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HomeMy WebLinkAbout5473ORDINANCE NO. 5 4 7 3 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 FIVE THOUSAND TWO HUNDRED SIX DOLLARS ($45,206.00) 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 TWENTY-THREE DOLLARS ($5,023.00); 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 2000 -LB -BX -0276, in the amount of Forty-five Thousand Two Hundred Six Dollars ($45,206.00) from the U.S. Ordinance No. 5473 November 2, 2000 Page 1 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-five Thousand Two Hundred Six Dollars ($45,206.00) 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 Twenty-three Dollars ($5,023.00) 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. 2000 -LB -BX -0276. 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. 5473 November 2, 2000 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: November 20, 2000 PASSED: November 20, 2000 APPROVED: November 20, 2000 Cw3e-k CHARLES A. BOOTH MAYOR Ordinance No. 5473 November 2, 2000 Page 3 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. eynolds, City Attorney PUBLISHED: / 1,V/ero Ordinance No. 5473 November 2, 2000 Page 4 U.S. DEPARTMENT OF JUSTICE AWARD OFFICE OF JUSTICE PROGRAMS 11 OJP Fx] BJA OADP 1XI GRANT PAGE 1 OF 5 EBJS [:] ND OVC El COOPERATIVEAGREEMENT CHECK APPROPRIATE BOX I. GRANTEE NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2000-LB-BX-0276 AuburnCity 25 Wm Mein Auburn, WA 98001-4998 5. PROJECT PERIOD: FROM 10/01/1999 TO 09/302001 BUDGET PERIOD: FROM 10/01/1999 TO 09/30/2001 IA. GRANTEE IR ENDOR NO. 916001228 6.AWARDDATE 09/172000 ].ACTION 2. SUBGRANTEE NAME AND ADDRESS(b¢Iuding Zip Code) 9. SUPPLEMENT NUMBER Initial - Supplemental 2A. SUBGRANTEE IRSNENDOR NO. 9. PREVIOUS AWARD AMOUNT $0.00 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD 545,2% Local Law Eafomernent Block Grates--- 11. TOTAL AWARD 545,2% 12. SPECIAL CONDITIONS (Check, Bepplicable) THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED 4 PAGES 13, STATUTORY AUTHORITY FOR GRANT TITLE 1 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. 42 U.S.C. 3701, ET. SEQ., AS AMENDED �—I TITLE 2 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 LJ 42 U.S.C. 5601, ET. SEQ., AS AMENDED VICTIMS OF CRIME ACT OF 1984, 42 U.S.C. 10601, ET. SEQ., PUBLIC LAW 98-473, AS AMENDED OTHER (Specify): Depiete mts ofConunerce. Justice, and State, the Judiciary, and Related Agencies Appropriatims AM 2000 (pub. L. No. 106113) 14. FUTURE FISCAL YEAR(S) SUPPORT: SECOND YEARS BUDGET PERIOD. N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: THIRD YEARS 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 Y� NO AGENCY APPROVAL GRANTEEACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OJP OFFICIAL I8. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Nancy E. GilL Director Charles Booth Boreav oflwtice Assisunce Mayer 17. SIGNATURE OF APPROVING DIP OFFICIAL 19. SIGNATURE OF AUTHORIZED OR E 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. 1-18M14 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB, POMS LIOOU017]6 X B LI 80 00 00 -- I ..,......�..o,,,..1w v. oeO rncvsvoa evu svrva nme umeulxl e U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS 0 1:1 I] OJP a BJA OJJDP BJS 7 ND OVC CHECK APPROPRIATE BOX PROJECT NUMBER: 2006LB-BX-0276 AWARD CONTINUATION SHEET GRANT COOPERATIVE AGREEMENT AWARD DATE W/172000 SPECIAL CONDITIONS PAGE 2 OF 5 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 acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR 42.302), that is approved by the Office of 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. 4. The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds, Pursuant to section 101(g) of H.R. 728, 104th Cong. (1995). 5. 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 contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2000 -LB -BX -0276 awarded by the Bureau of Justice Assistance, Office of Justice 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." 6. The recipient agrees to provide information required for any national evaluation conducted by the U.S. Department of Justice. 7, The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, as described in the applicable purpose area of Subpart A section 101(a)(2) of H.R. 728, 104th Cong. (1995), 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. If the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, the unit of local government will establish procedures to give members of the Aimed Forces who, on or after October 1, 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 title, 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 102484; 10 U.S.C. 1923 note), a suitable preference in the employment of persons as additional law enforcement officers or support personnel. wr rvrnm w„nY<\ncv. Jall rrtE V IV V a CUII IUIVJ AKC UaSULEI E U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS DIP [j] BJA F] OIJDP BJS [-] ND [-] OVC CHECK APPROPRIATE BOX PROJECT NUMBER: 2000 -LB -BX -0276 AWARD CONTINUATION SHEET GRANT COOPERATIVE AGREEME AWARD DATE 09/172000 SPECIAL CONDITIONS CONTINUED PAGE 3 OF 5 8, 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 calendar days from the date of award. 9. The recipient agrees to submit the Request for Drawdown via the Internet system within 90 calendar days from the date of award, or to have all funds deobligated for redistribution during the next funding cycle. 10. The recipient agrees to one 24 month obligation and expenditure period, as established at the approval of the Request for Drawdown. All funds must be expended by the end of this 24 month period with no exceptions. 11. 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 obligate and expend the grant funds in the Dust fund (including any interest earned) during the 24 month period. Giant funds (including any interest eamed) not expended by the end of the 24 month period must be returned to the Office of the Comptroller (OC) by the end of the 27th month, along with the final submission of the Financial Status Report (SF -269A). 12. The recipient agrees to submit semiannual progress reports via the Internet system for the life of the grant. Reports are due within 45 calendar days after the end of the reporting periods, which ace June 30 and December 31. 13. The recipient agrees, if funds amused for enhancing security, 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), on the incidence of crime in the geographic area where the enhancement is undertaken; (b) will conduct such an assessment with respect to each such enhancement; and, (c) will submit to the Bureau of Justice Assistance (BJA) an annual assessment report via the Internet system. 14. The recipient agrees to comply with 28 CFR Part 23 if federal funds are used to support Criminal Intelligence Systems. U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS 0 ❑ OJP O BJA ❑ OJJDP ❑ BJS ❑ NU ❑ OVC CHECK APPROPRIATE BOX AWARD CONTINUATION SHEET ❑x GRANT ❑ COOPERATIVE AGREEMENT PROJECT NUMBER: 2000.1.11-13X-0276 I AWARD DATE 09/172000 SPECIAL CONDITIONS CONTINUED PAGE 4 OF 5 15. The recipient agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the recipient or by a subrecipient. Accordingly, prior to obligating giant funds, the recipient agrees to first determine if any of the following activities will be related to the use of the grant funds. The recipient 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 recipient, a subrecipient, 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: 1. New constmction;2. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100 -year Flood plain;3. 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 sin; and,4. Implementation of a new program involving the use of chemicals other than chemicals that aro (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. Application of This Special Condition to Recipients Existing Programs or Activities: For any of the recipienfs or its subrecipients existing programs or activities that will be funded with these grant funds, the recipient, 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. 16. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.ojp.usdoj.gov/cc/states.hnn 17. 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 obligation and expenditure period. The recipient is reminded that the mulching funds are auditable under Special Condition #2 and will be binding to the recipient. U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OJP F BJA OJJDP y IDS F7 ND OVC CHECK APPROPRJATE BOX AWARD CONTINUATION SHEET GRANT COOPERATIVEAGREEMENT PAGE 5 OF 5 PROJECT NUMBER: 2000 -LB -BX -0276 j AWARD DATE 09/172000 1 SPECIAL CONDITIONS CONTINUED 18. The recipient agrees that prior to the obligation or 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, via the Internet system, of the public hearing. At the hearing, persons shall be given an opportunity to provide written and oral views to the recipient on the proposed uses) 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. 19. The recipient agrees that prior to the obligation or 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 most include a representative from the following, though it may be broader: a) the local police department or sheriffs department; b) the local prosecuteYs 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 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. 20. The recipient has cerfified it is not in compliance with the Public Safety Officers' Health Benefits Provision of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000 (Pub. L. No. 106113). Therefore, the recipient will receive not more than 90 percent of the eligible award amount (or, if less than the eligible amount was requested, of that amount). This provision makes no allowances for a unit of local government to come into compliance during the life of the grant; consequently BJA will not consider requests to adjust the adjusted award amount. �n�u�v�. , c�,uua �u,,,Vrv]MCVC]VLele Minutes Local Law Enforcement Block Grant Advisory Committee November 1, 2000. The Local Law Enforcement Block Grant Advisory Committee convened at 9:00 AM on November 1, 2000 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 Karen Gulliver Prosecutor's Office Brenda Heineman Court Staff: Al Hicks City of Auburn Planning Department Al 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. 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 2000 Local Law Enforcement Block Grant for overtime costs for officers engaged in Community Oriented Policing programs. Seconded: Brenda Heineman Approved unanimously Application was submitted on 24 -AUG -00. LLEBG FY 2000 Application Date Certified : 19 -SEP -00 Date Submitted : 24 -AUG -00 Jurisdiction Information Jurisdisction: Auburn City County: KING State: WASHINGTON CDFA Number: 16.592 Budget Information Eligible Award Amount: $50,229 Final Award Amount: $45,208 Match Amount: $5,023 Matching Funds Description: State and Local Govemment Units CEO Information Title: Mayor Name Prefix: - Mr. Last Name: Booth First Name: Charles Address: 25 West Main Auburn, WA 980014998 Telephone: 253 931-3041 Fax: .253 288 3132 Email: drichar@ci.auburn.wa.us Application Details Date Agreed to Trutt Fund Requirement:Applicant 19 -SEP -00 is PSOHB Compliant: No Date Agreedto SPOC Requirement: 19 -SEP -00 DeftAgreed to SAA Review Requirement: 19 -SEP -00 Date Agreed to certifications: 19 -SEP -00 Date Agreed to Assurances: 19 -SEP -00 SEVEN PURPOSE AREAS ,IAlf '1 I(',ATION PROCESS 1. Support Law Enforcement P.;iialltANCES a. Hiring, training, and employing on a continuing basis, additional law cLclsEouT enforcement officers and necessary support personnel. For the purposes of this program, a law enforcement officer may be police, corrections, I .u;Ir+lury probation, parole, or judicial officers. (:RANT ADMINISTRATION b. Payment of overtime to currently employed law enforcement officers and necessary support personnel for the purpose of increasing the number of hours worked by such personnel. IMPII-MI NTATION INTRODUCTION c. Procurement of equipment, technology, and other material directly related to basic law enforcement functions. MONITORING 2. Enhance Security Measures REPORTING a. In and around schools; and Pi QIRE MINTS (FEDERAL cRF;NTS' b. In and around any other facility or location that the grant recipient considers a special risk for incidents of crime. KE.: QUff&SMENTS (LLE:ftG) sFV«N PUWQSF AREAS 3. Establish or Support Drug Courts a. To be eligible, a drug court program MUST include continuing judicial supervision over offenders who are substance abusers, but not violent offenders. b. Integrate administration of other sanctions and services which shall include: 1. Mandatory periodic testing of each participant for the use of controlled substances or other addictive substances during any period of supervised release or probation; 2. Substance abuse treatment for each participant; 3. Probation or other supervised release that involves the possible prosecution, confinement, or incarceration because of noncompliance with program requirements or failure to show satisfactory progress; and 4. Programmatic offender management and aftercare services such as relapse prevention, vocational job training, and job and housing placement. 4. Enhance the Adjudication of Cases Involving Violent Offenders Includes cases which involve violent juvenile offenders. For the purposes of this program, violent offender indicates a person charged with committing a Part I violent crime (murder, rape, robbery, and aggravated assault) as defined under the Uniform Crime Report (UCR) Program. 5. Establish Multijurisdictional Task Forces The task force should concentrate on rural areas and be composed of law enforcement officials who represent units of local government. The task force will work with federal law enforcement officials to prevent and control crime. S. Establish Crime Prevention Programs Crime prevention programs should involve cooperation between community residents and law enforcement personnel to control, detect, or investigate crime or the prosecution of criminals. 7. Defray the Cost of Indemnification Insurance for Law Enforcement Officers Supply insurance for law enforcement officers to cover damage from willful acts by officers to offenders who are lawfully carrying out their duties. Prohibited Uses Unallowable expenditures from the LLEBG Program are to purchase, lease, rent, or acquire any of the following: • Tanks or armored vehicles • Fixed -wing aircraft • Limousines • Real estate • Yachts • Consultants • Vehicles not primarily used for law enforcement • New construction. However, renovations of facilities are permitted when specifically approved by BJA and the Office of the Comptroller. These costs may not exceed 10% of the total federal funds utilized in a given purpose area.