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HomeMy WebLinkAboutR-2008-149 Byrne Grant ResolutionA RESOLUTION RESOLUTION NO. R-2008-149 ratifying acceptance of federal funding in the amount of $335,381.00 from the United States Department of Justice, Bureau of Justice Assistance, for a three-year crime suppression and prevention project titled "Second Chance Yakima", and designating and authorizing the City Manager to act as the official representative of the City of Yakima and to take such additional steps, including but not limited to execution of all necessary documents and contracts as may be necessary and prudent to complete transactions associated with the grant. WHEREAS, the U.S. Department of Justice has funds available to the City of Yakima in the amount of $335,0381.00 to cover costs associated with implementing a three-year crime suppression and prevention project in high crime neighborhoods, and WHEREAS, the Bureau of Justice Assistance (BJA) will administer the funds on behalf of the City of Yakima Police Department, and WHEREAS, the City Council of the City of Yakima holds that crime prevention and public education are necessary to effectively reduce crime, and WHEREAS, the Second Chance Yakima project allows for increased crime prevention programs and technology in high crime neighborhoods, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City of Yakima and the Police Department are hereby authorized to accept $335,381.00 Byrne Memorial funds from the U.S. Department of Justice, Bureau of Justice Assistance. 2. The City manager is hereby designated as the official representative for the City for this funding, and is authorized and directed to accept the grant and to take all necessary steps and execute all necessary documents and contracts related to the funding on behalf ofthe City of Yakima. ADOPTED BY THE CITY COUNCIL this 21St day of October, 2008 ATTEST: .40/ "A, avid Edler, ayor AL -A -0"-L City Clerk Department of Justice Office of Justice Programs Office of the Assistant Attorney General Washington, D.0 20531 September 8, 2008 Mr. Richard Zais City of Yakima 129 N. 2nd Street Yakima, WA 98901 Dear Mr. Zais: On behalf of Attorney General Michael B. Mukasey, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 08 Congressionally Mandated in the amount of $335,381 for City of Yakima. 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, Jeffrey S. Felten -Green, Program Manager at (202) 514-8874; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, ,7 Jeffrey L. Sedgwick Acting Assistant Attorney General Enclosures Department of Justice Office of Justice Programs Office for Civil Rights Washington. D.0 20531 September 8, 2008 Mr. Richard Zais City of Yakima 129 N. 2nd Street Yakima, WA 98901 Dear Mr. Zais: Congratulations on your recent award. hi establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more. information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith -based organizations applying for funding under the applicable program statutes both to receive DO] funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals, and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(I) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst September 8, 2008 Mr. Richard Zais City of Yakima 129 N. 2nd Street Yakima, WA 98901 Reference Grant Number: 2008 -DD -BX -0482 Dear Mr. Zais: Department of Justice Office of Justice Programs Office of the Chief Financial Officer Washington, D.C. 20531 I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category Budget Personnel $179,737 Fringe Benefits $20,263 Travel $0 Equipment $0 Supplies $5,381 Construction $0 Contractual $120,000 Other $10,000 Total Direct Cost $335,381 Indirect Cost $0 Total Project Cost $335,381 Federal Funds Approved: $335,381 Non -Federal Share: SO Program Income: $0 Match is not required for this grant program. All Sole Source procurement in excess of $100,000 requires written justification and the prior approval of OJP. If you have questions regarding this award, please contact: - Program Questions, Jeffrey S. Felten -Green, Program Manager at (202) 514-8874 - Financial Questions, the Office of Chief Financial Officer, Customer Service Center(CSC) at (800) 458-0786, or you may contact the CSC at askocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, F°a Department of Justice �',:. ' ie A '•o-- ' `, Office of Justice Programs ''M ' s t Bureau of Justice Assistance Grant PAGE 1 OF 2 1. RECIPIENT NAME AND ADDRESS (Including Zip Cock) City of Yakima 129 N. 2nd Street Yakima, WA 98901 4 AWARD NUMBER 2008 -DD -BX -0482 5. PROJECT PERIOD: FROM 09/01/2008 TO 08/312011 BUDGET PERIOD: FROM 09/01/2008 TO 08/312011 6. AWARD DATE 09)0112008 7. ACTION IA GRANTEE IRS/VENDOR NO. 916001315 • 8. SUPPLEMENT NUMBER 00 Initial 9. PREVIOUS AWARD AMOUNT S 0 3. PROJECT TITLE Second Chancc Yakima 10. AMOUNT OF THIS AWARD S 335.381 11. TOTAL AWARD S335.381 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 supportcd undcr FYO8(BJA - Byrnc Discrctionary Grants) P.L. 110-161 15. METHOD OF PAYMENT PAPAS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Jcffrcy L. Scdgwick Acting Assistant Attorney General 18. TYPED NAME AND TTILE OF AUTHORIZED GRANTEE OFFICIAL Richard Zais City Martaga 17. SIGNATURE OF APPROVING OFFICIAL ( 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL I9A. DATE ......--,.)°\C\NtyTheD ".......„...N... AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. PDMS AMOUNT X B DI 80 00 00 335381 21. HDIUGT0I29 OW FORM 4000/2 (REV. 5-81) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) CITY CONTRAC I NO: „2008-//9' RESOLUTION NO. /''7r Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 2 PROJECT NUMBER 2008 -DD -BX -0482 AWARD DATE 09/08/2008 SPECIAL CONDITIONS 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 (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, 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. No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the grantee whose total annual cash compensation exceeds 110% of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. 6. All contracts under this award should be competitively awarded unless circumstances preclude competition. When a contract amount exceeds $100,000 and there has been no competition for the award, the recipient must comply with rules governing sole source procurement found in the current edition of the OJP Financial Guide. 7. Prior to the expenditure of confidential funds, the recipient and any subrecipients agree to sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in the OJP Financial Guide. OJP FORM 4000/2 (REV 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance Memorandum To: Official Grant File From: Subject: Washington, D.0 20531 Maria A. Berry, Environmental Coordinator Categorical Exclusion for City of Yakima Awards under this program will be used to develop national demonstration, training, and technical assistance programs. None of the following activities will be conducted whether under the Office of Justice Programs federal action or a related third party action: 1) New construction. 2) Renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100 -year flood plain. (3) A renovation which will change the basic prior use of a facility or significantly change its size. (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment. (5) Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of the Code of Federal Regulations. Additionally, the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion. Department of Justice 4r'� • " `7, Office of Justice Programs .a. Bureau of Justice Assistance _ "p% GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant PROJECT NUMBER 2008 -DD -BX -0482 PAGE 1 OF l This project is supported under FY08(BJA - Byrne Discretionary Grants) P.L. 110-161 I. STAFF CONTACT (Name & telephone number) Jeffrey S. Felten -Green (202) 514-8874 2. PROJECT DIRECTOR (Name, address & telephone number) Tom Foley Lieutenant 129 N. 2nd St Yakima, WA 98901-2613 (509) 576-6369 3a. TITLE OF THE PROGRAM Congressionally Mandated Award 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT Second Chance Yakima 5. NAME & ADDRESS OF GRANTEE C ity of Yakima 129 N. 2nd Street Yakima, WA 98901 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 09/01/2008 TO: 08/31/2011 8. BUDGET PERIOD FROM: 09/01/2008 TO: 08/31/2011 9. AMOUNT OF AWARD $ 335,381 10. DATE OF AWARD 09/08/2008 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 instruction on reverse) The Edward Byrne Memorial Discretionary Grants Program (Byrne Discretionary Program) helps local communities improve the capacity of local justice systems and provides for national support efforts. This project is authorized and funded through a line item at the FY 08 Congressional Budget. Funds should be used for purposes recommended by Congress. The city of Yakima will use the grant funds to support Yakima's Second Chance Program, a program designed to reduce crime through special emphasis patrol sweeps. The Yakima Police Department will conduct sweeps during peak crime hours in high crime areas, establish Block Watch Programs in high crime neighborhoods, and work with landlords to establish a fully operational Crime -Free Rental Housing Program. • NCA'NCF 2 (REV. 4-88) ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4c 11 For Meeting of October 21, 2008 Resolution Authorizing Acceptance of Federal Funds Through the Department of Justice, and Authorizing Corresponding Agreement with the Bureau of Justice Assistance. SUBMITTED BY: Samuel Granato, Chief of Police CONTACT PERSON/TELEPHONE: Kelly Rosenow, Deputy Police Chief — 575-6210 SUMMARY EXPLANATION: The City has proposed to the US Department of Justice a three-year crime prevention/intervention program to coordinate with police emphasis patrol sweeps in targeted high crime - neighborhoods. --- Congress has mandated the DOJ Bureau of Justice Assistance to make available $335,381.00 to the City of Yakima to facilitate the project. The attached resolution authorizes the City Manager to act as the official representative to accept the grant. The funds will be used for wages and benefits for a full-time gang prevention officer to coordinate the Yakima GREAT program, to compensate Codes Enforcement project related overtime and to contract for crime prevention and public awareness programs. These federally mandated funds require no local matching funds Resolution X Ordinance Contract Other (Specify) Funding Source: Federal Mandate Award #2008 -DD -BX -0482 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution authorizing acceptance of federal funds BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: