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HomeMy WebLinkAbout187-09 RESOLUTIONRESOLUTION NO. 187-09 A RESOLUTION AUTHORIZING THE FAYETTEVILLE POLICE DEPARTMENT TO ACCEPT A 2009 NON-MATCHING RECOVERY ACT JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF $456,807.00, $207,129.00 OF WHICH WILL BE USED BY THE FAYETTEVILLE POLICE DEPARTMENT FOR THE PURCHASE OF EQUIPMENT WITH $106,765.00 TO BE DISBURSED TO THE CITY OF SPRINGDALE AND $88,913.00 TO WASHINGTON COUNTY; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Fayetteville Police Department to accept a 2009 non-matching Recovery Act Justice Assistance Grant in the amount of $456,807.00, $207,129.00 of which will be used by the Fayetteville Police Department for the purchase of equipment, with $106,765.00 to be disbursed to the City of Springdale, and $88,913.00 to Washington County. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment recognizing the grant revenue. PASSED and APPROVED this 151 day of September, 2009. APPROVED: B ATTEST. By: SONDRA E. SMITH, City Clerk/Treasurer IVRK/TR'IS,, ;V• At- :FAYETTEVILLE• 41 QN Nsp:' iNG TON o0 G. Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements Ci/t/D9 9 City Council Meeting Date Agenda Items Only Patrol Division Action Required• Police Department Acceptance of the non-matching 2009 Recovery Act Justice Assistance Grant (JAG) Local Solicitation award and approval of a budget adjustment in the amount of $456,807. 456,807.00 Cost of this request 1010 -2920 -various Account Number 09017-1 Project Number Budgeted Item 456,807.00 Category / Project Budget JAG Recovery Solicitation - 2009 Program Category / Project Name Grant Funds Used to Date Program / Project Category Name 456,807.00 General Remaining Balance Fund Name Budget Adjustment Attached X s"\ ��S\ Previous Ordinance or Resolution # DepartmeDate Th9 City Attorney 4cd q mOI[3w� 09 ate Finance and Internal Services Director Date $-io -OS Date 141A, ate Original Contract Date: Original Contract Number: Comments: Revised January 15, 2009 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT To: Lioneld Jordan, Mayor and Fayetteville City Council From: Greg Tabor, Acting Chief of Police Date: August 7, 2009 Re: Acceptance of 2009 Recovery Act Justice Assistance Grant Local Solicitation Award Background The U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance has awarded the 2009 Recovery Act Justice Assistance Grant for local agencies. This award is based in part on population and violent crime rates and is given to Fayetteville, Springdale and Washington County to share. This grant does not require any local cash matching funds. Discussion The Fayetteville Police Department has been awarded $207,129 for the purchase law enforcement equipment not funded in recent budgets. The largest portion of this grant award will be spent outfitting all of our patrol officers with Tasers. Tasers are a critical component of any officer's arsenal to effectively subdue aggravated suspects without subjecting our officers and/or suspects to physical injury. Tasers purchased by the Fayetteville Police Department will have video capabilities. Please see budget detail worksheet for complete listing of equipment to be purchased. Within this grant, Springdale will receive $160,765 to purchase six (6) fully equipped marked patrol vehicles. Washington County will receive $88,913 to support the purchase of a fully equipped marked patrol vehicle, evidence drying cabinet, a breathe alcohol concentration (BAC) machine, and tasers for their field officers. Recommendation Staff recommends acceptance of the 2009 Recovery Act Justice Assistance Grant Local Solicitation award in the amount of $456,807.00 for the purchase of law enforcement equipment. If you should have any comments or question regarding this grant application, please contact me at extension 500. Budget Impact None 100-a West Rock Street, Fayetteville, Arkansas 72701 Phone: (479) 587-3555 Fax: (479) 587-3522 RESOLUTION NO. A RESOLUTION AUTHORIZING THE FAYETTEVILLE POLICE DEPARTMENT TO ACCEPT A 2009 NON-MATCHING RECOVERY ACT JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF $456,807.00, $207,129.00 OF WHICH WILL BE USED BY THE FAYETTEVILLE POLICE DEPARTMENT FOR THE PURCHASE OF EQUIPMENT WITH $106,765 00 TO BE DISBURSED TO THE CITY OF SPRINGDALE AND $88,913.00 TO WASHINGTON COUNTY; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Fayetteville Police Department to accept a 2009 non- matching Recovery Act Justice Assistance Grant in the amount of $456,807.00, $207,129.00 of which will be used by the Fayetteville Police Department for the purchase of equipment, with $106,765.00 to be disbursed to the City of Springdale, and $88,913.00 to Washington County. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment recognizing the grant revenue. PASSED and APPROVED this 18th day of August, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Edward Byrne Memorial JAG - Local Solicitation FY 2009 Budget Detail Worksheet Item D. Equipment City of Fayetteville Accident Reconstruction Equipment Cannondale Police Mountain Bikes Joint Firing Range Equipment Tint Meters Bar Code Upgrade Cop Logic Software EDMS Software VIDMICS Forensic video enhancement software Kid Print ID System L-tron Scanners Policy Management Software K-9 Mp5 Rifles Taser Cameras Tasers X26 City of Springdale Marked Patrol Vehicles Washington County Sheriffs Office Marked Patrol Vehicle Breathe Alcohol Concentration (BAC) Machine Tasers X26 w/ Cameras Criminal Evidence Drying Cabinet E. Supplies City of Fayetteville Evidence Drying Cabinet Filter Evidence Drying Cabinet Filter-I-IEPA Budget Total Computaiton 1 @ $2,000 plus tax 9 @ $1,700 plus tax 1 @ $2,500 plus tax 2 @ $145 plus tax 1 @ $5,000 plus tax 1 ® $17,000 plus tax 1 @ $6,000 plus tax 4 @ $700 plus tax 1 @ $17,000 plus tax I @ $7,588 plus tax 30 @ $450 plus tax I @ $16,415 plus tax 1 @ $9,000 plus tax 7 @ $1,792 plus tax 48 @ $400 plus tax 48 @ $975 plus tax Total Fayetteville Equipment Cost $ 2,185.00 16,299.25 2,731.25 316.83 5,381.25 18,101.25 6,441.25 3,049.25 18,101.25 8,124.52 14,391.25 17,481.15 9,621.25 13,377.89 20,433.25 49,689.25 $ 205,725.14 6 @ $26,794.16 $ 160,765.00 Total Springdale Equipment $ 160,765.00 1 @ $26,794.16 1 @ $7,535 plus tax 32 @ $1,375 plus tax 1 @ $5,565.32 plus tax Total Washington County Equipment Total Equipment 2 @ $500 plus tax 1 @ $285 plus tax Total Fayetteville Supplies Total Supplies $ 26,794.16 8,068.35 48,070.00 5,980.49 $ 88,913.00 1,092.50 311.36 1,403.86 Total $ 455,403.14 $ 1,403.86 $ 456,807.00 Budget Narrative (Attachment 2) A. Personnel None B. Fringe Benefits None C. Travel None D. Equipment City of Fayetteville Accident Reconstruction Equipment 52,000 plus tax $2,185.00 The Fayetteville Police Department will utilize $2,000 of grant funds to purchase accident reconstruction equipment, including but not limited to roller tape measures, fiberglass tape measures, spray paint, chalk, laptop computer, and accident diagramming software, to assist in diagramming both serious and fatal injury accident scenes. This equipment will also be used to investigate, diagram, and document other crime scenes such as homicides, rapes, robberies and other serious felonies. Police Mountain Bicycles 9 @ $1,700 plus tax $16,299.25 The Fayetteville Police Department Bike Patrol Unit was established in 1996 with officers responsible for patrolling our entertainment, downtown, park, trails and merchant areas on Cannondale police equipped mountain bikes. Our current bicycle fleet is thirteen years old and in need of replacement in order to continue this program. Nine (9) Cannondale Police Mountain Bicycles will be purchased for $1,700 each resulting in a total cost of $16,299.25 including tax. Joint Firing Range Equipment $2,500 plus tax $2,731.25 Joint Firing Range Equipment items to be purchased with these grant funds include a dueling tree target system, a portable hostage target, a portable plate rack target system, and a portable popper target. All of these items are the same brand system that Washington County Sheriffs Office has in place and all of these items will work with the current target systems. These targets are heavy duty and made from T-500 grade steel and are very bullet resistant to eliminate ricochets. The purchase of these targets will have a total cost of $2,731.25. Tint Meters 2 @ $145 plus tax $316.83 Window tint meters will be utilized by Fayetteville police officers who are responsible for traffic enforcement. These devices will assist officers in accurately determining the lawful levels of light transmission for motor vehicles with tinted windows as prescribed by Arkansas Code Annotated 27-37-306. Two (2) Window Tint Meters will be purchased for a total tax included cost of $316.83. Bar Code Scanner Upgrade $5,000 plus tax $5,38L25 The bar code upgrade is a system upgrade to our current evidence bar code scanning system. Our current scanners are no longer in production and support for repairs is limited. The cost for this upgrade is $5,381.25. CopLogic Software $17,000 plus tax $18,101.25 CopLogic software is a desk officer online reporting system the offers citizens a convenient way to report minor incidents, crime tips, submit forms, etc. through an online service available 24 hours a day, 7 days a week and increases officer efficiency. This software and licenses will have a total purchase price of $18,101.25. EDMS Software License $6,000 plus tax $6,441.25 The Police Department has begun to make use of the City's Electronic Data Management System (EDMS) for digitally storing and indexing items previously handled in paper format only by sharing a software license with our Accounting Office. These EDMS items include arrests, warrants, tickets, officer daily reports, and payroll. These grant funds will be used to purchase a EDMS software users license dedicated to the Police Department for a total purchase price of $6,441.25. VIDMICS 4 @ $700 plus tax $3,049.25 The VIDMIC is a fully operational shoulder microphone, still photo camera, and digital audio/video recorder wrapped into one device. The VIDMIC will be utilized by Fayetteville police officers for documentation and accountability. Grant funds will be used to purchase four (4) VIDMICs at a total purchase price of $3,049.25. Forensic Video Enhancement $17,000 plus tax $18,10L25 The forensic video enhancement system will allow investigators to enhance images of surveillance photographs and video. The system will have the ability to change a VHS or 35mm image format to digital and then enhance the images. The purchase of this system will cost a total of $18,101.25. Kid Print ID System $7,588 plus tax $8,124.52 The Kid's ID Print System has been in use by the Fayetteville Police Department for over seven years, and can not be updated nor maintained. This is a highly used system that provides identification of over 600 children per year. $8,124.52 of grant funds will be used to purchase a new system so that this program can continue. L-tron Scanners 30 @ $450 plus tax $14,391.25 L-tron scanners are hand-held 2-D bar code scanners used to retrieve data for populating electronic data fields within our e -Ticketing System and accident reporting forms. Funds will be used to purchase one scanner for each of our 30 patrol vehicles at a total cost of $14,391.25 Policy Management Software $16,415 plus tax $17,481.15 With well over one hundred sworn officers, policy revisions have become a laborious endeavor involving tasks by several people. Policy management software will enable the review and revision process to be completed in a less timely and more efficient manner. The total cost for this system will be $17,481.15. K-9 $9,000 plus tax $9,621.25 The Fayetteville Police Department K -9s are utilized to assist police officers to track suspects, search for articles or evidence of a crime, conduct building searches, assist in the arrest or apprehension of felons, search for lost persons, and detect the presence of narcotics. One of our dogs is scheduled to retire in 2009 due to age and health issues, and this K-9 will need to be replaced in order to continue this program. The $9,621.25 cost of the K-9 includes training of the dog and its' handler. Tactical Team Weapons 7@ $1,792 plus tax $13,377.89 Our tactical team weapons are over 10 years old and are in need of replacement. These grant funds will be used to purchase seven (7) MP5 or AR15 Rifles at a total cost of $13,377.89 Taser Cameras 48 @ $400 plus tax $20,433.25 The Taser Cam will be used by Fayetteville police officers as a means of documentation and accountability each time the Taser X26 weapon is utilized. Forty-eight (48) Taser Cams will be purchased at a total cost of $20,433.25. Tasers X26 48 @ $975 plus tax $49,689.25 The Taser X26 is designed to incapacitate suspects by transmitting electrical pulses into the body affecting the sensory and motor functions of the peripheral nervous system. This weapon will be assigned to uniformed personnel, and the Taser X26 will help reduce injuries to both suspects and our law enforcement officers. Total costs to purchase forty-eight (48) Taser X26's will be $49,689.25. City of Springdale Marked Patrol Vehicles 6 @ $26,794.16 $160,765.00 All of Springdale's $160,765 in grant funding will be used to purchase six (6) new fully equipped marked patrol vehicles. These vehicles are replacements, and not an addition to our fleet. With these replacement vehicles, Springdale should see a savings in fuel and maintenance costs along with a reduction in our carbon footprint in the city. Washington County Marked Patrol Vehicle 1 @ $26,794.16 $26,794.16 As stated above, the fully equipped marked patrol vehicle will cost $26,794.16. BAC Machine 1 @ $7,535 plus tax $8,068.35 The Breathe Alcohol Concentration (BAC) machine is an unfunded mandated upgrade by the State of Arkansas and will cost Washington County a total of $8,068.35. Taser X26 w/ Cameras 32 @ $1,375 plus tax $48,070.00 As stated above, the Taser X26 with camera will be assigned to uniformed personnel, and the Tasers will help reduce injuries to both suspects and our law enforcement officers. Total costs to purchase thirty-two (32) Taser X26's with cameras will be $48,070.00. Criminal Evidence Drying Cabinet $5,565.32 plus tax $5,980.49 The evidence drying cabinet is used by crime scene investigators to dehydrate moistened evidence for secure transportation and minimize the possibility of contamination of evidence. This evidence drying cabinet has a total purchase price of $5,980.49. TOTAL EQUIPMENT $455,403.14 E. Supplies City of Fayetteville Evidence Drying Cabinet Filter 2 @ $500 plus tax $1,092.50 Evidence Drying Cabinet Filter-HEPA 1 @ $285 plus tax $ 311.36 The DrySafe Forensic Evidence Drying Cabinet requires two filters, #ACF300S and #ACFHEPA. These filters clean the incoming "drying" air and clean the exhaust, protecting employees from toxic chemicals and fumes. Filter #ACF300S typically last six to nine month and costs $500 per filter resulting in the need to purchase two filters at a total tax included cost of $1,092.50. Filter #ACFHEPA typically last eighteen months and costs $367.33 tax included. TOTAL SUPPLIES $1,403.86 F. Construction None G. Consultants/Contracts None H. Other None I. Indirect Costs None Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington, D.C. 20531 August 6, 2009 The Honorable Lioneld Jordan City of Fayetteville 100-A West Rock Street Fayetteville, AR 72701 Dear Mayor Jordan: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice 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 $456,807 for City of Fayetteville. 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, Gerardo Velazquez, Program Manager at (202) 353-8645; 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, James H. Burch II Acting Director Enclosures Department of Justice Office of Justice Programs Office for Civil Rights Washington, D.C. 2053/ August 6, 2009 The Honorable Lioneld Jordan City of Fayetteville 100-A West Rock Street Fayetteville, AR 72701 Dear Mayor Jordan: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Agai Women (OV W), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statu 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 se benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services 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.O. § 2000d, recipi Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons wit English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language servic LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, 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 Ag to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the relig composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the Department of Justice to fund inhere religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must be held sepa from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equ Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not perp discriminate in the provision of services oh the basis of a beneficiary's religion. For more information on the regulation, please see 0 website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of C Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religiou Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith - organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering reli when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment de by grantees. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the numb employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipien are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing equitably to all segments of their service population and that their employment practices meet equal employment opportunity standa 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 gr program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the developmen Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 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 g program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. 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 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 a make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and retur OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the am 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 retum it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against yo organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submi 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 t applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Finding Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard g 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 (20 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, 7,144"-/ a. -- Michael L. Alston Director ,tiro,.: Department ofJustice Office of Justice Programs c s �' '- Bureau of Justice Assistance Grant PAGE I OF 9 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2009 -SB -B9-2950 City of Fayetteville 100-A West Rock Street Fayetteville, AR 72701 5. PROJECT PERIOD: FROM 03/01/2009 TO 02/28/2013 BUDGET PERIOD: FROM 03/01/2009 TO 02/28/2013 6. AWARD DATE 08/06/2009 7. ACTION Initial IA. GRANTEE IRSNENDOR NO. 716018462 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT S 0 3. PROJECT TITLE 2009 JAG Local Solicitation 10. AMOUNT OF THIS AWARD S 456,807 11. TOTAL AWARD S 456,807 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 (BM -Byrne JAG) Pub. L. No. 111-5, 42 USC 3750-3758 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL James H. Burch II Acting Director 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Lioneld Jordan Mayor 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNA OF AUTHORIZED RECIPIENT OFFICIAL I9A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT 9 B SB 80 00 00 456807 21. ISBUGT2S66 OW FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2009 -SB -B9-2950 AWARD DATE 08/06/2009 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 of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, 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 I) 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 of Justice 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. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 3 OF 9 PROJECT NUMBER 2009 -SB -B9-2950 AWARD DATE 08/06/2009 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 IT 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. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 4 OF 9 PROJECT NUMBER 2009 -SB -39-2950 AWARD DATE 08/06/2009 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 place 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/about/ocriequal_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. Tn 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.oj p.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 employed‘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. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2009 -SB -B9-2950 AWARD DATE 08/06/2009 PAGE 5 OF 9 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 funds) separately from all otheffunds, 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/ffr.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. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2009 -SB -B9-2950 AWARD DATE 08/06/2009 PAGE 6 OF 9 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 215.21, "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 I11 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 first-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 online at www.FederalReporting.gov and ensure that any information that is pre -filled is corrected or updated as needed. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2009 -S8 -B9-2950 AWARD DATE 08/06/2009 PAGE 1 OF 9 SPECIAL CONDITIONS 23. RECOVERY ACT— Provisions of Section I512(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 govemment, 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 OW. 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. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PROJECT NUMBER 2009 -SB -69-2950 AWARD DATE 08/06/2009 PAGE 8 OF 9 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) thatfurther 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 concerning this condition, including its applicability to particular circumstances. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2009 -SB -B9-2950 AWARD DATE 08/06/2009 PAGE 9 OF 9 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 1513(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. _ _ Department of Justice Office of Justice Programs Bureau of Justice Assistance Memorandum To: Official Grant File From: Subject: Washington, D.C. 2053/ Maria A. Berry, NEPA Coordinator Incorporates NEPA Compliance in Further Developmental Stages for City of Fayetteville 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.gov/BJA/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. :i •.,, t�4•- .' • ,.. • 2 Department of Justice Office ofJustice Programs Bureau of Justice Assistance GRANT MANAGER'S MEMORANDUM, PT. 1: PROJECT SUMMARY Grant PROJECT NUMBER 2009-SB-89-2950 PAGE 1 OF I This project is supported under FY09 Recovery Act (BJA-Byrne JAG) Pub. L. No. 111-5, 42 USC 3750-3758 1. STAFF CONTACT (Name & telephone number) Gerardo Velazquez •(202) 353-8645 2. PROJECT DIRECTOR (Name, address & telephone number) Judy Cohea Project Manager 100-A West Rock Street Fayetteville, Alt 72701-6191 (479) 587-3581 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 2009 JAG Local Solicitation 5. NAME & ADDRESS OF GRANTEE City of Fayetteville 100-A West Rock Street Fayetteville, AR 72701 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 03/012009 TO: 02/28/2013 8. BUDGET PERIOD FROM: 03/01/2009 TO: 02/28/2013 9. AMOUNT OF AWARD E 456,807 10. DATE OF AWARD 08/062009 I1. 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) 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. 3751(a). 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 and other infrastructure That will provide long-tens 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 the use of taxpayer dollars. The protection, in OJP FORM 4000/2 (REV. 4-88) 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 10 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 Fayetteville City, Springdale City, and Washington County will use their Recovery Act JAG funds to support both cities' police despartments, and the Washington County Sheriffs Department. The Fayetteville Police Department will purchase accident reconstruction equipment, nine mountain bicycles, firing range equipment, seven rifles, 48 lasers, 48 taser cameras, one canine, and a variety of law enforcement equipment and software. The city of Springdale will purchase six marked patrol vehicles. The Washington County Sheriffs Department will purchase I marked patrol vehicle, one Breathe Alcohol Concentration (BAC) Machine, 32 lasers with cameras and one Criminal Evidence Drying Cabinet. The projects will increase officer safety and assist allow officers to serve the general public more efficiently. NCA/NCF City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2009 Department: Police Division: Police Program: Police/Animal Projects Date Requested 8/18/2009 Adjustment Number Project or Item Added/Increased: 2009 Recovery Act Justice Assistance Grant (JAG) Local Solicitation Project or Item Deleted/Reduced: 2009 Recovery Act Justice Assistance Grant (JAG) Local Solicitation Justification of this Increase: Non-matching grant funds for the purchase of law enforcement equipment. Justification of this Decrease: Recoginze grant revenue from the 2009 Recovery Act JAG Local Solicitation award. • Account Name Account Name Ir3crease Budget Account Number Decrease Budget Account Number Amount see attached Amount see attached Project Number Project Number Division Head dgetDir .r Departm Finance Director [�J�,, r ch Date r�Date S 1_�� Date S—lo-2po9 Date b`w Vcr Date Type: V.090403 Budget & Research Use Only A B C E Requested By General Ledger Date Posted to General Ledger Initial D ate Budget Adjustment Detail Backup 0 \N- CO 0.3 • 0 in cr. \\ 0 0 CO 0 CNI • \ ) §! • • CO CO c § f!3$ «c/)e o 02I— c e \ S j. rlim 2 ( COTY\ % 8 ITS co\ 11.1 co LE \ k \: \ � \ k ! \ / § k \ ) ./ G. Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements Contract Review City Council Meeting Date Agenda Items Only Patrol Division Action Required: w 1 va--►- t Police Department Accept contract from Policytechnologles International, Inc. for the purchase of software to manage creation and disbursement of Fayetteville Police Department Policies and Proceedures. The cost of this software is $10,475 plus use tax of $711.00 totaling $11,186.00 11.186.00 Cost of this request" 1010.2920-5416.00 1010-2920-5801.00 Account Number 09017-1 Project Number 456,807.00 $ Category / Project Budget 7,135.00 JAG Recovery Solicitation - 2009 Program Category! Project Name Grant Funds Used to Date Program / Project Category Name 449,672.00 General Remaining Balance Fund Name Budgeted hem X Budget Adjustment Attached Depart m> FF5 nwtor Date City Attorney Finnce and Internal Services Director yo Date 16-16-9tmy Date (o- /(vi2 Date 4170? Dat Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 187-09 Comments: Revised January 15, 2009 FAYETTEVILLE THE CM OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Contract Review Committee From: Greg Tabor, Chief of Polio Date: October 13, 2009 Re: Policy Management Software Recommendation: Staff seeks approval of order to purchase software from Policy Technologies, International. Background and Discussion: The Fayetteville Police Department currently manages its policies and procedures using outdated methods. As the department moves forward to seek accreditation, it is recommended that policy management be conducted electronically. Policy management software will allow the department to more efficiently create, maintain and distribute policy documents to its personnel. Budget Impact: The software licenses, annual maintenance fee and implementation package will cost $11,186.00. Quotes (see attached) obtained from other companies came in considerably higher than that of Policy Technologies, International. Funding for this purchase was obtained through a Justice Assistance Recovery Grant, which was formally accepted by City Council on August 18, 2009. 1 policytechnologies INTERNATIONAL INC. / www.policytech.com Order to Purchase Software and Acknowledgement of Software License & Services Agreement Name of Licensee: Fayetteville Police Department Address: 113 West Mountain Street, Fayetteville, AR 72701 City Contract Type: A The City of Fayetteville, AR (acting in behalf of the Fayetteville Police Department) is purchasing 5 concurrent -user licenses for the Policy & Procedure Manager ("PPM") software (owned by Policy Technologies International, Inc. "PolicyTech"), together with specific support services. The City hereby agrees to the terms of this Order and the PolicyTech Software License & Service Agreement ("SLA"). The pricing for this PPM license, annual maintenance fee, implementation package and other charges is as follows: Purchase Price 5 -Concurrent Perpetual User Licenser $5,400 Annual Maintenance Fee $1,080 Implementation Services $3,995 Total Purchase Price (in U.S. Dollars): $10,475 Notes — Purchase of PPM Licenses, Annual Maintenance/Support and Implementation Services: 1) Annual Maintenance Fee ("AMF" = 18% of **List License cost) is renewable annually in advance on the anniversary date of this Order. The City must be current in paying AMF to be eligible for software upgrades and updates during the term of maintenance and support. If the City is not current in AMF reinstatement fees may apply. Service Terms may be found at http:/Aw .v policvlech.com/oroducts/oolicv-orecedure-software/resources.cfm . "List License Fee for 5 -concurrent perpetual licenses is 96,000 The Annual Maintenance Fee covers the following • One hour of technical support during installation and "go live' set up; • Access to weekly online training classes; • E-mail and phone support during PolicyTech business hours (8:00 a.m. to 5:00 p.m., Mountain Time). • Administrative training: two hours of online training for document control administrators and key users. • Two hours of online implementation planning consulting. 2) Implementation Services Include: • Online Installation • One day of Onsite Implementation • Four hour of online training/consultation assistance Payment Terms: The City promises to pay the Purchase Price "net 30 days" — i.e., within 30 calendar days of the date the City signs this Order. If the City uses purchase orders, such authorization shall be attached to this Order: Purchase Order #: (Other payment instructions: Licensor/PolicyTech Contact Information: 346 Grand Loop, Suite 200 P.O. Box 1029 Rexburg, ID 83440 Sales Support: Scott Dixon Phone #: (208) 359-8123 ext. 710 Fax #: (208) 361.0203 Email address: sdixon(dipolicytech.com Implementation Coordinator: Maria Poole Phone #: (208)359-8123 ext. 560 Fax #: (208)275-8022 Email address: mpoole(alpolicytech.com Service Support Phone #: (208) 359-8123 option 2 Fax #: (208) 275-8022 Email address: support(alpolicytech.com Hours of Operation: 8am to 5pm MT Hours of Operation Sam to Spm MT Hours of Operation: Sam to 5pm MT 1 PPM is "concurrent -user" licensed software. A five concurrent -user license allows only five simultaneously logged -on users to access the software at the same time. Purchasers of PPM should buy the number of licenses that will adequately serve the estimated number of concurrent users they will need. Page 1 of 1