable civil rights laws. In addition, SAAB must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of mbrecipiams. For mom information on the MOA requirement, see hitp:llwww..jp.usdoj.gov/funding/othm_requimments.him. If the OCR can assist you in my way in fulfilling your u punizalmn's civil rights responsibilities as n recipient of federal frnaavied assistance, please contact us. Sincerely, a. A&A --- Michael L. Alston Director cc Grant Manager Financial Analyst Department Oflustim Ogee uflustice Programs Bureau of Justice Assistance Grant PAGE 1 OF 1 L RECIPIEMNAME AND ADDRESB pmludlve ZiPC6dq aAWARD NUMBER, 10M-DLRR-0754 Ciry O4k 16251 13183A SL S. PROJECT PERIOD: FROM 1X012011 TO 091102017 LUEhak T%)9WI-2)26 BUDGET PERIOD: FROM INOIdOO TO 09082017 6.AWAROOAn OMSaOI4 TAMON Ia GRANTEE IXSNENDORNO. S. SUPPLEMENT NUMBER IVIBM 256X]593 w 9.PREVIOUSAWARDAMOUW SU 3.MOIECFTFFLE IRAMOUMOFTHISAWARD —5170,985 20141AG Ptpgpm 11. TOTALAWARD 5178985 12. SPECIALCONDITIONS THEABOVEOR 7PROIECSISAPPROVFDSUWI MSUMMNDMONSORLWRATIONSASARESE5FORniONnIE ATTACHEDPAGFIS3. 13. STATUTORY AMORITY FOR GRANT This MIM uau,ponedu FY14BUA- JAG) 42 USC 3750,atry 15. METHOD OF PAYMENT GMS --AGENCY APPROVAL I6. TYPED NAME ANO Tnl. E OF APPR0 V ING OFFICIAL Devoe GD -61 Dircn9e I), SIGNATURE OF APPROVING OFFICIAL — GRANTEE ACCEPTANCE — 18. TYPED NAME ANDTITLE OF AUTHORIZED GRAY, EOFFICIAL cN66 xoxnev� (jfe�� Ptson Mc e 1YSID AT FAUTNORI2ED RECIPIENT OFFICIAL M.DATE AGENCY USE ONLY _ 20. ACCOUNTING CLASSIFICATION CODES 21. NOIUOTI059 FISCALYFUNOC BUDA OFC. DIVER SUB. PDMS AMOUNT E4R ODE CT G. x B OI 80 X DO 17085 OIPFORM4WM@ V.5-97)PREVIOUSFDRIONSAMOBSOLM- OR FORM4 mev 4A8) Department of Justice Once of Justice Programs f Bureau of Justice Assistance PROJECT NUMBER 2014[1.80(4734 AWARD CONTINUATIONSHEET Grant AWARD DATE 08152014 PAGE 2 OF 7 SPECIAL CONDITIONS L The recipient agroes to comply with the financial and administrative requirements set forth in the current edition afore Office ofJusticc Programs (DIP) Financial Guide. Z The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (ifrecipiml is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Once for Civil Rights, is a violation of its Certified Asmounces end may reault in su poonion or serarinanon of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the mganicalional audit requirements of OMR Circular A- 133, Audits of States. Local Govem amtx, and Non -Profit Orga eatiom, and further understands and agrees that foods may be withheld, or other related requirements may be imposed, if outstanding audit issues funny) from OMR Cion le, A-133 audits (and any other audits of OR grant funds) arc not satisfactorily and promptly addressed, as former described in the current edition of fire OJP Financial Guide. 4. Recipient undemmrids and agrees that it cannot use any federal funds, either directly or indirectly, in support of the moment, ment, repeal, modification or adoption army law, regulation or policy, at any level ofgovemment, without the express prior wdnen approval of O1P. 5. The racipient most promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, connector, substance, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims An; or 2) committed a criminal or civil violation of laws pertaining to freed. conflict of interest, bribery, gratuity, or similar misconduct involving gram 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.hotlinc@usdoj.gov hotline: (contact information in English and Spanish): (800) 8694499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.asdoj.gov/mg. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organimtions 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. pans fib, 70. ORFORM4W02G EV.S88) Department of Justice Office of Justice Programs AWARD Bureau of Justice Assistance CONTINVATIONSHEET PAUL J OF r 0 Grant PRO= ?sUsdi ER 2014-w.nx079i AWARD DATE 08252014 SPECIAL CONDITIONS g. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government -wide system officially designated by OMB and OR). The recipient also agrees to comply with applicable rem actions on subawards to fnat-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 ofJ.itice Programs web site at hftp://www.ojp.gov/fiinding/sm.him (Award condition: Registration with the System for Award Management and Universal Identifier Requirommo). and arc incorporated by referent. hare. 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 awn or operate in his or her name). 9. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving." 74 Fed. Reg. 51225 (October I, 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 Soon, Rod to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 10. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including spcci tic cost liraiu, prior approval and rejoining requirements, where applicable) governing the use of federal fonds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs ofanenduaco at such events. Information on pertinent laws, regulations. policies, and guidance is available in the OR Financial Guide Conference Cost Chapter. 11. The recipient mdersunds and agrees that any training or training materials developed or delivered with funding provided under Nis award most adhere to the DIP Training Guiding Principles for Grantees and Subgrantees. available at hnp://www.ojp.wdoi.gov/funding/ojpminingguidingprimiplm hrn. 12. The recipient agrees that if it currently has an open award of Were] funds or if it receives an award of federal funds other than this OR award, and those award funds have been, arc being, or ate to be used, in whole or in pan, for one or mom of the identical cost items for which fonds are being provided under this OR award, the recipient will promptly notify, in writing, the grant manager for this OR award, and, ifso requested by OR, reek is budget-madireation or chang,oGpUgcct-seopc grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 13. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for winch financial assistance is provided from the. funds, or ofthe patents or legal guardians of such students. 14. The mcipicu understands and agrees that - (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, Rod exchanging of a mogmphy, and (b) Nothing in subsection (a) limits the use of funds necessary fm any Federal. Sum, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 15. The recipient agrees to comply with OR grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all gent monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to EJA and OCFO all documentation necessary to complete monitoring Wks. including documentation related to any subawards made under this award. Fuller, the recipient ogees to abide by reasoeable deadlines set by BJA and GCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monimnng aclivitics may result in sanctions atf sting the recipient's DOJ awards, Including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds: ref 1 to the OIRre of the Impactor General for audit mvicw: designation ofthe recipient as a DO) High Risk gxotec: or termination ofan award(s). OR FORM 40002 tREV."Bt `\4sAL hf X, Department ofJusMe Offlccofleatice Programs AWARD Bureau of Justice Assistance CONTINUATIONSHEET PAGE 4 OF 7 Grant PROIECi NUMBER 2014DJ-M,0754 ( AWARD DATE 08/25/2014 SPECNL CONDITIONS 16. The recipient agrees to comply with applicable requirements to report flint -tier subawards of$25,000 or marc and, in counis circumstances, to report the names and total compensation of the five most highly compensated executives of We recipient and first-tier subrecipients of award fonds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive Gam the Federal Funding Accountability and Transparency AM of 2006 (FFATA), am posted on the Office of Justice Programs web site at http://www.ojp.gov/fundingiffato.him (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. Tlds condition, end 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 organintion that he or she may own or operate in his or her name). 17. The recipient agrees that all income generated as a direct result a] this award shall be deemed program incomes All program income earned must be accounted for and used for the purposes of funds provided under this award, including such use being consistent with the conditions of the award, the effective edition of the OR Financial Guide and, as applicable, either (1) 28 QF.R. Part 66 or (2) 28 C.F.R Part 70 amd 2 C.F.R. Part 215 (OMB Circular A-110). Punher, the use of program income must be reported on the quarterly Federal Financial Report, SF 425, 18. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA far law enfomemmt information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the corammdcatlon backbone to achieve interstate consectivity, unless the grantee can demonstrate to the satisfaction ofBJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 19. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, 02 requires the grantee to comply with GOP's Global Justice Information Sharing Initiative (DOT's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described m: hap://www.it.ojp.gov/gsp_granrcondition. Grantee shall document planned approaches to information sharing and describe compliance to the OSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 20. Thc recipient is required to establish A trust fund account (The trust fund may or may not be an interest-bearing account) The fond, 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 the grant funds in the most fund (including any interest earned) during the period of the giant and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be common to the Office of Justice Programs at the time of closeout. 21. JAG funds may be used to purchase was for an agency, but they may not be used as the 50% match for purposes ofthe Bulletproof Vest Partnership (BVP) program. 22. The recipient agrees to submit a signed certification that that all law eouncemeat agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies most keep signed certifications on file for any subrccipients planning in utilize JAG funds for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at (cast all uniformed officers before any JAG funding can be used by the agency for body armor. There em no requirements regarding the nature ofthepolicy other than it being a mandatory wear policy for all uniformed effects while on duty. OUP PORM 4pp02 (REVA-88) Department of Justice Ofliceofluslice Programs AWARD (V Bureau of Justice Assistance CONTINUATIONSHEET PAGE s of a Grant PROIECf NUMBER 2010.01-BXA754 AWARD DATE 08/252014 SPECIAL CONDITIONS 23. Bollislic-resetem and nab-msiatant body armor purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found t0 comply with applicable National Institute of Justice ballistic orstab standards and are listed on the NH Compliant Body Actor Model List (http://nij.gov). In addition, ballistic -resistant and stub -resistant body armor purchased most be American- made. The latest NI] standard information can be found here: bftp://www.nij.gov/topics/tmhnotogy/body-armor/safety- betiotivnhtm. 24. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPAL the National Historic Preservation Act, and other related federal environmenml impact analyses requirements in the use ofthc,a grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to flat determine ifany of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. Hills determined that any of the following activities will be funded by the grant, the grantee agrees to contact B1A. The grantee understands that this special condition applies to its following new activities whether or not they arc 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 fust 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 Bond 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 progmm involving the use of chemicals other than chemicals that are (a) purchased man 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 labomtory 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 Assessmentend/or a a Environmental Impact Statement, as directed by BIA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at hup://www.ojp.usdoj.govMIA/reso=c/nepa.htmi, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Prepare or Activities: For any ofthe grantee's or its subgrentace' existing programs or activities that will be funded by these pant funds, the grantee, upon specific request from FLA, agrees to cooperate with BNA in any preparation by BNA ofa national or program environmental assessment of that funded program or activity. 25. The recipient agrees that any information technology system funded or supported by OJP foods will comply with 28 CF.R. Part 23, Criminal Intelligence Systems Operating Policies, irOJP debarnince this regulation to be applicable. Should OJP determine 28 C.F.R. Pan 23 to be applicable, OR may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 20 C.P.R. Part23 occur, the recipient maybe lined as per 42 U.S.C. 3789pe-(d). Recipient may not satisfy such a tone with federal funds. 26. The recipient agrees to ensure that the State Information Technology Point of Contact receives woman notification regarding any information technology project funded by this pant 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 hftp://www.it.ojp.gov/default.mpx?area�olicyA dPmcticc&page-1046, OAP FORM 4a poofE 188) 0in Department of Justice ORcc of justice Programs AWARD Bureau of Justice Assistance CONTINUATIONSHEET PACE a OF a Grant PROJEC HUMBER 3014-pl-aX-07X AWARD DATE 08/35/1014 SPECIAL CONDITIONS 27. The grantee agrees tocomply with the applicable mquircmenuof2gC.F.R. Pan 38, the Department oflueticc regulation goveram, "Equal Tmtment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Tree®ens Regulation provides in pan that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, mligiom instmetion. or pima lytization. Recipients of, irect grain may still engage in inherently religious activities. but such activities mast be separate in time or place from the Department of Justice funded program, and pmicipotion in such activities by individuals receiving services from the grantee or a sub -grantee most be voluntary. The Equal Treatment Regulation also makes clear that or8anbatiom participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision ofse onthebmisofabcmficiarysreligion. Notwithstanding any other special condition oftbis ovard.faith- based organizations may, in mine circumstances, consider religion as a basis for employment. See hilp://www.ojp,govlabouUmttqwl_fba.him. 28. The recipient acknowledges that all programs funded through subawards, whether at state or local levels, most conform to the grant program requirements as stated in VIA program guidance. 29. Grantee agrees to comply with the requirements of 28 CF.R Pan 46 and all Once of )usfice Programs politics and Procedure; regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 30. Grantee agrees to comply with all confidentiality requirements of42 U.S.C. section 3789g and 28 C.F.R. Pon 22 that are applicable to collection. use, and revelation of dam or infommtion. Grantee further agrees, as is condition ofgmnt approval, to submit a Privacy Cenifmcate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, seadon 22.23. 3L The recipientagrees to monitor subawards undo, this JAG aawd in mcootrace with ami applicable statutes,regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subawunl. The recipient is responsible for oversight of subrecipicnt spending and monitoring ofspecife outcomes and benefits amibulable to use of JAG funds by s.b v,ipicata. Tbu recipient agrees to submit, upon request, documeomtion of its politics and procedures for monitoring of subawards under this award. 32. 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. 33. Award recipients must submit quarterly a Federal Financial Report (SF -425) and annual performance reports through GMS(hope:/Igmnts.ojp.usdoj.gov). Consistent with the Deportment's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide dam that measure the results of their work. Therefore, quarterly performance mmrics reports must be submittcd through BJA's Performance Measurement Tool (PMT)website(www.bjaperfonnonectools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements wcbpagc. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future high Risk designation. 1 34. Award recipients most verify Point acemact(POC), Financial Point of Contact (FPLC). and Authorized Representative contact information in GMS, including telephone number and email address. If any information is incon-cei or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System document changes. OJP FURM i0 W IS (REV. 0.881 Depamnent of Justice Office of Justice Programs AWARD FI@ Bureau of Justice Assistance CONTINUATIONSHEET PACE v of v Grant PROIEC NUMBER 20ME)FER-0]N AWARD DATE 0LG5Q014 SPECIAL CONDJTDONS 35. Thegranteeegrca the, within 120 daysofaward acceptance, each current nubcrof. law enforcement task farce funded with Nese funds who is a task force commander, agency executive, task fame officer. or other task force member of equivalent mak, will complete required online (imemet-based) task farce training. Additionally, all future task force members an required in complete this training once during the life of this award, or once eery four years if multiple awards include this requirement. The training is provided free ofchuge online through BUA's Center for Task Fame Integrity and Leadership (www.ctfii.am). This mining addresses task farce effectiveness as well as other key issues including privary, and civil libertiedrighis, task farce performance measurement personnel selection, and task force oversight and accountability. When BJA funding supports a task force, a task force personnel rester should be compiled and maintained, along with course completion certificates, by the grant recipient. Additional information is available regarding this required mining and acens methods via B1A's web site and the Center far Task Force Integrity and Leadership (.xifli.rrg). 36. No JAG fonds may be expended an the purchase ofunmanned aircraft, unmanned aircraft systems or unmanned aerial vehicles (UA/UAS/UAV), unless the EGA Director cenifies that extraordinary and exigent circumstances exist, making ,hem essential to the maintenance of public safety and goad order. Any state or local jurisdiction receiving BDA approval to utilise JAG funds for this type of purchase must certify to DO) that it received Federal Aviation Administration (FAA) approval to operate a UAAJAS/UAV and that it is legal to operate a UA/UASiUAV in the proposedjudsdiction or geographic arca. Thc recipient must submit a smtemrn, on the goals end objectives far the use ads UA/UAS/UAV, the anticipated specific uses, and policy regarding privacy considerations. BDA may require additional reporting requirements that will be stipulated post award. 37. BJA strongly encourages the recipient to submit annual (or marc frequent) JAG success stories. To submit a success story, sign in to your My EUA account at https://www.bia.gov/Ugin.npx to access the Success Story Submission form. Ifyou do not yet have a My BDA account, plane register at https://www.bja.pv/profilc.aspx. Once you register, ane of the available areas on your My BJA page will be "My Success Stories". Within this box, you will see an option to add a Success Story. Once reviewed and approved by WA, all success stories will appear on the new BJA Success Story web page at haps://www.bja.gov/SuccessStoryList.aspx. 38. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has approved/disapproved the waiver submitted for a Police Command Vehicle and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 39. The recipient may not obligate, expend, or drew down any award funds until: (1) it has provided to the grant manager for this OJP award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed imtmctions in the program Widuaina, (2) OUP has completed its review of the information provided and of any supplemental information it may request, (3) the recipient hos made any adjustments in the award that OR may require to prevent or eliminate any inappropriate duplication of funding (e.g., budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed is wrlang to any necessary reduction of the award entrant in any amount sufficient to prevent duplication (as determined by ODP), and (5) a Grant Adjustment Notice has been issued removing this special condition. OR FORM iW02 fare. "go Department of Justice Office of Justice Programs Bureau ofJustiee Assistance a'.hi.cs n.PC 20531 Memorandum To: Official Grant File From: Orion Terry, 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 nmst assist 131A 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 preperties 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 new program involving the use ofchemicals 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 hup://www.ojp.mdoj.gov/BJA/resome/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. Department of Justice GRANT MANAGER'S MEMORANDUM, PT. I: Omn 0omace p.mass PROJECT SUMMARY Buteau Of Justice Assistance Grant PROJECI'NUMBF.R 2014 -DJ -BX -0754 PAGE 1 OF 1 This pa jal is suppnnM mdc,FY14UUA-JAG) 42 USC 3750. atwait . LSTAFFCONTACTINwe&nl.phonenumbm) 2.PROJECTDIRECTORINeine.addreu&mlephonenumbe0 G.Ie Fuquhee It Bunce (2021514-8528 Cuo'n 916 Ta.. A. Lubbock, TX 7940.2726 180) 775-2692 3n TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS BJA FY 14 Edu W Byme kl monal Justice Ani.hnce Gnat (JAG) Progmn: lml ON REVERSE) 4. TITLE OF PROJECT 2014 JAG PmpPm 5. NAME & ADDRESS OF GRANTEE C,aTLubback 162513169. 1,ubbock.TX79401-2726 T. PROGRAM PERIOD FROM: Hi012013 N: W1302017 9. AMOUNTOF AWARD 5170.985 11. SECOND YEAR'S BUDGET 13. THIRDYPVfSBUD UPERIOD 15. SUMMARY DESCRIMTONOF PROJECTU3n mnuuiononmx ) The EAweM Syme Mmvariw Joan Ania.oce Gon1 Pmgnm (JAG) 8114 snumn.-1 uM--I rnme 6sW nn lheirnvn one -A 1-1 n 6. NAME & ADRFSS OF SUBGRANTEE 8. BUDGET PERIOD FROM: 10/012013 TO; W13MO17 10. DATE OF AWARD 00.252014 12. SECOND YEAR'S BUDGET AMOUNT 14. THIRD YF. R5 BUDOLT AMOUNT of mw out ani", .nail nn. uns ocia..ad The Cary mad Co sm, ofLubbok Plan m utilize 9e FY 2014 JAG funds 10 punhsx egwpmmat sad a police commend vehicle. The goes arias Pro,aa nm 10 Pmva@Nw esfia. em urvion. We ntivas oflabbak0sasgli Ne ecquuidnnaf.-1e.hoology equapmenl byin L.Mask Polacc Dep.nmmt sad sough om FORM 40002 (REV. 4-99) wc0000um upgrodc or me mmnoioay.adlow -f...unt aiauyorac Lee kCounty Du:m,A � ,< oR<oand sn<nM om<o. i NC"CF City of Lubbock, TX Grant Award New Grant - Budget Detail September 11, 2014 Administrative Information City Assigned Grant Number Grant Name Grant Effective Date Grant Provider/Agency Grant Award Amount Budget Information Project Detail COUNTY: 86070 Justice Assistance Grant (JAG) October 1, 2013 United States Department of Justice $ 170,985 Equipment: digital evidence collection & mobile communications Property Room Storage Units CITY: Mobile Operations/Command Vehicle Total Project Amount Cost 25,648 59,845 85,493 $ 170,985 FY2014 JAG LUBBOCK COUNTY JOINT ENFORCEMENT INITIATIVE Budget Narrative Grant #: FY2014 JAG TOTAL AWARD AMOUNT: $170.985.00 City Of Lubbock Amount: $ 85.492.50 County of Lubbock Amount: $ 85.492.50 LOCAL MATCH: $0.00 City of Lubbock 1. Other: a. Mobile Operations/Command Vehicle $ 85,492.50 The total rest of this purchase will be applied toward the purchase of a new Mobile Operations/Command Vehicle. The current vehicle is failing and needs to be replaced with this new one. It is mission -critical for the department to have such a vehicle to maintain public safety and good order at certain scenes, including, man-made and natural disasters, mass -casualty events (airline disasters, large wreck scenes, etc.), mass public events (large sporting events, parades, large publicly -attended holiday events, etc.), large- scale joint operations with other public safety entities, SWAT and special operations activations that directly affect public safety, and extended criminal investigations that affect jurisdictional good order. The City of Lubbock anticipates using the entirety of this money on this purchase, and will pay for any overage to complete this project out of budgeted funds. Lubbock County 1. Equipment: a. The Lubbock County District Attorney's Office will purchase equipment for digital evidence collection and mobile communications. This will consist of computers, monitors, servers, and associated equipment for evidence collection, courtroom trial presentation of said evidence, upgrades to the Crash Data Retrieval System and new mobile radios in advance of the 800Mhz radio system upgrade. This purchase will allow them to modernize their digital evidence collection and courtroom recall capabilities, thereby allowing better deliverables on quality evidence collection and prosecutions for Lubbock County. $ 25,647.75 b. The Lubbock County Sheriffs Office will purchase property room storage units to update, upgrade, and improve its storage capabilities and organization capabilities in the property room. This purchase will allow them to modernize storage and benefit their evidence storage capabilities, thereby improving the investigatory abilities of the department. $59,844.75