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HomeMy WebLinkAboutR-2009-102 Law Enforcement Grant Application; Meeting Date; Edward Byrne Memorial Justice Assistance Grant ProgramRESOLUTION NO. R-2009-102 A RESOLUTION ratifying an application for a grant in the total amount of $100,405 from the United States Department of Justice, Bureau of Justice Administration, Edward Byme Memorial Justice Assistance Grant Program, 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 documents and contracts necessary to complete said grant transaction. WHEREAS, the U.S. Department of Justice, Bureau of Justice Administration, Edward Byme Memorial Justice Assistance Grant Program, has grant funds available to local govemments to support efforts to reduce crime and improve public safety; and WHEREAS, the Yakima Police Department has been notified that $100,405 in grant funds have been allocated to the City of Yakima and Yakima County and are available upon submission of a completed grant application and satisfaction of certain conditions; and WHEREAS, one of the grant approval conditions is that the City and County execute an Interlocal Agreement whereby the City shall transfer $32,148.30 of the grant monies to the County to support law enforcement activities of the Yakima County Sheriff's Department and the Yakima County Juvenile Court; and WHEREAS, the City Council of the City of Yakima considered this matter at an open public meeting in which citizens were provided an opportunity to comment and deems it to be in the best interest of the City to authorize submission of an application to the Justice Assistance Grant Program for said available funds and execution of all necessary documents and contracts to complete said grant transaction, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City Manager or his designee is hereby authorized to submit a completed grant application to the United States Department of Justice, Bureau of Justice Administration, Edward Byme Memorial Justice Assistance Grant Program, to obtain a grant to fund local efforts to reduce crime and improve public safety. 2. The City Manager or his designee is further authorized and directed to accept the grant on behalf of the City of Yakima, and to take all steps and execute all documents and contracts necessary to complete this grant transaction, including but not limited to execution of the attached Interlocal Agreement with Yakima County whereby Yakima County shall receive a portion of the grant proceeds for local law enforcement efforts. ADOPTED BY THE CITY COUNCIL this 21st day of y, 2009. David Edler, ayor GMS APPLICATION NUMBER 2009 -H0531 -WA -DJ MOU Number THE STATE OF WASHINGTON KNOW ALL BY THESE PRESENTCOUNTY OF YAKIMA INTERLOCAL AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY 2009 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This agreement is made and entered into this 7th day of July, 2009, by and between CITY of YAKIMA, acting by and through its governing body, the City Council, hereinafter referred to as the CITY, and YAKIMA COUNTY acting by and through its governing body, the Board of Commissioners, hereinafter referred to as the COUNTY, both of Yakima County, State of Washington, witnesseth: WHEREAS, this Agreement Is made under the authority of the Interlocal Cooperation Act, as amended, and codified in chapter 39.34 of the Revised Code of Washington provided for interlocal cooperation between governmental agencies; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreements is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the U.S. Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program, has grant funds available to local governments to support efforts to reduce crime and improve public safety, and WHEREAS, the Yakima Police Department has been notified that $100,405 in grant funds have been allocated to the city of Yakima and Yakima County and are available upon submission of a completed grant application and satisfaction of certain conditions, and WHEREAS, one of the grant approval conditions is that the City and County execute an Interlocal Agreement whereby the City shall transfer $32,148.30 of the grant monies to the county to support law enforcement activities of the Yakima County Sheriffs Department NOW THEREFORE, the CITY and the COUNTY agree as follows: Section 1. Expressly conditioned upon award to the CITY of the above referenced grant funds in the amount of $100,405, the CITY agrees to pay the COUNTY a total of $32,148.30 of JAG funds. Approximately $28,000 of this sum will be used by the Yakima County Sheriff's Office to purchase mobile and portable radios that are narrow band capable. The remaining funds will be utilized by the Yakima County Sheriff's Office to. assist with the costs of the 2008 Ortho photography that is used for the Sheriff's Office Automatic Vehicle Locator System. Section 2. The COUNTY agrees to accept and use $32,148.30 with approximately $28,000 of this sum to be used by the Yakima County Sheriff's Office to purchase mobile and portable radios that are narrow band capable. 1 GMS APPLICATION NUMBER 2009 -H0531 -WA -DJ The remaining funds will be utilized by the Yakima County Sheriff's Office to. assist with the costs of the 2008 Ortho photography that is used for the Sheriff's Office Automatic Vehicle Locator System. Section 3. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 4. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 5. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this agreement shall not create any rights in any party not a signatory hereto. Section 6. A copy of this Agreement shall be filed with the Yakima County Auditor's Office. CITY OF YAK MA BOARD OF COUNTY COMMISSIONERS R. A. i "City Manager CITY CONTRAC r NO: l �g- 7? RESOLUTION NO:a0d % 1-1_ Attest: Deborah Moore, Moore, City Clerk lliott, Chairman Michael D. Leita, Commissioner chey, Commissioner CONTRACT AUTHORIZATION Attest: 2 Award Instructions Award Award Handbook F_ _inancial Point of Contact Designation BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation 2009 -SB -B9-1257 Award Instructions Acceptance Instructions ACH Information Help/Frequently Asked Questions GMS Award Home Log. Off Financial Status Reports (SF -269a) Acceptance Instructions Page 1 of 2 Correspondence Congratulations. You have been awarded a grant by the Office of Justice Programs of the Department of Justice. Accepting your award is a two step process. The first step is to designate a Financial Point of Contact (FPOC) for your award. To designate a FPOC please follow these steps: 1. Log into GMS. 2. Click the "Awards" link on the navigation bar on the left hand side. 3. Click the "View Award Instructions" link to the right of the award you want to accept. 4. A new page displays with this message near the top: "The FPOC designation must be submitted before the Award Package can be accessed." The page contains text boxes highlighted in yellow to capture the FPOC registration information. a. If information for the FPOC of this award, already exists in GMS, the first table entry will contain a box with the text "Available Financial Points of Contact". There is a box with a dropdown arrow to allow the selection of the FPOC. Select the name and click the "Load POC" box. GMS will populate the data entry fields with information from the user Profile. Click the button near the bottom of the page labeled "Submit". b. If the name of the FPOC is not one of the choices using the dropdown arrow, type the appropriate information in each of the fields. Fields with an asterisk (*) are required. Click the button near the bottom of the page labeled "Submit". The FPOC will receive an email requesting them to complete the FPOC registration. 5. Click "Yes" on the confirmation page. 6. You are allowed to assign more than one FPOC to each award. You are able to change the FPOC under the "Manage Users" link on the GMS home page. NOTE: If you come to the Financial Point of Contact designation screen, and the information in the fields is already grayed out, and no "Submit" button is available, then the Financial Point of Contact has already been chosen. You will have to accept your award and await confirmation, before you can, change this designation. If, at that time, you need instructions on how to proceed, you can review the "Creating a financial point of contact instructions" or contact the GMS Helpdesk for assistance. The second step is to click on the "Award Document" link and download https:/&rants.OlD.usdoi.govigmsexternal/ana/anaAcrentanep cf c PI IA nnn Award Instructions Page 2 of 2 the award documents. If you choose to accept the award and ALL the special conditions, please 1. Print the Award Document and Special Conditions. 2. Have the Award Document signed by the Authorized Grantee Official., (Note: In Box 18 of the Award Document, the name and the title of the authorized grantee official is preprinted. The person named as the official in Box 18 should sign the Award Document in Box 19 and enter the signature date in Box 19A.) 3. Have the Authorized_ Grantee Official initial the bottom right corner of each page listing any Special Conditions of the Award Document: 4. Return BOTH the Award Document.and, the. Special Conditions pages to the Office`of Justice Programs, Control'Desk by email to acceptance@usdoj gov or by fax to .(toll free) ,1-866=388-3055• or,• (local) 202-354;,-4081, Select only one of these Submission options to avoid duplicate ,submissions. If you choose not to accept the award, OR if you do not agree with the terms/conditions of the award and would like to discuss options, then please contact your OJP program manager, Jeffrey S. Felten - Green at 2025148874. If the Authorized. Grantee Official named on the. Award Document is no longer authorized to accept this award on behalf of your organization, do not alter the pre-printed name in box 18. Please go to the Grant Adjustment Notice (GAN) link and request an adjustment to the name of the authorized official. This GAN must be approved before you can accept the award. Once the GAN to change the name of the authorizing official has been approved, you should: • print the approved GAN; • print the original award document; • have the new approving official sign the acceptance next to the former official's name and initial the special conditions page(s); • email or fax the signed acceptance, special conditions, and the approved GAN to the Control Desk as noted above in #4; If you have programmatic questions contact Jeffrey S. Felten - Green, at 2025148874. For financial questions contact ()CFO Customer Service at 1-800-458-0786. For questions about retrieving or printing these documents, designating a Financial Point of Contact, or creating a Grant Adjustment, please contact the GMS Help Desk at 1-888-549- 9901 option#3 or email them at gms.helpdesk@usdoj.gov. httns://P:rants.oin_usdni anv/oi-ne, r+P.-r..A A --- - Department of Justice Office ofJustice Programs Bureau ofJustice Assistance Office ofJustice Programs June 22,2009 Mr. Richard Zais City of Yakima 129 North Second Street Yakima, WA 98901-2830 Dear Mr. Zais: Washington. D.0 20531 On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office ofJustice Programs has approved your application for funding under the FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation in the amount of $534,191 for City of Yakima Enclosed you will find the Orant 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* (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, �d �¢ James H. Burch II Acting Director Enclosures Department of .Justice Office of Justice Programs Office for Civil Rights Washington. D. C 20531 June 22.2009 Mr. Richard Zais City of Yakima 129 North Second Street Yakima. WA 98901-2830 Dear Mr. Zais: Congratulations on your recent award, In 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 OR. its component offices and bureaus, the Office on Violence Against Women (QM), 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 m 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 Llmitted English Proficiency (LEP) IIndivid>ials 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 -Rased Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the regulation, Participation m 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 malting 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/oer/ettbo,hmr, 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 -Gast basis, to require that its funding agencies permit faith -based organizations applying for finding under the applicable program statutes both to receive DOJ 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 Owl 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;(1) 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 EEQP 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 day) 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 bas 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 bttp://www,oip,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 ifyour 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.oip,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 atter a due process hearing, on the ground (grace, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review, Ensuring the Cumplianee 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 promdures 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 vrOp DepartmeatofJustice 4. tt y) Office of Justice Programs ,s, 1: A i Bureau of Justice Assistance (357Ik� " Grant PAGE 1 OF 9 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Yakima 129 North Second Street Yakima, WA 98901-2830 4. AWARD NUMBER: 2009-SB-B9-1257 5. PROJECT PERIOD: FROM 03/01/2009 TO 02/282013 BUDGET PERIOD: FROM 03/01/2009 TO 0228/2013 6. AWARD DATE 0622/2009 7. ACTION 1A. GRANTEE IRS/VENDOR NO. 916001315 8. SUPPLEMENT NUMBER 00 Inns! 9 PREVIOUS AWARD AMOUNT S 0 3. PROJECT TITLE FY 2009 Recovery Act JAG Program 10. AMOUNT OF THIS AWARD $ 534,191 11. TOTAL AWARD $ 534,191 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 FY09 Recovery Act (BJA-Byrne JAG) Pub. L. No. 111-5, 42 USC 3750-3758 15. METHOD OF PAYMENT PAPAS „ AGENCY APPROVAL !Ltt.4.4.1 x== ; "y t r ,: ? GRANTEE ACCEPTANCE n-=`" ' t. 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL James H. Burch II Acting Director 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Richard Zais City Muga 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE '''..\\.. "\\‘. N..--:—... `k.1 € ..G a bra t*:N, 4 a - .;r � +�." ��rc ��G?!�)71�. ,C ._.... r _ .s _,� AGENCY �` w z , - s; 3 CY USE ONLY �iz �'+: : � r" S� � ;i ....,: " J!� _a2� �,, ttxr' 20. ACCOUNTING CLASSIFICATION ODES FISCAL FUND BUD. DIV" YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT 9 B SB 80 00 00 534191 21. ISBUGT0983 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 9 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office ofJustice 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 funds, either directly or indirectly, in support of the • enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department ofJustice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 6. RECOVERY ACT — Conflict with Other Standard Terms and Conditions The recipient understands and agrees that all other terms and conditions contained in this award, or in applicable OJP grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111-5 ("ARRA" or "Recovery Act") requirements. Recipients are responsible for contacting their grant managers for any needed clarifications. OW FORM 4900/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 3 OF 9 PROJECT NUMBER 2009 -SB -B9-1257 AWARD DATE 06/22/2009 SPECIAL CONDITIONS 7. 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 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. 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 [website], 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. 8. 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 1T system. 9. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by law and detailed by the BJA in program guidance for the Justice Assistance Grant (JAG) Program. Compliance with these requirements will be monitored by BJA_ 10. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 4 OF 9 PROJECT NUMBER 2009 -SB -B9-1257 AWARD DATE 06/22/2009 SPECIAL CONDITIONS 11. 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 funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or plice 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://www.ojp.gov/aboudocr/equal—fbo.htm. 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 funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046. 13. 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. • 14. RECOVERY ACT - JAG - Trust Fund 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 either the Edward Byrne Memorial Justice Assistance Grant Program (JAG) or Recovery JAG Program. 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 be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Financial Status Report (SF -269). 15. RECOVERY ACT — Access to Records; Interviews The recipient understands and agrees that DOJ (including OJP and the Office of the Inspector General (OIG)), and its representatives, and the Government Accountability Office (GAO), shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award, including such records of any subrecipient, contractor, or subcontractor. The recipient also understands and agrees that DOJ and the GAO are authorized to interview any officer or employee of the recipient (or of any subrecipient, contractor, or subcontractor) regarding transactions related to this Recovery Act award. 16. RECOVERY ACT — One-time funding The recipient understands and agrees that awards under the Recovery Act will be one-time awards and accordingly that its proposed project activities and deliverables are to be accomplished without additional DOJ funding. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs ureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 5 OF 9 Grant PROJECT NUMBER 2009 -SB -B9-1257 AWARD DATE 0022/2009 SPECIAL CONDITIONS 17. RECOVERY ACT — Separate Tracking and Reporting of Recovery Act Funds and Outcomes The recipient agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act fiords) separately from all other funds, including DOJ award funds from non -Recovery Act awards awarded for the same or similar purposes or programs. (Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate.) - Accordingly, the accounting systems of the recipient and all subrecipients must ensure that funds from this Recovery Act award are not commingled with funds from any other source. The recipient further agrees that all personnel (including subrecipient personnel) whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non -award - related activities. 18. RECOVERY ACT — Subawards — Monitoring The recipient agrees to monitor subawards under this Recovery Act award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of Recovery Act funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 19. RECOVERY ACT — Subawards — DUNS and CCR for Reporting The recipient agrees to work with its first-tier subrecipients (if any) to ensure that, no later than the due date of the recipient's first quarterly report after a subaward is made, the subrecipient has a valid DUNS profile and has an active registration with the Central Contractor Registration (CCR) database. 20. RECOVERY ACT - Quarterly Financial Reports The recipient agrees to submit quarterly financial status reports to OJP. At present, these reports are to be submitted on-line (at https://grants.ojp.usdoj.gov) using Standard Form SF 269A, not later than 45 days after the end of each calendar quarter. The recipient understands that after October 15, 2009, OJP will discontinue its use of the SF 269A, and will require award recipients to submit quarterly financial status reports within 30 days after the end of each calendar quarter, using the government -wide Standard Form 425 Federal Financial Report from (available for viewing at www.whitehouse.gov/omb/grants/standard forms/f-.pdf). Beginning with the report for the fourth calendar quarter of 2009 (and continuing thereafter), the recipient agrees that it will submit quarterly financial status reports to OJP on- line (at https://grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form, not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the grant period. OJP FORM 4000/2 (REV: 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 6 OF 9 PROJECT NUMBER 2009 -SB -89-1257 AWARD DATE 06/22/2009 SPECIAL CONDITIONS 21. RECOVERY ACT — Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Subrecipients (a) The recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the Act and in accordance with 2 CFR 21521, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations" and OMB A-102 Common Rules provisions (relating to Grants and Cooperative Agreements with State and Local Governments). (b) The recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by OMB Circular A-133. This condition only applies if the recipient is covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA." in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF - SAC. (c) The recipient agrees to separately identify to each subrecipient the Federal award number, CFDA number, and amount of Recovery Act funds, and to document this identification both at the time of subaward and at the time of disbursement of funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. (d) The recipient agrees to require its subrecipients to specifically identify Recovery Act funding on their SEFA information, similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of Recovery Act funds as well as facilitate oversight by the Federal awarding agencies, the DOJ OIG, and the GAO. 22. RECOVERY ACT — Reporting and Registration Requirements under Section 1512 of the Recovery Act. (a) This award requires the recipient to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their fust -tier recipients must maintain current registrations in the Central Contractor Registration (www.ccr.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided onlineat www.FederalReporting.gov and ensure that any information that is pre -filled is corrected or updated as needed. OJP FORM 4000)2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 7 OF 9 PROJECT NUMBER 2009 -SB -139-1257 AWARD DATE 06/22/2009 SPECIAL CONDITIONS 23. RECOVERY ACT — Provisions of Section 1512(c) The recipient understands that section 1512(c) of the Recovery Act provides as follows: Recipient Reports- Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a.report to that agency that contains— (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including -- (A) the name of the project or activity; (B) a description of the project or activity; (C) an evaluation of the completion status of the project or activity; (D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and (E) for infrastructure investments made by state and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. 24. RECOVERY ACT — Protecting State and Local Government and Contractor Whistleblowers (Recovery Act, section 1553) The recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non - Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of Recovery Act is available at www.ojp.usdoj.gov/recovery. 25. RECOVERY ACT — Limit on Funds (Recovery Act, section 1604) The recipient agrees that none of the funds under this award may be used by any State or local government, or any private entity, for construction costs or any other support of any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 26. RECOVERY ACT — Infrastructure Investment (Recovery Act, sections 1511 and 1602) The recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure investment absent submission of a satisfactory certification under section 1511 of the Recovery Act. Should the recipient decide to use funds for infrastructure investment subsequent to award, the recipient must submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from OJP. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections 1511 and 1602) is available at www.ojp.usdoj.gov/recovery. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 8 OF 9 PROJECT NUMBER 2009 -SB -B9-1257 AWARD DATE 0622/2009 SPECIAL CONDITIONS 27. RECOVERY ACT — Buy American Notification (Recovery Act, section 1605) The recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act ("Buy American"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification to the OJP program office, and a Grant Adjustment Notice is issued that modifies this special condition to add government -wide standard conditions (anticipated to be published in subpart B of 2 C.F.R. part 176) that further implement the specific requirements or exceptions of section 1605. Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States, subject to certain exceptions, including United States obligations under international agreements. For purposes of this special condition, the following definitions apply: "Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and -minor outlying islands of the United States; State and local governments; and multi -State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. "Manufactured good" means a good brought to the construction site for incorporation into the building or work that has been— (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. "Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. For purposes of OJP grants, projects involving construction, alteration, maintenance, or repair of jails, detention facilities, prisons, public crime victims' shelters, police facilities, or other similar projects will likely trigger this provision. NOTE: The recipient is encouraged to contact the OJP program manager — in advance — with any questions conceming this condition, including its applicability to particular circumstances. OW FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs ureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 9 OF 9 Grant PROJECT NUMBER 2009 -SB -B9-1257 AWARD DATE 06/22/2009 SPECIAL CONDITIONS 28. RECOVERY ACT – Wage Rate Requirements under Section 1606 of the Recovery Act (a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis -Bacon contract clauses set forth in that section. The standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). (b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis -Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 29. RECOVERY ACT – NEPA and Related Laws The recipient understands that all OJP awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The recipient agrees to assist OJP in carrying out its responsibilities under NEPA and related laws, if the recipient plans to use Recovery Act funds (directly or through subaward or contract) to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App. D.) The recipient also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. 30. RECOVERY ACT – Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. 31. RECOVERY ACT – Additional Requirements and Guidance The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future OJP (including government -wide) guidance and clarifications of Recovery Act requirements. 32. RECOVERY ACT - JAG - Delinquent section 1512(c) reports The recipient acknowledges that it has certified that it will comply with all reporting requirements under section 1512(c) of the Recovery Act. (An online reporting mechanism is anticipated to be available for award recipient use by October 10, 2009.) Further to this certification, a failure to comply with the section 1512(c) reporting requirements may, in addition to other penalties, subject the recipient to the following: (1) After failure to report section 1512(c) data for two consecutive reporting periods, the recipient may be— (a) precluded from drawing down funds under any OJP award, and/or (b) deemed ineligible for future discretionary OJP awards, until such time as the recipient becomes current in its section 1512(c) reporting obligations; and (2) After failure to report section 1512(c) data for three consecutive reporting periods, the recipient, upon written demand of the Director of BJA, shall return to OJP any unexpended award funds (including any unexpended interest earned on award funds) within 15 calendar days of the date of the demand notice. Thereafter, the recipient's award shall be converted to a cost -reimbursable grant until such time as the recipient becomes current in its section 1512(c) reporting obligations, and remains current for not less than two additional consecutive reporting periods. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance Memorandum To: Official Grant File From: Washington, D.C. 20531 Maria A. Berry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Yakima The Recovery Act emphasizes the importance of compliance with the National Environmental Policy Act (NEPA) in the use of public funds. The Recovery Act - 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 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 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.govBJA/resource/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. . ";� T0. -:,,z5 ,: < Department of justice Y'_V Office of Justice Programs t ` ..., 1-.'? ' e Bureau of Justice Assistance - ".'----''''''..P.--4.- GRANTMANAGER'S MEMORANDUM, PB . I: PROJECT SUMMARY Grant PROJECT NUMBER 2009 -SB -B9-1257 PAGE 1 OF 1 This project is supported under FY09 Recovery Act (BJA-Syme JAG) Pub. L No. 111-5, 42 USC 3750-3758 1. STAFF CONTACT (Name & telephone number) Jeffrey S. Felten -Green (202) 514-8874 2. PROJECT DIRECTOR (Name, address & telephone number) Kelly Rosenow Deputy Chief of Police 200 South Third Street Yakima, WA 98901-2830 (509) 575-6210 3a. TITLE OF THE PROGRAM BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT FY 2009 Recovery Act JAG Program _ 5. NAME & ADDRESS OF GRANTEE City of Yakima 129 North Second Street Yakima, WA 98901-2830 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 03/01/2009 TO: 02/28/2013 8. BUDGET PERIOD FROM: 03/01/2009 TO: 02/28/2013 9. AMOUNT OF AWARD $ 534,191 10. DATE OF AWARD 06/22/2009 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEARS BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) This grant program is authorized by the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (the "Recovery Act") and by 42 U.S.C. 375I(a). The stated purposes of the Recovery Act are: to preserve and create jobs and promote economic recovery; to assist those most impacted by the recession; to provide investments needed to increase economic efficiency by spurring technological advances in science and health; to invest in transportation, environmental protection, and other infrastructure that will provide long -tent economic benefits; and to stabilize state and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases. The Recovery Act places great emphasis on accountability and transparency in the use of taxpayer dollars. Among other things, it creates a new Recovery Accountability and Transparency Board and a new website — Recovery.gov — to provide information to the public, including access to detailed information on grants and contracts made with Recovery Act funds. The Justice Assistance Grant (JAG) Program funded under the Recovery Act is the primary provider of federal criminal justice funding to state and local jurisdictions. Recovery JAG funds support all components of the criminal justice system, from multi jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. Recovery JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. The disparate jurisdictions consisting of Yakima County, Yakima City, Grandview City, Sunnyside City, Toppenish City, Union Gap City, and Wapato City will use their Fiscal Year 2009 Recovery Act JAG grant award m the amount of $534,191 to eradicate narcotic trafficking, gang violence, and car thefts. Yakima City serving as the fiscal agent, will use their share of the JAG award to support a Youth Crime and Graffiti Suppression program. JAG funds will also be used to purchase additional computers and surveillance software. In addition, funds will be used to replace portable radios, notebook computers, digital cameras, and a hostage negotiator phone for SWAT operations. Yakima County will use their share of the JAG award to continue the employment for one security court officer and to also support the employment of two office specialist positions in the Narcotics Unit. Wapato City will use their share of grant funds to support graffiti education programs and to purchase portable radios, computers for patrol vehicles, and officer training. Grandview City will use their share of grant funds to purchase high-entry bullet resistant vests for the Tactical Entry Team. Toppenish City will use their share of grant funds to purchase a surveillance and recording system, interview room camera and recording system, and traffic citation interface that will allow processing of E-Ticket citations. Sunnyside City will use their share of grant funds to upgrade all cameras in the jail facility and to purchase digital video recording systems for high-contact areas. Union Gap will use their share of grant funds to purchase twenty-two microphone recorders, a surveillance camera system, monitors for holding cells and squad moms, and a computer for storing information. NCA/NCF BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4a For Meeting of July 21, 2009 ITEM TITLE: Public Hearing and consideration of a Resolution ratifying an application for a law enforcement grant from the U.S. Department of Justice, Bureau of Justice Assistance, under the Edward Byme Memorial Justice Assistance Grant program and authorizing corresponding interlocal agreement with Yakima County SUBMITTED BY: Samuel Granato, Chief of Police CONTACT PERSON/TELEPHONE: Samuel Granato, Chief of Police — 575-6211 Jeff Schneider Police Captain — 575-6151 SUMMARY EXPLANATION: The City has been invited to apply for a grant from the U.S. Department of Justice, Bureau of Justice Assistance under the Edward Byme Memorial Justice Assistance Grant program. The purpose of the program is to reduce crime and improvepublic safety. The grant will be requested in the amount of $100,405. The City of Yakima and Yakima County will share the funds per a Memorandum of Understanding as required by the Department of Justice. The attached resolution authorizes the grant application and the City Manager to act as the official representative to accept the grant. The City's share of the grant, $68,256.70, will be used to support law enforcement efforts by funding program and equipment requirements of the Yakima Police Athletic League, together with the purchase of laptop computers, web based report writng system, Coban video hotspots, police surveillance systems, and computer licensing. The Justice Assistance Grant Program requires that the City execute an interlocal agreement with Yakima County, whereby the Yakima Sheriff's Department shall receive the remaining $32,148.30 of the $100,405 grant award. Resolution X Ordinance Contract Other (Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution authorizing grant application and interlocal agreement with Yakima County. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of July 7, 2009 ITEM TITLE: Set Date of Public Meeting for July 21, 2009 to consider an application for a law enforcement grant from the U.S. Department of Justice, Bureau of Justice Assistance under the Edward Byrne Memorial Justice Assistance Grant program and authorizing corresponding interlocal agreement with Yakima County SUBMITTED BY: Samuel Granato, Chief of Police CONTACT PERSON/TELEPHONE: Samuel Granato, Chief of Police — 575-6211 Jeff Schneider Police Captain — 575-6151 SUMMARY EXPLANATION: The City has been invited to apply for a grant from the U.S. Department of Justice, Bureau of Justice Assistance under the Edward Byrne Memorial Justice Assistance Grant program. The purpose of the program is to reduce crime and improve public safety. The grant will be requested in the amount of $100,405: The City of Yakima and Yakima County will share the funds per a Memorandum of Understanding as required by the Department of Justice. The attached resolution authorizes the grant application and the City Manager to act as the official representative to accept the grant. The City's share of the grant, $68,256.70, will be used to support law enforcement efforts by funding program and equipment requirements of the Yakima Police Athletic League, together with the purchase of laptop computers, web based report writng system, Coban video hotspots, police surveillance systems, and computer licensing. The Justice Assistance Grant Program requires that the City execute an interlocal agreement with Yakima County, whereby the Yakima Sheriff's Department shall receive the remaining $32,148.30 of the $100,405 grant award. Resolution Ordinance Contract Other (Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Set date of public hearing for July 21, 2009. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: ,�-aoo9-/0R U.S. Department ofJustice Office of Justice Programs Bureau of Justice Assistance The U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance is pleased to announce that it is seeking applications for funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This program furthers the Department's mission by assisting state, local, and tribal efforts to prevent or reduce crime and violence. Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2009 Local Solicitation Eligibility Applicants are limited to units of local government appearing on the FY 2009 JAG Allocations List. To view this list, go to www.oip.usdoi.qov/BJA/grant/09iagallocations.html. (See "Eligibility," page 1) Deadline Registration with OJP's Grants Management System is required prior to application submission. All applications are due by 8:00 p.m. e.t. on July 9, 2009. (See "Deadline: Applications," pagel) Contact Information For assistance with the requirements of this solicitation, contact your State Policy Advisor: www.ojp.usdoi.gov/BJA/resource/ProgramsOffice.odf. This application must be submitted through OJP's Grants Management System (GMS). For technical assistance with submitting the application, call the Grants Management System Support Hotline at 1-888-549-9901, option 3. The GMS Help Desk hours of operation are Monday -Friday from 7:00 a.m. to 9:00 p.m. e.t. Release date: May 22, 2009 CONTENTS Overview of the JAG Program 1 Deadline: Registration 1 Deadline: Applications 1 Eligibility 1 JAG Program—Specific Information 1 Match Requirement 4 Performance Measures 4 How to Apply 4 What an Application Must Include: 5 Standard Form 424 Program Narrative Budget and Budget Narrative Review Narrative Abstract Additional Requirements 6 ii Edward Byrne Memorial Justice Assistance Grant Program CFDA #16.738 Overview of the JAG Program The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a)) is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. Deadline: Registration Applicants must register with the Office of Justice Programs' (OJP) Grants Management System (GMS) prior to applying. Deadline: Applications The due date for applying for funding under this announcement is 8:00 p.m. e.t. on July 9, 2009. Eligibility Applicants are limited to units of local government appearing on the FY 2009 JAG Allocations List. To view this list, go to www.oio.usdoi.qov/BJA/grant/09iagallocations.html. For JAG program purposes, a unit of local government is: a town, township, village, parish, city, county, borough, or other general purpose political subdivision of a state; or, it may also be a federally recognized Indian tribe or Alaskan Native organization that performs law enforcement functions as determined by the Secretary of the Interior. Otherwise a unit of local govemment may be any law enforcement district or judicial enforcement district established under state law with authority to independently establish a budget and impose taxes. In Louisiana, a unit of local government means the office of a district attorney or a parish sheriff. In the District of Columbia or any United States Trust Territory, a unit of local government is any agency of the District of Columbia or Federal government performing law enforcement functions for the District of Columbia or Trust Territories of the United States. For a listing of eligible units of local government, go to www.oip.usdoi.qov/BJA/orant/09iagallocations.html. JAG Program—Specific Information All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. Established to streamline justice funding and grant administration, the JAG Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends the previous Byme 1 Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are needed most. Formula The Bureau of Justice Statistics (BJS) calculates, for each state and territory, a minimum base allocation which, based on the statutory JAG formula, can be enhanced by (1) the state's share of the national population and (2) the state's share of the country's Part 1 violent crime statistics. Once the state funding is calculated, 60 percent of the allocation is awarded to the state and 40 percent to eligible units of local govemment. States also have a variable percentage of the allocation that is required to "pass through" to units of local government. This amount, also calculated by BJS, is based on each state's crime expenditures. In addition, the formula calculates direct allocations for local governments within each state, based on their share of the total violent crime reported within the state. Local govemments that are entitled to at least $10,000 awards may apply directly to BJA for local JAG funds. Purpose Areas JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information systems for criminal justice, and criminal justice related research and evaluation activities that will improve or enhance: • Law enforcement programs. • Prosecution and court programs. • Prevention and education programs. • Corrections and community corrections programs. • Drug treatment and enforcement programs. • Planning, evaluation, and technology improvement programs. • Crime victim and witness programs (other than compensation). Responsibilities The Chief Executive Officer (CEO) of an eligible unit of local government or a local agency designated by the CEO must submit the application for JAG funds. A unit of local government receiving a JAG award will be responsible for the administration of the funds including: distributing the funds; monitoring the award; submitting reports including performance measures and program assessment data; and providing ongoing oversight and assistance to any subrecipients of the funds. Administrative Funds A unit of local govemment may use up to 10 percent of the award, plus any interest accrued, for costs associated with administering JAG funds. Disparate Certification A disparate allocation occurs when a city or municipality is scheduled to receive one -and -one- half times (150 percent) more than the county, while the county bears more than 50 percent of the costs associated with prosecution or incarceration of the municipality's Part 1 violent crime. Multiple disparate allocations occur when multiple cities or municipalities are collectively eligible to receive four times (400 percent) more than the county. 2 * Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint application for the total eligible allocation. The joint application must specify the award distribution to each unit of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) that identifies which jurisdiction will serve as the applicant/fiscal agent for joint funds, must be completed, and signed by the Authorized Representative for each participating jurisdiction. The signed MOU should be attached to the application. For a sample MOU, go to www.oict.usdol.gov/BJA/orant/iaa09/09JAGMOU.pdf. Governing Body Review The applicant agency (fiscal agent) must make the grant application available for review by the governing body (or to the organization designated by the governing body) not fewer than 30 days before the application is submitted to BJA. Public Comment The Local JAG application must include a statement that the application was made public and that, to the extent of applicable law or established procedure, an opportunity to comment was provided to citizens and neighborhood or community organizations. Supplanting Federal funds may be used to supplement appropriated funds, in an effort to augment program activities. However, federal funds cannot replace or supplant nonfederal funds that have been appropriated for the grant's purpose. Award Amount The FY 2009 JAG Allocations List indicates the amount for which each unit of local government is eligible to apply. For a listing of eligible units of local government and eligible amounts, go to www.ojp.usdoj.qov/BJA/grant/09iagallocations.html. Length of Awards Awards are made in the first fiscal year of the appropriation and may be expended during the following 3 years, for a total of 4 years. Extensions may be granted at the discretion of the BJA Director and must be requested via GMS no less than 30 days prior to the grant's end date. Trust Fund Each unit of local govemment may draw down any and all JAG funds after acceptance of the award. To do so, a trust fund must be established in which to deposit the funds. The trust fund may or may not be an interest- bearing account. If subrecipients draw down JAG funds in advance, they also must establish a trust fund in which to deposit funds. Prohibited Uses No JAG funds may be expended outside of JAG purpose areas. Even within these purpose areas, however, JAG funds cannot be used directly or indirectly for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or public safety. Nor may JAG funds be used directly or indirectly to provide for any of the following matters unless BJA certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order: • Vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters). • Luxury items. 3 • Real estate. • Construction projects (other than penal or correctional institutions). • Any similar matters. Reporting Requirements • Once an award is accepted, quarterly financial status reports (SF -269s), quarterly performance metrics reports, and an annual progress report must be submitted to BJA. • For more detailed information on reporting and other JAG requirements, refer to the JAG FAQs. Match Requirement While match is not required with the JAG Program, match is an effective strategy for states and units of local government to expand justice funds and build buy -in for local criminal justice initiatives. Performance Measures To assist in fulfilling the Department's responsibilities under the Govemment Performance and Results Act of 1993 (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. In addition, applicants must discuss their data collection methods in the application. New performance measures have been developed by BJA with input from criminal justice members in the field (including SAAs). Performance measures for the JAG Program can be found at: www.oip.usdoi.aov/BJA/grant/JAG Measures.pdf. How to Apply Grants Management System Instructions. Applications must be submitted through OJP's online Grants Management System (GMS). To access the system, go to https://orants.oip.usdoi.gov. Applicants should begin the process a few weeks prior to the GMS registration deadline, especially if this is the first time they have used the system. Each application requires a separate GMS registration. For a step-by-step guide, visit http://www.oip.aov/gmscbt/ and refer to the section entitled "External Overview: Locating & Applying for Funding Opportunities." For additional assistance, call the GMS Help Desk at 1- 888-549-9901 from 7:00 a.m. to 9:00 p.m. e.t. Note: OJP will not review any application whose attachments are in Microsoft Vista or Microsoft 2007 format. Applications submitted via GMS must be in the following word processing formats: Microsoft Word (*.doc), Microsoft Excel files (*.xlm), PDF files (*.pdf), or Text Documents (*.txt). GMS is not yet compatible with Vista and cannot yet process Microsoft Word 2007 documents saved in the new default format with the extension ".docx." Please ensure the documents you are submitting are saved using 'Word 97-2003 Document (*.doc)" format. In addition, GMS does not accept executable file types as application attachments. These disallowed file types include, but are not limited to, the following extensions: ".com," ".bat," ".exe," ".vbs," ".cfg," ".dat," ".db," ".dbf," ".dll," ".ini," ".log," ".ora," " sys " and ".zip." CFDA Number: The Catalog of Federal Domestic Assistance (CFDA) number for this solicitation is 16.738, titled "Edward Byrne Memorial Justice Assistance Grant Program." 4 A DUNS number is required: The Office of Management and Budget requires that all applicants for federal funds include a DUNS (Data Universal Numeric System) number in their application. Applications without a DUNS number are incomplete. A DUNS number is a unique nine -digit sequence recognized as the universal standard for identifying and keeping track of entities worldwide, including those receiving federal funds. The identifier is used for tracking purposes, to assist federal agencies with transparency of federal funding, and to validate address and point of contact information for federal assistance applicants, recipients, and subrecipients. The DUNS number will be used throughout the grant life cycle. Obtaining a DUNS number is a free, simple, one-time activity. Obtain one by calling 1-866-705-5711 or by applying online at www.dunandbradstreet.com. What an Application Must Include Standard Form 424 Program Narrative (Attachment 1) Applicants must submit a program narrative that generally describes the proposed program activities for the 4 -year grant period. The narrative must outline the type of programs to be funded by the JAG award and provide a brief analysis of the need for the programs. Narratives must also identify anticipated coordination efforts involving JAG and related justice funds. Certified disparate jurisdictions submitting a joint application must specify the funding distribution to each disparate unit of local govemment and the purposes for which the funds will be used. Budget and Budget Narrative (Attachment 2) Applicants must submit a budget and budget narrative outlining how JAG funds, including administrative funds if applicable, will be used to support and implement the program. A sample budget form may be found at www.oip.usdoj.gov/funding/forms/budget detail.pdf. Review Narrative (Attachment 3) Applicants must include in this attachment documentation regarding the following requirements: • Include the date that the JAG application was made available for review by the governing body. This goveming body notification must occur no less than 30 days before submission to BJA. • Include a statement that the application was made public and that, to the extent of applicable law or established procedure, an opportunity to comment was provided to citizens and neighborhood or community organizations. • If the applicant is part of a disparate jurisdiction, include the Memorandum of Understanding (MOU), which has been executed and signed by each jurisdiction's Authorized Representative, outlining each jurisdiction's allocation and indicating which jurisdiction is serving as the applicant/fiscal agent for the joint funds. Abstract (Attachment 4) Applicants must provide an abstract that includes the applicant's name, title of the project, goals of the project, and a description of the strategies to be used. The abstract must not exceed a half -page, or 400-500 words. 5 Additional Requirements Successful applicants selected for award must agree to comply with additional applicable requirements prior to receiving grant funding. We strongly encourage you to review the list below pertaining to these additional requirements prior to submitting your application. Additional information for each can be found at www.ojp.usdoi.gov/funding/other requirements.htm. • Civil Rights Compliance • Funding to Faith -Based Organizations • Confidentiality and Human Subjects Protections Regulations • Anti -Lobbying Act • Financial and Govemment Audit Requirements • National Environmental Policy Act (NEPA) Compliance • DOJ Information Technology Standards • Single Point of Contact Review • Non -Supplanting of State or Local Funds • Criminal Penalty for False Statements • Compliance with Office of the Chief Financial Officer Financial Guide • Suspension or Termination of Funding • Non -Profit Organizations • Government Performance and Results Act (GPRA) • Rights in Intellectual Property • Federal Funding Accountability and Transparency Act (FFATA) of 2006 6