HomeMy WebLinkAbout10/21/2008 12 Department of Justice Federal Funds; Bureau of Justice Assistance Agreement BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 1
For Meeting of October 21, 2008
ITEM TITLE: Resolution Authorizing Acceptance of Federal Funds Through the Department
of Justice, and Authorizing Corresponding Agreement with the Bureau of
Justice Assistance.
SUBMITTED BY: Samuel Granato, Chief of Police
CONTACT PERSON/TELEPHONE: Kelly Rosenow, Deputy Police Chief — 575 -6210
SUMMARY EXPLANATION:
The City has proposed to the US Department of Justice a three -year crime prevention /intervention
program to coordinate with police emphasis patrol sweeps in targeted high crime neighborhoods.
Congress has mandated the DOJ Bureau of Justice Assistance to make available $335,381.00 to the
City of Yakima to facilitate the project. The attached resolution authorizes the City Manager to act as
the official representative to accept the grant.
The funds will be used for wages and benefits for a full -time gang prevention officer to coordinate the
Yakima GREAT program, to compensate Codes Enforcement project related overtime and to contract for
crime prevention and public awareness programs.
These federally mandated funds require no local matching funds
Resolution X Ordinance Contract Other (Specify)
Funding Source: Federal Mandate Award #2008 -DD-BX -0482
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt resolution authorizing acceptance of federal funds
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
•
• RESOLUTION NO. R -2008-
A RESOLUTION ratifying acceptance of federal funding in the amount of
$335,381.00 from the United States Department of Justice, Bureau
of Justice Assistance, for a three -year crime suppression and
prevention project titled "Second Chance Yakima ", and
designating and authorizing the City Manager to act as the official
representative of the City of Yakima and to take such additional
steps, including but not limited to execution of all necessary
documents and contracts as may be necessary and prudent to
complete transactions associated with the grant.
WHEREAS, the U.S. Department of Justice has funds available to the City of
Yakima in the amount of $335,0381.00 to cover costs associated with implementing a
three -year crime suppression and prevention project in high crime neighborhoods, and
WHEREAS, the Bureau of Justice Assistance (BJA) will administer the funds
on behalf of the City of Yakima Police Department, and
WHEREAS, the City Council of the City of Yakima holds that crime prevention
and public education are necessary to effectively reduce crime, and
410 WHEREAS, the Second Chance Yakima project allows for increased crime
prevention programs and technology in high crime neighborhoods, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The City of Yakima and the Police Department are hereby authorized to
accept $335,381.00 Byrne Memorial funds from the U.S. Department of
Justice, Bureau of Justice Assistance.
2. The City manager is hereby designated as the official representative for the
City for this funding, and is authorized and directed to accept the grant and
to take all necessary steps and execute all necessary documents and
contracts related to the funding on behalf of the City of Yakima.
ADOPTED BY THE CITY COUNCIL this day of , 2008.
David Edler, Mayor
ATTEST:
• City Clerk
Department of Justice
' Office of Justice Programs
Office of the Assistant Attorney General Washington, D.C. 20531 •
September 8, 2008
•
Mr. Richard Zais
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Dear Mr: Zais:
On behalf of Attorney General Michael B. Mukasey, it is my pleasure to inform you that the Office of Justice Programs has
approved your application for funding under the FY 08 Congressionally Mandated in the amount of 5335,381 for City of
Yakima
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely. submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
- Program Questions, Jeffrey S. Felten - Green, Program Manager at (202) 514 -8874; and
• - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at
(800) 458 -0786, or you may contact the CSC at ask.ocfo@usdoj.gov.
- Congratulations, and we look forward to working with you.
Sincerely,
Jeffrey L. Sedgwick
Acting Assistant Attorney General
Enclosures
•
Department of Justice
•
7 _ i Office of Justice Programs
<•r:« Office for Civil Rights
Washington U.C. 20531
September 8, 2008
Mr. Richard Zais
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Dear Mr. Zais:
Congratulations on your recent award 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 OJP, its component offices and bureaus, the Office on Violence Against
Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or
benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to
LEP individuals, please see the website at httpJ /www.lep.gov.
Ensuring Equal Treatment for Faith -Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
to treat these organizations the same as any other applicant or recipient The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious
composition of its board of directors.
The regulation also prohibits faith -based organizations from using financial assistance from the Department of Justice to fund inherently
religious activities. While faith -based organizations can engage in non - funded inherently religious activities, they must be held separately
from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal
Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's
website at http:// www.ojp.usdoj.gov /ocr /ettbo.htm
State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employment Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious
Freedom Restoration Act (RFRA) is reasonably construed, on a case- by-case basis, to require that its funding agencies permit faith -based
organizations applying for funding under the applicable program statutes both to receive 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 Civil Rights Laws
g g
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. § 42301 -308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. §§ 42.205(5) or 31.202(5)).
1) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant
program requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 68 days from the
date of this letter. For assistance in developing an EEOP, please consult OCR's website at httpi/ 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 S500,000 and has 50 or more employees, your organization still has to prepare
an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and
make it available for review on request In addition, your organization has to complete Section B of the Certification Form and return it to
OCR. The Certification Form can be found at http:// www.ojp.usdoj.govlocr /eeop.htm.
If your organization received an award for less than 525,000; or if your organization has less than 50 employees, regardless of the amount of
the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your
organization is exempt from the EEOP requirement However, your organization must complete Section A of the Certification Form and
return it to OCR. The Certification Form can be found at httpJ/ www.ojp.usdoj.gov /ocr /eeop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
. If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of
Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-
0690 or visit our website at http: //www.ojp.usdoj.gov /ocr /.
Sincerely,
Michael L. Alston
Director
•
cc: Grant Manager
Financial Analyst
Department of Justice
Office of Justice Programs
Office of the Chief Financial Officer
Washington, D.C. 20531
September 8, 2008
Mr. Richard Zais
City of Yakima
129 N. 2nd Street
•
Yakima, WA 98901
Reference Grant Number. 2008 -DD-BX -0482
Dear Mr. Zais:
I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in
the cost categories identified below:
Category Budget
Personnel $179,737
Fringe Benefits 820,263
Travel $0
Equipment 80
Supplies $5,381
Construction $0
Contractual $120,000
Other $10,000
Total Direct Cost $335,381
Indirect Cost $0
Total Project Cost $335,381
Federal Funds Approved: $335,381
Non - Federal Share: $0
Program Income: SO
Match is not required for this grant program.
All Sole Source procurement in excess of 8100,000 requires written justification and the prior approval of OJP.
If you have questions regarding this award, please contact
- Program Questions, Jeffrey S. Felten -Green, Program Manager at (202) 514 -8874
- Financial Questions, the Office of Chief Financial Officer, Customer Service Center(CSC)
at (800) 458-0786, or you may contact the CSC at ask.ocfo @usdoj.gov.
Congratulations, and we look forward to working with you. -
Sincerely,
r' "?
•
, ,fi t . ,.�. �.. Department of Justice
Office of Justice Programs
J� ,:
, P AGE 1 OF 2
ny .4 a , : " Bureau of Justice Assistance Grant
1. RECIPIENT NAME AND ADDRESS (Including Zip Codc) 4. AWARD NUMBER 2008- DD-BX-0482
City of Yakima
129 N. 2nd Street 5. PROJECT PERIOD: FROM 09/012008 TO 08/312011 .
Yakima, WA 98901
BUDGET PERIOD: FROM 09/012008 TO 08/312011
6. AWARD DATE 09/08/2008 7. ACTION
IA. GRANTEE IRS/VENDOR NO. 8. SUPPLEMENT NUMBER Initial
916001315 00
9. PREVIOUS AWARD AMOUNT S 0
3. PROJECT TITLE . 10. AMOUNT OF THIS AWARD S 335381
Second Chance Yakima -
11. TOTAL AWARD S 335,381
12. SPECIAL CONDITIONS -
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S). -
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FY08(BJA - Byrnc Discretionary Gram) P.L 110 -161 '
•
5. METHOD OF PAYMENT
PAPAS .
AGENCY APPROVAL GRANTEE ACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
JctErcy L Scdgwick Richard Zais
Acting Assistant Attorney Gcncral City Memgcr
rn
17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE
-C...... N.: . ' ,. .) . \G\N;Th--D \\ -'\'....)
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES 21. HD I UGT0129
FISCAL FUND BUD. DIV. .
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DI 80 00 00 335381
•
OJP FORM 40002 ( REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 40002 (REV. 4-88)
ID
Department of Justice
Office of Justice Programs AWARD CONTINUATION
i ' Bureau of Justice Assistance SHEET PAGE 2 OF 2
o
co' °a Grant
•
PROJECT NUMBER 2008- DD- BX-0482 AWARD DATE 09/082008
SPECIAL CONDITIONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42302), 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 Organizat ions, 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 finds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP.
5. No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any
employee of the grantee whose total annual cash compensation exceeds 110% of the maximum salary payable to a
member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance
Appraisal System for that year.
6. All contracts under this award should be competitively awarded unless circumstances preclude competition. When a
•
contract amount exceeds $100,000 and there has been no competition for the award, the recipient must comply with
rules governing sole source procurement found in the current edition of the OJP Financial Guide.
7. Prior to the expenditure of confidential funds, the recipient and any subrecipients agree to sign a certification indicating
that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund
expenditures as set forth in the OJP Financial Guide.
OJP FORM 40002 (REV. 4-8B) •
• Department of Justice
5 ` ' Office of Justice Programs
` `4
Bureau ofJustice Assistance
Washington, D.C. 20531
-
Memorandum To: Official Grant File
From: Maria A. Berry, Environmental Coordinator
Subject: Categorical Exclusion for City of Yakima
Awards under this program will be used to develop national demonstration, training, and technical
assistance programs.
None of the following activities will be conducted whether under the Office of Justice Programs federal
action or a related third party action:
1) New construction.
2) Renovation or remodeling of a property either (a) listed on or eligible for listing on the National
Register of Historic Places or (b) located within a 100 -year flood plain.
ip (3) A renovation which will change the basic prior use of a facility or significantly change its size.
(4) Research and technology whose anticipated and future application could be expected to have an effect
on the environment.
(5) Implementation of a program involving the use of chemicals. ..
Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical
exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of the Code of Federal Regulations.
Additionally, the proposed action is neither a phase nor a segment of a project which when reviewed in
its entirety would not meet the criteria for a categorical exclusion.
110
p -, . , r Dep of ennt J P s c GRANT MANAGER'S MEMORANDUM, PT. I:
"" PROJECT SUMMARY
1,-:
_'' € Bureau of Justice Assistance
r.� Grant .,
PROJECT NUMBER
• 2008- DD- BX-0482 PAGE 1 OF 1
This project is supported tinder FY08(BJA - Byrne Discretionary Grants) P.L. 110 -161
1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number)
Jeffrey S. Felten -Green Tam Foley •
(202) 514 -8874 Lietriet
129 N. 2nd St
Yakima, WA 98901 -2613
(509) 576-6369
3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS
Congressionally Mandated Award ON REVERSE)
4. TITLE OF PROJECT
Second Chance Yakima
5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE
•
City Yakima 40
129 N. . god Street
Yakima, WA 98901
•
7. PROGRAM PERIOD 8. BUDGET PERIOD
FROM: 09 /01/2008 T0 : 08/31/2011 FROM: 09 /01/2008 TO: 08/31/2011
9. AMOUNT OF AWARD 10. DATE OF AWARD
S 335,381 09/08/2008
•
•
11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT ,
•
15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
The Edward Byrne Memorial Discretionary Grants Program (Byrne Discrc4onaty Program) helps local communities improve the capacity of local justice systems
and provides for national support efforts. This project is authorized aid funded through a line item in the FY 08 Congressional Budget. Funds should be used for
purposes recommended by Congress.
The city of Yakima will use the grant fiords to support Yakima's Second Chance Program, a program designed to reduce crime through special mrphasis patrol
sweeps. The Yakima Police Department will conduct sweeps during peak crime hovers in high crime areas, establish Block Watch Programs in high crime
neighborhoods, and walk with landlords to establish a fully operational Crime-Free Rental Housing Program
NCA/NCF
•
OJP FORM 40002 (REV. 4-88)
III