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