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HomeMy WebLinkAbout5332 ORDINANCE NO. 5 3 3 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FROM FUNDING UNDER THE LOCAL LAW ENFORCEMENT BLOCK GRANTS (LLEBG) PROGRAM WHICH GRANT HAS BEEN APPROVED BY THE BUREAU OF JUSTICE ASSISTANCE, OFFICE OF JUSTICE PROGRAMS, U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF FORTY EIGHT THOUSAND EIGHT HUNDRED SEVENTY-FIVE DOLLARS ($48,875.00) FOR THE PURPOSE OF REDUCING CRIME AND IMPROVING PUBLIC SAFETY AS DESCRIBED IN THE STATUTE; PROVIDING FOR A LOCAL CASH MATCH IN THE AMOUNT OF FIVE THOUSAND FOUR HUNDRED THIRTY-NINE DOLLARS ($5,439.00); CONTINUING THE LOCAL LAW ENFORCEMENT BLOCK GRANTS TRUST FUND AND APPROVING THE APPROPRIATION AND EXPENDITURE OF THE GRANT FUNDS. WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and WHEREAS, the City Council of the City of Auburn certifies compliance with applicable civil rights law; and WHEREAS, the City Council has established a "Trust Fund" by Ordinance No. 4930 for the Local Law Enforcement Block Grant Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. Pursuant to Chapter 35A.33. RCW, the City Council hereby accepts Grant Number 1999-LB-VX-7277, in the amount of Forty-eight Thousand Eight Hundred Seventy-five Dollars ($48,875.00) from the Ordinance No. 5332 December 27, 3.999 Page I U.S. Department of Justice and authorizes the deposit of said grand funds in the City of Auburn's Local Law Enforcement Block Grant Trust Fund established for such purpose. Section 2. The City Council hereby approves the expenditure and appropriation of Forty-eight Thousand Eight Hundred Seventy-five Dollars ($48,875.00) from the Local Law Enforcement Block Grants (LLEBG) Program approved by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice to reduce crime and improve public safety. Section 3. The City Council agrees to provide local cash matching funds in the amount of Five Thousand Four Hundred Thirty-nine Dollars ($5,439.00) over the grant period. Section 4. The City Council authorizes the Finance Director to continue the interest bearing trust fund specifically designated as "Local Law Enforcement Block Grants Program" in which the Bureau of Justice Assistance will deposit all payments received under this grant award, and allowable program expenses paid from this account according to U.S. Department of Justice Grant Award No. 1999-LB-VX-7277. Section 5. Implementation. The Mayor of the City of Auburn is hereby authorized to implement and enter into any agreements or contracts as may be necessary to carry out the directives of this legislation. Ordinance No. 5332 December 27, 1999 Page 2 Section 6. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. Section 7. Effective Date, This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: a'az-zuazy' 3, 2000 PASSED: aanua_--? 3, 2000 APPROVED: ,.Tamuaz7 3, 2000 CHARLES A. BOOTH MAYOR Ordinance No. 5332 December 27, 1999 Page 3 ATTEST: Da~me~le E. Daskam City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: /- ~- W~)~ Ordinance No. 5332 December 27, 1999 Page 4 Minutes Local Law Enforcement Block Grant Advisory Committee October 28, 1999. The Local Law Enforcement Block Grant Advisory Committee convened at 9:35 AM on October 28, 1999 in Conference Room 2 at Auburn City Hall Committee Representatives Present: Marion Dukes Police Department Pat O'Kelley Block Watch Program Volunteer Tim Cummins Auburn School District Gary Benton Auburn Youth Resources Karen Gulliver Prosecutor's Office Brenda Heineman Court Staff: AI Hicks City of Auburn Planning Department AI Hicks reviewed the Local Law Enforcement Block Grant Program and the purpose of the grant. Marion Dukes expressed that the police advocated using the grant to pay'for overtime for officers engaged in community policing. The Commander Dukes explained that Community Policing enabled police officers to work in specific neighborhoods for a protracted period of time, become knowledgeable about their neighborhoods and develop relationships with residents and businesses. Developing a rapport with the neighborhood enables officers to problem solve with residents as well as build trust and communication while enhancing the officer's ability to recognize those conditions requiring a law enforcement response. Much of this work is performed in addition to the regular duties of police officers. Moved by Tim Cummins to recommend use of the 1999 Local Law Enforcement Block Grant for overtime costs for officers engaged in Community Oriented Policing programs. Seconded: Marion Dukes Approved unanimously ~*~ U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of the Director washington. D.C. 20531 September 30, 1999 Mr. Charles Booth Mayor, Aubum City 25 West Main Auburn, WA 98001 RE: Fiscal Year 1999 Local Law Enforcement Block Grants Program Dear Mr. Booth: I am pleased to inform you that I have approved the application for funding under the Bureau of Justice Assistance's 0i!JA) Fiscal Year 1999 Local Law Enforcement Block Grants (LLEBG) Program in the amount of $48,875 for Auburn City. The purpose of the LLEBG Program is to reduce crime and improve public safety. This Block Grant Award may be used for any of the purpose areas described in the statute. Enclosed you will find the Grant Award and Special Conditions documents. If you have any programmatic questions regarding this award, please contact BJA's State and Local Assistance Division at (202) 514-6638. In addition, all financial questions regarding this award should be directed to the Office of the Comptroller, Customer Service Division at (800) 458-0786. I look forward to a continuing partnership with Aubum City in furtherance of this important criminal justice program. Sincerely yours, Nancy E. Gist Director Attachments ;~~ U.S. Department of Justice Office of Justice Programs Office for Civil Rights P/ashington, D.C. 20531 September 30, 1999 Mr. Charles Booth Mayor, Auburn City 25 West Main Auburn, WA 98001 Dear Grant Recipient: Congratulations on your recent award. Because you have submitted Certified Assurances that your agency is in compliance with applicable civil fights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. sec. 42.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 Seventh Street, N.W., Room 5107, Washington, D.C. 2.0531. Additional Instructions For Grantees Receiving $SO0, O00 Or More: 1. In accordance with Assurance No. 15, each grantee that receives $500,000 or more (or $1,000,000 in an 18- month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the date of this letter to OCR at the above address. ~ 2. Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The enclosed Seven-Step Guide to the Design and Development of an EEOP (which includes an EEOP Short Form) will assist you in completing this requirement. Please be reminded that the above requirements apply to primary grantees and to each 3. of their subgrantees or contractors that meet the criteria outlined in this letter. Therefore, all primary grantees should apprise subgrantees of these responsiblities and those meeting the criteria should send their EEOPs or EEOP Short Forms directly to the Office for Civil Rights within .60 days of the date of their award. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving $25,000 Or More, But Under $500,000: 4. Pursuant to Department of justice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR.) Please complete the applicable section of the attached Certification Form and retum it to OCR within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. If you have already submitted an EEOP as part of another award from the Office of Justice Programs (OJP) or the Office of Community Oriented Policing Services (COPS) within this grant period, or if you have certified that no EEOP is required, it is not necessary for you to submit another at this time. Simply send a copy of the letter you received from OCR showing that your EEOP or certification is acceptable. Additional Instructions For Grantees Receiving Under $25,000: 5. A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No Certification is required. Instructions for All Grantees: 6. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of OJP funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices 2 are in compliance with equal employment opportunity requirements. If you have any questions, please call OCR at (202) 307-0690. Additional information and technical assistance on the civil rights obligations of grantees can be found at: http://www.ojp.usdoj .gov/ocr/. Sincerely, Inez Alfonzo Hailer Director, Office for Civil Rights cc: Grant Manager Financial Analyst 2 The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964, 42 U.S.C. sec. 2000e. f~,~/~ U.S. DEPARTMENT OF JUSTICE AWARD OFFICE OF JUSTICE PROGRAMS /~ COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX 1. GRANTEE NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 1999-LB-VX-7277 Aubum City 25 West Main Auburn, WA 98001 5. PROJECT PERIOD: FROM 10/01/1999 TO 09/30/2001 BUDGET PERIOD: FROM 10/01/1999 TO 09/30/2001 . IA. GRANTEE IRS/VENDOR NO. 91600122g 6. AWARD DATE 09/30/1999 7. ACTION 2. SUBGRANTEE NAME AND ADDRESS (Including Zip Code) 8. SUPPLEMENT NUMBER ~ Initial j~.~ Supplemental 2A. SUBGRANTEE IRS/VENDOR NO. 9. PREVIOUS AWARD AMOUNT $0.00 3. PROJECT TITLE . AMOUNT OF THIS AWARD $48,875 FY 1999 Lo~al Law Enfor~gment Block Grants (LLEBG) Program · TOTAL AWARD $48,g75 12. SPECIAL CONDITIONS (Check, if applicable) THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATYACHED 4 PAGES 13. STATUTORY AUTHORITY FOR GRANT TITLB I OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. 42 U.S.C. 3701, ET. SEQ., AS AMENDED TITLE 2 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 42 U.S,C. 5601, ET. SEQ., AS AMENDED ] VICTIMS OF CRIME ACT OF 1984, 42 U.S.C. 10601, ET. SEQ., PUBLIC LAW 9g-~73, AS AMENDED OTHER (Specify): Omnibus Consolidated and Emergency Supplcn~nt Appropriations Act, 1999 (Public Law 105-277) 14. FUTURE FISCAL YEAR(S) SUPPORT: SECOND YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: THIRD YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: 15. METHOD OF PAYMENT THE GRANTEE WILL RECEIVE CASH VIA A LETTER OF CREDIT ~] YES ~ NO AGENCY APPROVAL ~ ~L~ GRANTEE ACCEPTANCE 16. TYPBD NAME AND TITLE OF APPROVING OJP OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Nancy E. Gist, Director Charles Booth Bttmau of Juice Assistar~e Mayor 17. SIGNATURE OF APPROVING OJP OFFICIAL l~~~~ 19A. DATE _ "~ 03/03/2000 AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODE S 21. L 18M 14 FISCAL FUND BUD. DIV. L199007277 YEAR CODE ACT. OFC. REG. SUB. POMS X V LI ~00 00 00 OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE u.s. DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS SHEET CHECK APPROPRIATE BOX L PROJECT NUMBER: 1999-LB-VX-7277 ,: AWARD DATE 09/30/1999 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 agrees to comply with the organizational audit requirements of OMB Circular, A-133, Audits of States, Local Governments and Non-Profit Organizations, as further described in OJP's Financial Guide, Chapter 19. 3. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall conlain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 1999-LB-VX-7277 awarded by the Bureau of Justice Assistance, Office of Jnstice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U .S. Department of Justice ." 4. The recipient agrees to provide information required for any national evaluation conducted by the U.S. DeparUnent of Justice. 5. The recipient acknowledges that failure to submit an acceptable Equal Employment Opporttmity Plan (if recipient is required to submit one pursuant to 28 CFR 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in funds from the award being frozen, until such time as the recipient is in compliance. 6. The recipient agrees to provide and expend a 10 percent cash match (calculated as 1/9 of the Federal award amount) before the end of the 24 month grant expenditure period. The recipient is reminded that the matching funds are auditable under Special Condition #2, and will be binding to the recipient. 7. The recipient is required to establish a trust fund account. This fund may not be used to pay debts incurred by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to expend the grant funds in the trust fund (including any interest earned) during the 24 month grant expenditure period. Grantfun~ (including any interest earned) not expended by the end of the 24 month period must be returned to the Bureau of dustice Assistance (Bdd} along with the final submission of the Financial Status Report (SF-269d) by the end of the 27 month. OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE ,~t~.q,~./M/~'/(~ U.S. DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OF .lUSTICE PR~.MS SHEET CHECK APPROPRIATE BOX PROJECT NUMBER: l ~-LB-VX-7277 j AWeD DATE 09/3~19~ ' SPECIAL CONDITIONS CONTINUED 8. The recipient agrees, if the funds arc used for the hiring and employing of new, additional law enforcement officers and support personnel, as described in the applicable purpose area of Subpart A section 10 1 (a)(2), that the recipient unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public safety service. 9. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and support personnel, that the unit of local government will establish procedures to give members of the Armed Forces who, on or after October I, 1990, were or are selected for involuntary separation (as described in section 1141 of Title 10, United States Code), approved for separation under section 1174a or 1175 of such dtle, or retired pursuant to the authority provided under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1923 note), a suitable preference in the employment of persons as additional law enforcement officers or support personnel. 10. The recipient agrees, if funds are used for enhancing security or crime prevention that the unit of local government -- ' (a) has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparagraph (B) of section 101 (a)(2), or any crime prevention programs that are established under subparagraphs (C) and (E) of section 10 1 (a)(2), on the incidence of crime in the geographic area where the enhancement is undertaken or the program is established; (b) will conduct such an assessment with respect to each such enhancement or program; and (c) will submit to the BJA an annual written assessment report, via the Interact system. 11. The recipient agrees that prior to expenditure of any LLEBG funds, at least one (1) public hearing will be held regarding the proposed use(s) of the grant funds. The recipient must also provide verification to BJA of the public hearing. At the hearing, persons shall be given the opportunity to provide written and oral views to the recipient on the proposed use(s) of the grant funds. The recipient will hold the public hearing at a time and place that allows and encourages public attendance and participation. The recipient may not request a drawdown of. funds until these requirements are met and the formal budget allocations are adopted by the recipient. 12. The recipient agrees that prior to expenditure of any LLEBG funds, a previously designated or newly established advisory board will meet to discuss the proposed use(s) of the grant funds. The recipient will designate the advisory board to make nonbinding recommendations on the use(s) of funds under the LLEBG Program. Membership on the advisory board must include a representative from the following; however, it may be broader: oJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE  U.S. DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS SHEET CHECK APPROPRIATE BOX PROJECT NUMBER: 1999-LB-VX*72T7 AWARD DATE 09/30/1999 SPECL4L CONDITIO~VS CO~rTINUED a) the local police department or sheriffs department; b) the local prosecntor's office; c) the local court system; d) the local school system; and e) a local nonprofit, educational, religious, or community group active in crime prevention or drag use prevention or treatment. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. F 0 R L 0 UISI/INA P/IRISH RE CIPIEN TS: The recipient agrees that prior to expenditure of any LLEBG funds, a previously designated or newly established advisory board will meet to discuss the proposed use(s) of the grant funds. The recipient will designate the advisory board to make binding recommendations on the use(s) of funds under the LLEBG Program. Membership on the advisory board must include a representative from the following; however it may be broader: a) the local police department or sheriffs department; b) the local prosccutor's office; c) the local court system; d) the local school system; and e) a local nonprofit, educational, r~ligious, or community group active in crime prevention or drug use prevention or treatment. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. L OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE .~,,~f~/~ u.s. DEPARTMENT oF JUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS SHEET CHECK APPROPRIATE BOX PROJECT NUMBER: 1999-LB-VX-7277 AWARD DATE 09/30/]999 SPECIAL CONDITIONS CONTINUED 13. The recipient has certified it is not in compliance with the Public Safety Officers' Health Benefits Provision of the Omnibus Consolidated and Emergency Supplement Appropriations Act for 1999. Therefore, the recipient will receive not more than 90 percent of the eligible award amount (or, if less than the eligible mount was requested, of that mount). This provision makes no allowances for a unit of local government to come into compliance during the life of the award, consequently BJA will not consider requests to adjust the adjusted award mount. 14. Criminal Intelligence Systems operating with support of Federal funds, must comply with 28 CFR, Part 23, if the recipient chooses to implement this project. 15. At the Request for Drawdown, the recipient must submit to BJA a budget for approved purpose area allocations via the Interact system. 16. The recipient agrees this award document constitutes the obligation of Federal funds for use by the recipient in execution of the program or project covered by the award. Such obligation may be terminated without further cause if the recipient fails to affirm its timely utilization of the award by accepting the award and special conditions within 45 days from the date of the award. ! 7. The recipient agrees to one 24 month obligation and expenditure period that will begin on the day of the recipienes submission of a Request for Drawdown through the lntemet system. All funds must be expended by the end of this 24 month period with no exceptions. Six months from the date of the beginning of the expenditure period, the recipient agrees to submit a semiannual progress report through the Interact system, and to report every six months until all funds am expended or the grant period ends. GRANTEE ACCEPTANCE OF SPECIAL CONDITIONS Charles A. Booth OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE