HomeMy WebLinkAboutITEM III-B-1
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C17'YO ~ ~ AGENDA BILL APPROVAL FORM
:W~ WASHINGTON
Agenda Subject: Resolution No. 4526 Date:
Approve Award of JAG Grant & Interlocai Agreement w/ City of Seattle September 9, 2009
Police De artment
Department: Attachments: Budget Impact:
Administration/Police Resolution No. 4526 & Interlocal $161,101
A reement
Administrative Recommendation:
City Council adopt Resolution No. 4526.
Background Summary:
The City of Auburn submitted to the City of Seattle Police Department (regional grant coordinating agency
for JAG funds) an application for a Byrne Memorial Justice Assistance grant, U.S. Department of Justice
in the amount of $161,101. The City's grant application was comprised of funding requests for three
programs: 1) Police Department "community policing" program ($40,000), 2) Municipal Court's "alternative
to incarceration" mental health and substance abuse program ($50,000), and 3) installation of a video
surveillance system for the new city parking facility ($71,101). The U.S. Department of Justice has
provided notification of approval of the City of Auburn's grant application in the amount requested. As a
result, the City needs to execute the attached agreement with the City of Seattle in order to receive this
federal grant funding.
P0921-2
F5.4.1
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O
❑ Airport ED Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ED Municipal Serv. 0 Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning
❑ Park Board ❑ Public Works 0 Legal ❑ Police
❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Backus Staff: Kell /Wilson
Meetin Date: September 21, 2009 Item Number:
AUBURN* MC7RE THAN YOU 1MAGINED
RESOLUTION NO. 4 5 2 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
ACCEPT GRANT FUNDS FROM THE U.S. DEPARTMENT
OF JUSTICE FOR BYRNE MEMORIAL GRANT AND
ACCEPTANCE OF AN INTERLOCAL AGREEMENT WITH
THE CITY OF SEATTLE POLICE DEPARTMENT
WHEREAS, the U.S. Department of Justice has made available to local
jurisdictions on a statewide formula basis Byrne Memorial Justice Assistance
Grant (JAG) funds through the federal Recovery Act; and
WHEREAS, the JAG grant application process was coordinated and is
being administered on a regional level by the City of Seattle Police Department
(Seattle PD); and
WHEREAS, the City of Auburn submitted to Seattle PD a joint application
to fund three programs: 1) the Police Department "community policing" program
($40,000), 2) the Municipal Court's "alternative to incarceration" mental health
and substance abuse program ($50,000), and 3) installation of a video
surveillance system for the new city parking facility ($71,101); and
WHEREAS, the U.S. Department of Justice announced the award of the
collective grant application submitted by Seattle PD, including the City of
Auburn's grant application in the total amount of $161,101; and
WHEREAS, Seattle PD submitted to the City Auburn an interlocal
agreement for the acceptance of this grant award.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Resolution No. 4526
September 9, 2009
Page 1
Section 1. Purpose. The Auburn City Council does hereby accept the
U.S Department of Justice offer of a grant in the amount of One Hundred Sixty
One Thousand One Hundred and One dollars ($161,101) for a Byrne Memorial
Justice Assistance Grant.
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to sign the Interlocal Agreement with the City of Seattle Police
Department for the administration of the grant which is attached hereto and
identified as Exhibit "A", authorizes the Mayor to implement such administrative
procedures as may be necessary to carry out the directions of this Resolution
and further authorizes the amendment of the respective department's budgets
which is attached hereto and identified as Exhibit "B".
Section 3. Effective Date. This Resolution shall take effect and be in
full force upon passage and signatures hereon.
DATED and SIGNED THIS DAY OF , 2009.
CITY OF AUBURN
ATTEST: PETER B. LEWIS,
MAYOR
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
~Daniel B. eid,
City Attorney . .
Resolution No. 4526
September 9, 2009
Page 2
Interagency Agreernent
BJA FY 09 Recovery Act: Edward Byrne Memorial
Justice Assistance Grant Program Local Solicitation
Executed by
Seattle Police Department (SPD), a department of the
City of Seattle, hereinafter referred to as "SPD",
Department Authorized Representative: Diane Pilon
610 Sth Avenue
PO Box 34986
Seattle, WA 98124-4986
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City of Auburn, hereinafter referred to as "Recipient", '
Department Authorized Representative: Scatt Near
25 W Main St
Auburn, WA 98401-4988 '
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IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures beiovv.
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CITY OF AUBURN SEATTLE POLICE DEPARTMENT
Peter B. Lewis, Mayor John Diaz, Interim Chief of Police
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Date:
Authorized by:
Grant Program: Edward Byrne Memorial Justice Assistance Grant (JAG) Program
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WHEREAS, 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; and
WHEREAS, the JAG Program funded under the Recovery Act supports all components of the
criminal justice system, from multi jurisdictional drug and gang task forces to crime
prevention and domestic violence pragrams, courts, corrections, treatment, and justice ~
information sharing initiatives; and
WHEREAS, the United States Gongress authorized $1,970,933,000 in the Justice Assistance Grant ~
(JAG) Program part of the American Recovery and Reinvestment Act of 2009 ("ARRA"); ~
and
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WHEREAS, 18 jurisdictions in King County were required to apply for an ARRA JAG Program ~
award with a single, joint application; and
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WHEREAS, the City, as the identified Fiscal Agent, submitted the joint application to the Bureau of ~
7ustice Assistance on May 18, 2009 to request JAG Program funds; and
WHEREAS, based on the City's successful application, the Bureau of Justice Assistance has
awarded $4,882,208 to the City from these JAG Program funds; and
WHEREAS, pursuant to the terms of the grant whereby the City, as the identified Fiscai Agent far '
this awazd, is to distribute grant funds to co-applicants, the City intends to transfer some of ?
the ARRA funds it receives to those co-applicants; and
WHEREAS, the City is not Qbligated to continue ox maintain ARRA grant funding levels for the '
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JAG Program once ARRA grant funds have lapsed; and •
WHEREAS, recipients of ARRA funds from the City should not anticipate the City wilt assume
responsibility for any program costs funded by ARR.A once ARRA funds are spent;
NOW THEREFORE, the parties hereto agree as follows: i
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This Interagancy Agreement contains six Azticles: ~
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ARTICLE I: TERM OF AGREEMENT: ;
The term of this Interagency Agreement shall be in effect frorn the date it is executed by the SPD
Chief of Police, or designee, until Februaxy 28, 2013 unless terminated earlier pursuant to the ~
provisions hereof.
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ARTICLE II: DESCRIPTION OF SERVICES
The services to be performed under this Agreement shall be conducted for the stated purposes of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (the "Recovery Act") and by 42 I
U.S.C. 3751(a). The stated putposes 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 heaith; to
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invest in transportation, environmental protection, and other infrastructure that will provide long- ,
term 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.
ARTTCLE III: SPECIAL CONDITIONS
1. Funds are provided by the U.S. Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance solely for the purpose of furthering the stated objectives of the American ~
Recovery and Reinvestment Act. The Recipient shall use the funds to perfarm tasks as .
described in the Scope of Work portion of this Agreement.
2. T12e Recipient acknowledges tha# because this Agreement involves fedexal funding, the ~
period of performance described herein willlikely begin prior to the availability of
appropriated federal funds. The Recipient agrees that it will not hold the Seattle Police
Department, the City of Seattle, or the Depaxtment of Justice liable for any damages, claim
for reimbursement, or any type of payment whatsoever for services perfortned under this ;
Agreement prior to the distribution and availability of federal funds, i
3. The Recipient shall comply with all conditions and limitations set forth in the FY 2009 ~
Recovery Act Jnstice Assistance Grant Program Award 2009-SB-B9-0769. !
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The FY 2009 Recovery Act Justice Assistance Grant Program Award Report 2009-SB- j
B9-07b9 is attached to and made part of this agreement, as Attachment A. Allocation and '
use of grant funding must be in accordance with all special conditions included in the Award
Repart. All Recipients are assumed to have read, understood, and accepted the Award '
Report as binding. ~
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4. The Recipient acknowledges that all allocations and use of funds under this agreement will i
be in accordance with the Recovery Act: Ed.ward Byrne Memorial Justice Assistance Grant
(JAG) Fortnula Program: Local Solicitation
(http://www.ojp.usdoj.govBJA/recoveryJAG/JACrrecoveryLocal.pdfl. Allocation and use of ~
grant funding must be coardinated with the goals and objectives included in the Local '
Solicitation. All Recipients are assumed to have read, understood, and accepted the Local ~
Solicitation as binding. '
5. Recipient agrees to obtain a valid DLTNS profile and create an active registration with the ?
Central Contractor Registration (CCR) database na later than the due date of the, Recipient's '
first quarterly report after a subaward is made. ;
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6. The Recipient shall comply with all applicable laws, regulations, and program guidance. A I
non-exlzaustive list of regulations commonly applicable to B7A grants are listed below, ~
including the guidance: ~
(A) Administrative Requirements: OMB Circular A-102, State and Local Governments
(10/7/94, amended 8/29/07) (44CFR Part 13)
(B) Cost Principles: OMB Circular A-87, State and Local Governments (5/10/04)
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(C) Audit Requirements: OMC Circular A-133, Audits of State, Local Governments, ;
and Non-Profit Organizations (6/24/97, includes revisions in the Federal Register ;
6/27/43)
(D) The Recipient.must camply with the most recent version of the Adtninistrative
Requirements, Cost Principals, and Audit Requirements.
1) Non-Federal entities that expen.d $500,000 or more in ona fiscal year in Federal
awards shall have a single or program-specific audit conducted for that year in
accordance with the OfFce of Management and Budget (OMB) Circular A-
133-Audits of Sta#es, Local Governments, and non-Profit Organizations. Non- i
federal entities fhat spend less than $500,000 a year in federal awards are ;
exempt from federal audit requirements for that year, except as noted in '
Circular No. A-133, but records must be avaiiable for review or audit by '
appropriate officials of the Federal agency, pass-through entity, atld General
Accounting Office (GAO).
2) Recipients required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Auditing Standards (GAAS), as found in
the Govenrunent Anditing Stand.ards (the Revised Yellow Book) developed by
the Comptroller General and the OMB Compliance Supplement. -The ;
Recipient has the responsibility of notifying the Washington State Auditors ~
Office and requesting an audit.
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3) The Recipient shall maintain auditable records and accounts so as to facilitate ?
the audit requirement and shall ensure that any sub-recipients also maintain ~
auditabie records.
4) The Recipient is responsible for any audit exceptions incurred by its own
organization or that of its subcontractors. Responses to any unresolved
management findings and disallowed or questioned costs shall be included with
the audit report submitted to the Seattle Police Departtnent. The Recipient must
respond to requests for information or corrective action concerning audit issues
or findings within 34 days of the date of request. The City reserves the right to
recover from the Recipient all disallowed costs resulting from the audit.
S) If applicable, once any single audit has been completed, the Recipient must
send a full copy of the audit to the City and a letter stating there were no
findings, or if there were findings, the letter should provide a list of the
findings. The Recipient must send the audit and the letter no later than nine
months after the end of the Recipient's fiscal year(s) to:
Diane Pilon, JAG Program Manager
Seattle PoIice Department
610 Sth Avenue
PO Box 34986 '
Seattle, WA 9$124-4986
206-386-1996
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6) Tn addition to sending a copy of the audit, the Recipient must include a ~
corrective action plan for any audit findings and a cvpy of the management ;
letter if one was received. i
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7) The Recipient shall include the above audit requirements in any subcontracts.
7. The Recipient agrees to cooperate with any assessments, national evaluation efforts, or !
inform.ation or data callection requirements, including, but not limited to, the provision of ~
any information required for assessment or evaluation of activities within this agreeznent, for ~
compliance BJA reporting requirements, and with section 1512(c) of the Recovery Act.
8. When implementing funded activities, the Recipient must comply with all applicable ~
federal, state, tribal government, and local laws, regulations, and policies. The Recipient is ;
entirely responsible for determining the Recipient's compliance with applicable Iaws, i
regulations and policies, which include, but are not limited to: ;
(A) City of Seattle regulations including, but not limifed to: '
(1) Equal Benefits Program Rules • ;
(SMC Ch.20.45:http://cityofseattle.netlcontract/equalbenefitsn ~
(2) Women and Minority Owned Affirmative Effort: If a Recipient intends to subcontract '
out any part of a contract instead of performing the work itseif, then the follawing ;
requirement applies: Consultant shall use aff'irmative efforts to promote and
encourage participation by women and minority businesses on subcontracting ~
opportunities within the contract scope of work. Consultant agrees to make such j
efforts as a condition of this Agreement. , i
a. Outreach efforts may include the use of solicitation lists, advertisements in ~
publications directed to minority communities, breaking down total
requirements into smaller tasks or quantities where economically feasible, j
making other useful schedule ox requirements modifications that are likely to ~
assist small or WMBE businesses to compete, targeted recruitment efforts, and ~
using the services of available minority corrimunity and public organizations to ~
perform outreach.
b. Record-Keeping: The Consultant shall maintain, for at Ieast 24 months after ;
the expiration or earlier termination of this Agreement, relevant records and `
information necessary to document all Consultant solicitations to
subconsultants and suppliers, all subconsultant and supplier proposals received,
and all subconsultants and suppliers actually utilized under this Agreement.
The City shall have the right to inspect and copy such records.
(3) Licenses and Similar Authorizations: The Consultant, at no expense to the City, shall
secure and maintain in full force and effect during the term of this Agreement aIl
required licenses, permits, and similar legal authorizations, and comply with all
requirements thereof.
(4) Use of Recycled Content Paper: Whenever practicable, Consultant shall use reusable
products including recycled content paper on all documents submitted to the City.
Consultant is to duplex all documents that are prepared for the City under this '
Contract, whether such materials are printed or copied, except when impracticable to
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do so due to the nature of the product being produced. Cansultants are to use 100%
post consumer recycled content, chlorine-free paper in any documents that are
produced for the City, whenever practicable, and to use other paper-saving and
. recycling measures in performarxce of the contract with and for the City.
(5) Americans with Disabilities Act: The Consultant shall comply with all applicable
provisions of the Americans with Disabilities Act of 1990 as amended (ADA) in
performing its obligations under this Agreement. Failure to comply with the
provisions of the ADA shall be a material breach of, and graunds for the immediate
termination of, this Agreement.
(6) Fair Contracting Practices Ordinance: The Consultant shail comply with the Fair
Contracting Practices Ordinance of The City of Seattle (Chapter 14.10 SMC), as
amended.
(7) Suspension and Debarment: The Recipient certifies that neither it nor its principals
are presently debarred, suspended, proposed fox debarment, declared ineligible, or
voluntarily excluded from participating in transactions by any Federal department or ~
agency. By signing and submitting this Agreement, the Recipient is providing the ~
signed certification setout below. The certification this clause is a material ~
representation of fact upon which reliance was placed when this transaction was
entered into.
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If it is later deternnirzed that the Recipient rendered an erroneous certification, the ~
Federal Government and City may pursue available remedies, including termination !
and/ar debarment. The Recipient shall provide immediate written notice to the City if ~
at any time the Recipient learns that its certification was erroneous when submitted or
has become erroneous by reason of changed circumstances.
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The Recipient agrees by signi.ng this Agreement that it shall not enter into any
covered transaction with a person or subcontractor who is debarred, suspended,
proposed for debarment, deciared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized in writing by the City.
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The Recipient shall include the requirement in this section in any subcontracts.
(8) In the event of the Recipient's or subcontractor's noncompliance or refusal to comply
with any applicable law, regulation or policy, the City may rescind, cancel, or
terminate the Agreement in whole or in part. The. Recipient is responsible for any and
all costs or liability arising from the RecipienYs failure to cornply with applicable
law, regulation, or policy.
ARTICLE IV: SCOPE OF WORK
The Scope of Wark of this Agreement and the time schedule for completion of such work is as
described in Attachment B: Recovery Act: Edward Byrne Memorial Justice Assistance (JAG)
Grant Formula Program King County Joint Application, Project Narra#ive and Attachment C: JAG
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Budget Worksheet, as approved by BJA. Exhibit B and Exhibit C are attached to and made part of
this agreement.
The work shall, at all times, be subject to the City's general review and approval. The Recipient
shall confer with the City periodically during the progress of the Work, and shaIl prepare and
present such informafion and materials (e.g. a detazled outline of completed wark) as may be
pertinent, necessary, or requested by the City or BJA to determine the adequacy of the Work or
Recipient's progress.
ARTICLE V: PAYMENT
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(A) Compensation ~
The Recipient shall be reimbursed on an actual cost basis. Total compensation under this ;
Agreement is $161,101. ,
The Recipient shall incur authorized allowable expenses in accordance with the Program
Narrative and Project Budget, as detailed in Exhibits B and C.
The Recipient may request additional reimbursement up to the amount of interest accrued on
their portion of the grant award. The City will provide quarterly statements to the Recipient,
once the interest balance accrued equals at least $1,000. Reimbursements will not be made for
interest accrued that is less than $1,000. Reimbursements can be requested, up to the total
amount of interest accrued; after the initial quarterly statement has been sent, to perform tasks in
accordance with the Program Narrative and Project Budget, as detailed in Exhibits B and C. '
The Recipient shall submit invoices not more than monthly, and at least quarterly. After the first
quarter, monthly submission is preferred. Invoices are due no later than 30 days after the end of ;
the period in which the work was performed.
No travel or subsistence costs, including lodging and meals,, reimbursed with federal funds may
exceed federal maximum rates, which can be found at: http://www.gsa.gov.
(B) Manner of Payment
The Recipient shall subrnit reimbursement requests not more than monthly, and at least ;
quarterly. After the first quarter, monthly submission is preferred. ;
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Requests are due no later than 30 days after the end of the period in which the work was i
perfarmed. Reimbursement request forms are provided. Suhstitute forms are acceptable. '
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With each reimbursement request, the Recipient shall submit: ;
■ Detailed spreadsheet of expenditures by task and related financial documents {timesheets, ~
invoices.}
■ Froject status report.
■ These documents and invoices must be kept on file by the Recipient and be made available
upon request by the City ar to state or federal auditors.
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Reimbursement will not be processed without accompanying documentation for the i
corresponding time period.
Once the above conditions are met, payment shall be made by the City to the Recipient. '
Submit invoicing and documentation ta: ;
Diane Pilon, JAG Program Manager
Seattle Police Department
610 Sth Avenue
PO Box 34986
Seattle, WA 98124-4986
206-3 86-1996
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ARTICLE VI: AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in writing and
signed by authorized representa,tives of the parties hereto. The parties hereto expressly reserve the !
right to modify this Agreement, by mutual agreement.
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' Department ofJustico
Offcco of Justice Programs
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Buresu of Justice Assistance I PA6E 1 OF 10
Grant ! • i
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; l: RECIP2ENT NAh[E AND RDDRESS (Including Zip Code) ~ j 4. AW R: 2009-SB-B9-0769 ~
CityofSeaule ~
j 600 4t6 Avenue 7th Flqw P.O. Box 44749 ~ i 5. PROJECI' pERI033: FRO.k 03/01l2009 TO 02128/2D13
i Seattle. WA 98124-4749 f j
I BODGEiPER10D:FROM 03/01I2009 TO 07128/2013 -i ~
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6.AWARDDA7E 06125l2009 .`i 7.AC7lON
; IA. GRANTEE IRSNFNDOR NO. y ~ B. SUPPLEMEN'f NUMBEIt Initial
- ; 916001303 ~ 00
9. Pt2EVIOUS AWARA AMOUNT ^ g p ~ i
! 3. PR0IECT TITIE ~ 10. AMOUNTOA'['HIS AWA1tD $4,882,209
s •
; FY 2069 Recovery Act ]asE[ee pssistanee Gcaot Progtam
g
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I S4$8208
~ 11. T07AL AWARD f i
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Iz. SPEGIAL CANDmONS ---°---y i
j, THE ABOVE C3RANP pR07EC1' IS APPROYED S1JB3ECT TO SUCH CONDiTION3 OR LILMI7A7TONS A3 ARE SFI' FORTH
ONTHEATTACHEDpAGE(4
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! 13.STA7UTORYAUTHORITYFORGRAN'F i
j This projxt is supportcd under FY09 Recovery Act (BJA-Byme 1A() Pub. L No. I11-5, 42 USC 37503758 ~ . ~
? 15. ME7HOD OF PAYMENT
j PAPRS
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~ AGEtICY APPROVqL
GRAN7FEACCEPTANCE
16. TYPED NAME AND 71TL& QF APPROVINQ pFfICtAL ~ 18. 'fYPfiD hAME ATIp TIT[,E OF AUCHORIZfip GRANTEE oFF1CIAL
. I James H. Burch U Gmg Nickela ~
~ ActingDiroaor i Mayor ~ i
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± 17. SSGNAFURE OF APpROVING OFFICIAI. - S1GNA OF AC.TH $D CIPIEN OFFICIAG ' 19A. DATE
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AGfiNCY USE ONLY ~
• 20. ACCOUNT[Np CLASS1PiCATIpN CODES . LSBUGT 056
~ FiSCA1 FUND BUD, DN, . ~ ~
' YE4R CODQ ACf. 4FC. REG. SUB. POMS MMOUNT I ~
9 8 SB 80 00 00 4882208
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O7P FORM 4900/2 (REV. 5-87) PREVIOUS EDiTiOTIS ARE OBSOLFTE. . ; ~
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OJP EORM 400012 (REV. 448) I
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~ Dopartment of Justice
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Office of Jusucc Programs ~ AWARD CONT[NUATION
Bureau of Justice Assistance ' SHEET ; PAGE 2 oF io
E Grant
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~ PR03ECFNFIMBBR 2009-SB-B9-0769 AWARDDA7'E 06125l2009
~ • SPECIAL CONDITlONS
~ I. The recipient agrees to comply with the financial and adminishative requiremeirts set fonh in the cuireut edirion ofthe
I Office of Justice Programs (OJP) Financiat Cruidt.
~ 2. The recipient aclmowIcdgcs that Failure to submii an acceptabfe fquat Employment Opporttmity Pian (if recipient is '
+ requireil to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
I violation of its CertiftcQ Assurances and may resuit in stspension oC termination of fimding, tutrii snch time as the ~
; recipient is in compliance. (
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' 7. T6e recipient ao ees to eompty with the organizationa] audit cequiremeirfs of OMB CircuEaor A-133, Audiu of States,
k Local Govemments, and Non-Profit Clrganizations, and further understands and agcees that ftmds may be withhald, or othar releted requircments may be imposed, i£ oulsFanding audit issues (if any) Crom OMB Circular A-133 audits (and j
any othar audils of OJP grani £unds) are not satisfactorily and promptly addressed, as further described in the cuttent
' edition ofthe d3P Financial Gnide, ChaQter 19. ~
4. Recipient understands and agrecs that it cannot use any federal funds, cither direct[y or indirectiy, in support of the ~
enaCtment, repcal, modification or adoption of any 3aw, regulation or poiicy, at any level of govemmont, without the
i express prior written approval of OJP.
' S. The recipient must prompfly refer to iha DOJ 0I0 any credible evidanca that a principal, employee, agent, conuacta ,
subgrantee, subcontractoc, or other person has either 1) submittcd a faise c3aim for grenY funds under the PaLu Claims ~
; Act; or 2) committed a crimina3 or civi] violation oP [aws pcxiaining 1o fraud, wnflict of interest, bn'becy, gratuiry, or i i
% similar misconduct mvolving grant fursds. This condition also appEies tn any subrecipients. Potential fiaud, waste, 3 ~
j abnse, oz miscondact shauld be reported to the OIG by -
~ mail; ~ s i
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OYIice of the kaPector Geneml • ~ ~
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U.S. Dopamnent of 7usrica L
Iavestigarions Division '
~ 450 PennsylvaniaAvenue, N.W. j ~
~ Room 4708
~ Washington, DC 20530 ~
~ e-mail: oig.hotlipeQusdoj.gov
hotline` (contacY infotmaUon in Engtish and Spanish): (800) 869-4499
or hotIine fax: (202) 616-9881
j Additional ittformarion is availab1e from the DOJ 0I0 website at www.usdoj_grov/oig.
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i 6. RECOVERY ACT - Confliet with pther Standard Texms and Condiuons i
; The recipient vnderstands aad agrees that a71 other terms and conditions contained in this award, or in appiicable OJP j
, grant potiey statcmcnts or guidanee, apply unless they eonflict or are supersedcd by the torms and eonditians ineluded f i
here thaY specifically implement the American Recovery and Reinvesuncat Act of ?A09, Public Law E 11-5 ("ARRA° ~
or "Recovery Acf') Rquirctnents. Recipients sre responsible for contacting their grant managers for any needed ~
clarifications. i i
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Department ofJustice
office of7usrice Pmgrams AWARD CONTINUATTON
Bureau of Jttstice AssLstance ! SHEET PAGE 3 OF t0
Grant "
i PROJECF Ntl,NBER 2069-SB-B9-0769 . ~ AWARD DA7B 06/I512009 .
_ SPECIAL CONDTflONS
7. The grantee agrees to assist B7A in complying with the Naaonal Environmental Policy Act (NEPA), the National
i Historic Preservatian Act, and other retatied federdl emironmental impact analyses wquirements in the use nf these
; grant fuads, eithcr directly by the grantce or by a subgrantee. Accordingly, the gramee agrees Lo first determine if any ~
E af chc following activiries wilt be funded by tha grant, prior to obligaring fimds for any of these purposes. Tf it is
~ determincd that any oftbe following activiries will be funded by the geant, the grantee agrces to contact B3A, i
The graatee undarstanda that this special canditian appties to its fotlowing new activities whether or not they are being
speeiFcally fanded with these grent funds. That is, as iong as the activity isbeing copducted by the grantee, a
subglanteq oi any third party and the activiry needs to be undertaken in order to use these grant {unds, t6it spec
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! condition must first bc met. The activitirs covcred by this speciat condition are:
a New construction; ~
! b., Minor rwrovation or rcanodeling of a property lacated in an environmentally or historically sensitive azea, inc[uding i : propcFtics locatcd within a 100-ycar flood piaia, a watland, or habitat fa endangercd spacees, ar a property liated on or
~ eiige'ble for listing on thc National Rcgister ofHistoric Placos; ~
! c. A ronovation, lease, or any proposed ase of a building or facn7iry that• wiil either (a) result in a change in its basic
j prior ase or (b) s[gnificantly change iu size; ~ j
; d. Impkmcntation of a new prograin imolving the use of chcmicats other than chemicals that aro (a) purchased es an
incidental componcnt of a funded activity and (b) tradirionatly used, for exaarpte, in office, household, reaeatios,at, ar ~ • i i
! educazion escvuonments; and • i
e. un lementation of a pra ~
p gram'relating to clandestine methamghetamine laboratory operations, including the !
identi&cation, seizure, or ctosure of clandestine methamphetamine iaboratories.
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! 7he gantee uaderstands and agrees that compiying with NEPA may require tho prcparation of an Environmentat i '
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; Assessment and/or an Environmontal Impact Statamant, as directed by BJA. The gantee fitrthcr understands and I ~
~ agrces to the requ'ucmcnts for implementation of a Mitigation Plan, as detailed at [website], far programs ralating to
mcthamphotamina Iaboratory opcrations
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Application of'This Special Condition to C3rantee's Exisiing Progruns or Activities: Por any of the grantee's or its '
~ subgrantccs' exiating programs or activities that will be funded by theso grani fimds, the giantee, vpon specific request
from BJA, agrxs to cooptiate with BJA in any preparation by BJA of a narional or program environmental assessment I f ~
of that funded program or acrivity, f
' 8. To avoid duplicating oxisting networks or IT systems in any iniiiatives funded by BJA for law enforcement information
sharing systems which involvc intcrstate coniiectivity botween jurisdiction, such systems shall cinploy, to the extant i i
possbte, existing natworks as the communieation backbona to achicva interstate connectivity, unless the grantee oan ~ j
demonstrate to the satisfaction of BJA that this requirement would not bc cost affcctive or would impair the j ;
~ ftmctionaEity of an existing or proposed IT system.
9_ The grantee agrees to comply with all Teporting, data colIection and evaluation requirements, as prescnbed hy law and
~ detailed by the BJA in grogram guidance for the Jusriee Assistance Cnant (7AG) Progsam. Compliauce wiih these ~ i
~ iequiremenb wili be monitorad by BJA. i
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! 10. The rxipient agrees that any information tcchnology system fimded or supported by OJP feuids will compty with 28
! C.fi.R. Part 23, Crimina! 1ntclligence Systems Operating Policies, if OJP determines this regulaiian to 6e applicabte. f j
~ Should OJP detciminc 28 C.F_R. Part 23 to be appifcable, OJP may, at its discretion, perform audits of The system, as ~
i pa the regulation. Should auy violation of 28 C.F.R. Part 23 occar, the recipient may be fined as per 42 U.S.C. ; i
I 3789g(c){c). R.ecipient moy not satisfy such a fine with federal fund4. . ~
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i Departrncnt of 7ustice
E OfFice of 7usticc Programs i AWARD CONTINUATTON i
Bureau of 3ustice Assistance ~ SHEET
PAGE 4 OF 10
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E PA07EC'fNE7MBER 2009-SB-B9-0769 AWhRDDAlE 00SI2C09 I
' SPECIAL CONDITIDNS
12. Tha granteo agcees to comply with the applicable requiraneats of 28 C.F.R. Pert 38, the
Depaxtmcnt of 7usriee ~ i
regulation governing ^Equal Treetment for Faith Based Organizations" (tho "Bqual Treazment Regu3acion"). The Eqvsl ' j
Tmatment Regulation provides in part tbat pepariment of lustice grant awards of direct funding may not be used to ' i
fund any iaherently religious activitics, such as woTShip, religious inshucfion, or proselytizaNon. Recipionts of d'uect !
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grams may sti11 engage in inheranily religious activities, but such ectivities mvst ba separate in iime or placa &om the
Depaztment of Justiee funded program, and participation in such activities by individuals receiving services from the f '
grantee or a sub-grantee must be voluntazy. Tha Equsi Treatment Regulation also makes clear that orgaaizations . i 1
particigating in pmgrazns directly funded by the 17eparlment of 7vstice are not permitted to discriminate in the provision i
ofservices on the basis of a beneficiary'a religion. Notwithstanding eny other speciat condition ofthis award, faith-
based organizations rnay, in some circuuutances, consider re[igion as a basis for employment Sa
htt}r./lwww.ojp-gov/aboudacr/aqaal_fbo.htm. • . ~
j 12. The rocipient agrees to ensum thaE the Staze Information Techaotogy Point ofContact nceives written notifrcatian ~
~ regarding arey jnfornzation technology psoject funded hy this grant during the obtigation and expcnditure petiod. This is
I to facilitate communicatian among loeal and state govemmental entitias regarding various informatioa technology ~ i
~ projceta being conducted with these granY funds. In addi2ion, the reci ent
1 pi agreas to maintaia an administrativa file ~
documenting the meeting of this requirament. Por a list of State lnformation Technology Poinu of Contact, go to
hrip:/lwww.it.ojp.gov/default.aspx?atea-polioyAndPractice&page-]046.
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1 I1 The recipient agras that fimds received under this award will not be used to supplant Stato or local fimds, but will bc i
ased ro increase the amounta of such funds that would, in the ahsence of Federal funds, be mad¢ available for law ~
! enforcemeat activities
f 14. RECOVERY ACT - JAG - Tnut Fund I
The rccipient is required to establish a trust fund accaunt. ('I'he uust fund may of may not be an intacst-bearing ~ j
account.) The fund, including any interest, msy not be used to pay debts or expenses incurred by other activities beyond ; I
che scope of either the Edward Byme Momorial .Tustice Assistance Grant Pcogram (JAG) or Recovery JAo Program: ` j
The recipient also agrees to obligate aad expend the grant fimds ui the CusY fund (iacluding any interest eamed) dwing ~ f
i the Period ofthe ranf. Grant Rinds. (includin a ~ L
8 g try utterest eamed) not expended by tha end of ths grant period must be ;
retumal to the Bureau of Justicc Assistance no larei thary 90 days after the end of the gant period, along with thc fmat !
~ submission of the Financial Staiius Repon (SF-269).
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15. RECOVERY ACI' - Access to Records; Interviews ! j
~ The recipient'understands and agcees that DOJ (inetuding OJP snd the Office of tha Inspector Gonera! (OiG}), and its I
represencafives, aud the Govemment Acxountability Office (C3A0), shall have access to and the right to axamine all ' i
records (including, but not Zimited to, books, papers, and doeumcnts) related to tlus Reeovery Act awatd, including ~ i
sueh records of any subrecipient, eonttaetor, or subcontractor. ! .
The rec}pient atso understands and agraes that DOJ and tha GA0 are aothoriud to interviaw airy offtcer or tmployee of
i ths recipient (or of aay subreeipient, contractor, or subcontractor) regarding transactions rolated to this Recovery Act
i award.
~ 16. RECOVERY AC'I'- One-time funding (
~ The reaipieqt understands and agees that awards under the Recovery Act will be one-t'vae awards and accordingly that
! its praposed project activiries and delivera6les are to be accomplishedwithont additional DOJ funding. ~ j
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OJP FDRM 4000/2 (RfY. 486)
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' Office ofJustice Programs ~ AWARD CONTINUATION I i
i Buresu of Justice A,ssistance ' SHEET PAQE S oF io i ~
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. ~ PROJEGTNU~7BER 2009-3H-99-0769 AWARDDAT& 06125l1009 .T_ .
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SPECIAL CONDITIONS
17. RECOVERY ACT-Separate Tracking and Reporting ofRecnvery Act Funds and Outcomca = i
+ Therecipient agrees to track, account for, and report on all funds &om this Recovery Act award (including specific
f outcomes and bene$ts attributable w Recovery Act flmds) separately from ati other fimds, includittg DpJ award fuads ~
~ from non-Recovery Act awar+ds awarded for die same or similar pwposes or progazns. (3tecovery Act funds may bo I !
useci in conjunction with other funding as necessaryto complete projects, but tracking and reportiag of Recovery Act
funds must be separace.) • I I
Accordingly, the accountaig systems of the recipient and all subrecipients must ensura that funds from thia Recovery
~ Act award aie noi commin$led with funds from
azry other source.
, I The recipient forther agrtcs that all personnel (including subrecipient petsonnel) whose activides era to ba charged to
E rha awazd will maintain timesheers to documeut hours worked for activities r+alatad to thrs awerd and nen-award- !
related activides.
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; 18. RECOVF.RY ACT - Subawards - Moniroriag i ~
The recipient agrees to monitor subawards under t6is Recovery Act awazd in accordance with aIl'appiicable sretutes,
3 rogularions, OMB circulars, and guideNnes, including the 0IP Financial Cfaide, aad to inetude the applicable conditions ~ i
of this award in any subaward. The recipient is responsible for oversight of subrccipiant spending and momtoring of j J {
specific outcomes and benefits aihibutable to use of Recovery Acf fLuds by subrecipitnts. I'he recipien; agrees to j ~
; submit, upon request, documentation af its policies and procedures fur monitoring of subawards nnder this awazd.
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19. RECOVERY ACT - Subawards - D[IN$ and CCR fa lteporting . ~ !
Tha recipient agrees to work with iu first-tier subtecipienu (if any) to cnsure that, no Iater than tfie dae data ofthe ~
recipienYs first quarterly xeport after e subaward is made, the suhrecipient has a vatid DCJNS profile and has an active ~
' registration with thc CcntraF Contractor Registration (CCR) databasa
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~ 20. RECaVERY ACT-Qaarter)y Financial Reports
~ The recipient agrees to submit quartuly financial status rcports to 03P,- At pcesent, these reports aro to be sabmitfed
j on-line (at httpsJ/grac:ts.ojp.usdoj.gov) using Standard Foim SF 269A, not later than 45 days a@er rhe en@ of each
caltndar qaarter. T.ha recipient understands that after Ociober 15, 2009, OJP will disconlinue its usa of the SF 269A,
~ attd will rcquire award recipieats to submii quartcrly financial status reports within 30 days after the end of each ~
i celcndaz quarter, using the govemment-wide Standard Porrp 425 Federa] Financial Report from (available for vicwing
at wwv.whitahouse.gov/omWgrants/standard_fottnslffrpd~. Beginning with the report for the fourth catendaz quartar
of2009 (and continuing therea@er), the recipient agrees that it will submit questerly fmancial status reparts W OJP on-
line (at https:/lgrants.ojp.usdoj.gov) using the SF 425 Fedcral Financiat Report form, not later than 30 days after the end
of each calendar qnarta. The Hnai repart shail be snbmitted not later thaa 90 days following the end of the gsnt period.
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OlP FORLM 4000l2 (REV. 4-89)
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Offica ofJusace Programs i AWAitJV CONTINUATION !
Bureau of Justice Assistance ! SHEET . PACE s oF 10
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i PROJ2C7 MJMSER 2009-SB•89-0769 AWARD DATE ~y 0&"L5/2009
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SFECIAL CONDITIONS
21_ RECOVERY ACI'- Rccovery Act Transacxions Listed ;n Schedule ofF,xpeadituazs of Fede,ra( Awards aad Recipicnt ~ i
Responsibilities for lnfottning Subrccipiants
~ (a) The rocipieut agreea to maintain records that idanti fy adequately the saurce and appFication of Recovery Aci
funds, to maximize the traasparcncy and accountability of fnnda authorized unda the Recovary Act as required by the ~ Act and in accordance with 2 CFR 215.21, "Unifarm AdministraEivo Requirements for Grants and Agreements with
Institutions of EUgher Education, Hospitals, and Other Non-profit Organszations" and OMB A-102 Comrnon Rules
~ provisions (reiating to Csrants and Coopcrative Agreements with State and Local Governmcnts).
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(b) Thc recipient agrees 4o scpazately identify the expendihu+es for Fedecai awards under the Raovcry Act on the 5chedule of Expcnditures of Federal Awards (SEFA) and the Data Cofiection Fosin (SF-5AC) required by OMB j j
Circulaz A-133: This conditian only applies if the recipicnt is covered by the Single Audit Act Amendments of ] 996 i •
i and OMB CirouJar A-133, "Audiu af Siatcs, T,ocal Govemmcnts, and Non-Profii Ocganizarioffi." This shali bd
~ accomp&shed by idcntifying cxpendinues for Fcdcral awards made undcr the Recovary Act separate[y on the SEFA, ~
i and as scpatate rows under Item 9 of Part III oa the SF-$AC by C,FbA numbar, and inclusion of the pmfix "ARRA-"
I in identifyin$ the nama of the Fcdera] program on tho 3EFA and as the first characte7s in Item 9d of Pect III on the $F-
SAC. . •
(c) The recipient agtxes to scparately identify to each subreoipicnt the Federal award numba, CFDA number, and ~ ' ~
amouat of Itecovery Act fuuds, and to document this idtndfication both at the rimc of subaward and at the time of ~ f
disbutsanent of funds, Whcn a rccipient awards Rccovtry Act fvntFs for.an cxisting program, the infocmaeon
fiunishod to subrecipienrs shall distieguish the subawards of inaremantal Recovery Act fimds from ragutar subewards ~
under the existing psogram. • j
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(d) The recipient agrees ro requirc irs subrecipients to specificatly identi€y Recovery Act fundiQg on their SEFA
, informarion, similar to the rcquirements for the recipieat SEFA described abave. This informatxin is needed to allow
the recipient to properly monitor subiscipient expendiiure of Recovery Act iuads as well as facititate oversight by the ~ Federat awarding agencies, the DOJ OIG, and the GAO. I
~ 22. RECOVERY ACT - Reporting and Registrarion Requirements uader Section 1512 of the l2ecovery Act. ' '
j (a) 7his award requires the recipient to completc projecu or activides which are furnJed under the Recovery Act and to
i report on use of Recovery Act funds provided tluough tbis award. Information from thcse reports will be made
availabie #o the pubGc. i } 1
(b) Tha reports are due no ]ater than un calendar cfays after cech calendar quarter in which the recipiencreceives the
assistance award funded in whele or in part by.the Recovery AcL ~ i
(c) Recipients and their first-tier recipients must maimain current rogishations in the Central Contractor Registration
(www.ccr.gov) at all times during whioh they hsve active federal awards funded with Recovery Act funds. A Dun and
~ Bradstreet Data Univexsal Numbering System (DUNS) Number (www.dnb.com) is ona of the requirements for
! ragishation in Yho CenuaE ContracEOr Registzation.
(d) The recipient shel] report the informatioa dtscribed in secEion 1512(c) of the Racovery Act using the reporting '
instructivns and data elements that wiU be provided oni'me at www.FederalReporting.gov and ensuro that any
inforrnntion that is pro-filled is correctod or updated as neaded.
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07P FORINi 4U0012 (REV. 9-88)
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Office ofJastice Pro ~
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Bureau of Jastice Assistance SHEET rncs . 7 oF io i
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; PRO]ECT NUMBER 2009-SB-39-0769 AWARD DATE 0Gr2512009 !
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1 SPBCIAL CONDITIONS f !
~ 23. RECOVERY AC1' - Provisions of Section 1512(c) I
~ The recipient understands that section 1512(c) of ihe Recovery Act provides as follows: •
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, Rccipitnt Reports- Not Iatar than I O days efttt the end ofeach calaidar quazter, each recipient that received recovery
funds from a Fedcral ageacy shall su&mit a repozt to that ageacy that contains-- j i
(1) tGc tota[ amount of recovery funds received from that agency; ! ?
; (2) thc amount oftccovery funds received that were exprnded or obligated to projects or acHvities; and
~ (3) a detailed Gst of all projecls or activities for which teoovery funds were expended or obligated, includiag--
(A) the ilama of tho projxt or acrivity;
~ (B) a dcscription of tha pmject or activity; ~
(C) an evalua'tion of tha complaYion starus of the projeat or activity; ~
~ (D) aa ostimata of the number of jobs creamd and the number of}abs ietained by thz project or activity, and ~
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! (E) for infrast[ucture mvestmcnts made by state and local gavernmems, the purpose, totat cost, and rationale of tfie j
agency for funding the infrastructure inves~enrt with fimds made available under this Act, and name of ihe person to. i ~
contact at thc agcncy if there am concans with tEu infrastrvctura investment.
(4) Detaiisd' informnfion on any subcont[acts or sahgrants awarded by ihe recipieut to inoludo the data elements
~ roqaired to comply wittx the Federaf Funding Accoantebility and MYansparency Act of 2006 (PubGe Law 209-282), ~ - • i '
i albwing aggregate reporting on awards below $25,000 or to individuals, as prescnbed by the'pfrector of the Office of
~ Management and Budget j
l ; 24. RECOVERY ACT- Protecting SYate and Laca] Govemment and Contractor Whisdeblowers (Recovety Act, section
1553)
The recipicnt recognizes that the Recovery Act grovides certain protections against reprisals for employees of non-
; Federal employers who disclose information ressonably belicvcd to be avidence of gross managcment, gross waste,
substanfial and specific dangor to public hsaith ar safety, abuse of authority, or vio[arionv of law ielated to contcacts or
~ grants using Recovcry Act funds. For additional infocmation, refer to secrion 1553 oftlu Recovcry Act. The text of
~ Rccovery AcY is available at www.ojp.usdoj.gov/recovery.
~ 25. RECOVERY ACT--Limit on Funds (Rccovory Act, sectian 1604)
~ The recipiant agtees that nona of the fitnds undec this award may be used by any Sta1e or local govcmment, or any ;
~ private entity, for cansiruction costs or any othcr support of anr casino or other gambling establishment, aquarium, zoo, ~ i
~ go[f course; ar swimming pool, ~
i 26. RECOVERY AC'f - Infisstructure investment (Recovery Act, sections 1511 aud 1602) ~ I
The recipient agtees that it may not usa any funds made available ander this Recovery Act award far infrastrucque
' investment absent submission of a satisfactory certification uader section I511 ofthe Recovery Act Should the
tecipiant decida tv usa fands for infiastnicture invesqnept subsequent to award, the recipient must suhmit appropriate
certi6caiians undar section 1511 of the ltccovery Act and receive prior approvnl from O)P. In saekiqg such approval, ~ i
the recipieat shalt give prcfercnce to aetivitics that can be started and eqarpleted expcdiciously, and shall uso award
~ funds in a manner that maxirttizes job creation and economic benefits. The text of the Recovery Act (including scctions i
, i 1511 and 1602) is available atwww.ojp.usdoj.gov/recovery. ; i
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01P FORM 4000n (REV. 4-89) •
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Department ofJusticc ! i
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Bureau of Justice Assistance .4 SHEET pacE a oF io i '
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° PROJECt'NUM6ER. 2009SB-134-069 AWARDDA'[6 00512009
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~ SPECIAL CONDITIONS
1 27. RECOVERY ACI' - Buy American Notification (Reeovery Act, secrion ] 605)
j TEie recipirnt understands that this awazd ia subject fo the pxovisions of seetion I605 of'thc Recovery Act (`Buy E ~
E American"l., No award fmids may be used for iron, steei, or manufactured gonds for a project for the constraction,
alte:ation, maintenanca, or repair of a public birilding or public work, unle9s the cecipient provides advance writtcn I ;
notification to tha OJP program office, and a Caant Adjustment Notice is issued ifiat modifics this special condition to j i
~ add govemment-wida standerd conditions (anricipated to be published in subpart B of Z C.F.R. part 176) that Furthcr
! implement the specifc requirements or axceptions of sectian 1605.
i Section 1605 of the Reeovery Act prohibits use of any Rewvery Act funds for a project for the canstruction, alteration,
~ maintenance, or-ropair ofa public building or public wark unlass aI7 oftha iron, stee[; and manufacwred goods used'tn
fhe project are prodaced in tha United States, subjact to certain oxceptions, including United States obligations under
mtemational agreemeats.
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; For purposes of this speeial condition, the fotlowing definitions apply: • 1 i
j 'Public buelding" and "publie woriz' means a public building of, and a publie work of, a governmental enrity (the United ( j 1
~ States; the~pistricY of Columbia; cemmonwealths, territaries, and minor outlying islands of the Linittd States; Stete and I '
local gavarnm(nts; snd multi-State, regional, or intazstata entities which have govornmetita[ fvncYions). Thesa
buildings and works may include, withoUt limitation, bridges, dams, p3ants, highways, pazkways, streets, subways,
lurmeLs, sewets, mains, power lines, pumping stations, heavy geitetators, railways, aicports, terminals, docks, piers,
wharves, ways, lighthouaes, buoys, jetties; breakwaters, lavees, and canats, and 3he construcrion, sitcration,
mainteasnce, or repair of such buildings and wotks.
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~ "Manufectured good" means a good brought to the construction site for incorporation inW Ute building oz work that has
been•- ~
(3) Processedinio a specific fotm a.nd shape; or
j (2) Com]ained with oYher raw matetial to creete a material 2hat has different properties than the properties of the ~ i
; indtvidual raw materials. • i
"5tee!" means an aUoy that includes at least 50 percent iron, between.02 and 2 perceat carbon, and may include other
elements. . I
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For pucposes of OTF grants, projects involving aonstructian, aitcration, maintenance, or repair ofjaiis, detention ~ j
faci'lities, prisons, pubiic crime victims' sholters, police faciliEies, or othar similar projects wi]l likely trigger this ~ j
i provision.
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i NOIE: The recipient is encowaged to contact the OJP program manager- in advence - with any qucstions conccrning
lhis condition, inctuding its applicability to particular circumstaaces.
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OJP FORM 4000l2 LREV, 4-86) . ' ,
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4 _ Of#ice of )ustice Programs ~ AWARD CONTINiJATION
Bureau of Justice Assistance i SFTEET PAGB 9 OF 10
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f P&O7ECTN[!M$ER 2009-SB-B9-0769 AWnRDpATE 06/25J2009
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SPECIAL CONDITTDiYS
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28. ItECOVERY ACT - Wage Rate Requirements under Section 1606 of the Recovery Act I
(a) $ection 1606 of kha Recovery Act requires that all laborers and mechanics employed by contractors and
~ subcontcactors on pmjects funded directly by or assisted in whate or in part by and through tho Fedaral Govemment
i pursaant to tha Recovery Act shsil ba gaid wages at rates not lrss than those pravailing on projects of a character i '
i simifar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title
' 40, United States Code. ~ i
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Pursuant to Reorganization Plan No. 14 and the Cope[and Act, 40 U.S.C. 3145, the Bepartment of Labor has issaed '
regulations at 29 CFR Yarts l, 3, and 5 to impiament the llavis-Bacon and rolated Acts. Regulations in 29 CFR 5.5 ~
: inshvct agenaies concerning app[icauoa of the sandard Davis-Baeon eontraet clauses set foith in that secdon. The
~ standard Davis-Bacon contraet clavses fuand in 29 CFR 5_5(a) are to be incorpozated in any covered contracts made
I under thls award that are in aceGSS of $2,000 for conshnction, altcrarion or repair (including painting-and deeorating),
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~ (ts) Fot additional guidance on the wage rate requirements of socrion 1606, contact yous awardiag ageney_ Recipients of
grants, cooperative agreements and ]oens should ditect Their inilial inquiries coneerntng the applicetion of Davis-Bacon
1 requirements to a particulaz federally assisted project to the Fedaal ageney funding the proj ect. The Seeretary of Labor
i retains Fena[ coverage authority imder Reorganizarion Plan Number 14. ! f
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~ 29, RECpVERY ACT - NEPA and Relatad Laws
! The recipient understands that all OJP awards are subjeet Eo the Narional Environmcntal Potiey Act (NPPA, 42 U.S.C.
~ section 4321 et seq.} and other related Federa] laws (inclnding the Nazionai Hisroric Presarvntian Act), if applicabte. i } t
~ The recipient agroes to essist q3P in carrying out its responstbilitias under NEPA aud ielated laws, if the recipient pians ~ J !
to use Recovery Act funds (directly or Uuough subaward or contract) to undertake any activiry that higgers these
requirements, such as renovation or coasttvcriom. (See 28 C.F.R. Part 61, Rpp. D.) The recipicat slso egaea w compty
with ail Federat, State, and local environmerttat laws and regu[ations appliceble to the davelopmeni and implementation I i .
of the acciviries to be funded under this award, i i
30. RECOVERY ACT - Misuse of award £vnds
~ The recipient understands and agrees thet misuse of award funds may tesult ia a range of panal4, incloding
suspension of current and future funds, suspension or debarment fror+f federal grants, rocoupment of monies provided
under an award, and eivil andlor criminat penaIHes. ' j
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31. RECQVERY ACT - AddiNonat Rcquircments and Guidance
'I'he recipient agrees to comply wifh any modiScafions or additional xequirements that may be imposed by iaw and ~ i
future OJP (incIuding government wide) guidance and clarificadons of Ttecovery Act requirernents, ~ I
32. RECOVERY ACT -)AG - Delinqaent section 1512(c) ropo:ts
The reeipient acknowlcdges that it has certified that it will comply with all reporting requirements under secrion • f
15 12(c) of the Recovery Act (An online reportitig mecLanism is anpcipated to be available for award recipient use by
~ October 10, 2009.) Funhcr to this certi&catian, a faiiure to comply with the section 1512(c) reporzing requiraments
, may, in addition to o[hrs penahies, subject the Tecipient w rhe foUowing:
(1) After failure to rcport scction 1512(c) data for two consecuGve reporring periods, the recipient may he- (a)
~ precluded from drawing down funds under any OJP award, and/or (b) deemed ine]igible for future diacretionary OiP k
i awards, until such time as the recipicnt bccomes current in iis secrion 1512(c) reporting obligatioas; and
i (2) After failure to repoR section 1512(c) data for three consecudve reporting periods, the recipiant, upon writtcn
demand of the Director of BJA, shatt teturn to 07P any vnexpended award fiends (including any ancxpended interest
earued on award Funds) wiYhin 15 calendar days of the dau of ihe demand norice. Thereaha, the racipienYs award shall
be converted to a cost-reimbursable grant antil such tune as the recipient becomes current in iu section 151 ~
reporting obligations, and remains cuitent for not less thaa two additional consecutive reporting periods.
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~ DepartmentofJus6ce
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~ Office of Jusrica Progranu ~ AWARD CONT3NEIATION . ~
Buresu of Justice Assistance ~ SHEET . PAOE io oF io i
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GTant i
i PROIECT NUMBER 2009-SS•S9.0769 ~ AWARD DATE 06/25f1009 ~
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I SPEG74L CONDTl70NS ; j
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I 33. Recipient may not obHgate, expend or c[rawdown funds untii the Buceau of Justice Assistance, Officz of )astice'
Prog:ams has received documentation domonstrating that the state or local goveming body reviaw and/or commaaity ( i
i notification requirernents heve been met and has issued a Csrant Adjustrnent Notice (GAN) releasing this spxial
' coadirion.
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O1P FORM 4000l1(RE V. 4-98) , . . ~
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Recovery Act: Edward Byrne Memorial
Justice Assistance (JAG) Grant Formula Program
King County Joint Application
Project Narrative
City of Auburn
Project Name: (1) Cammunity Policing, (2) Court System: "Alternatives to Incarceration", and
(3) Video Surveillance System
Project Cost: $161,101
Project Description:
The City of Auburn is submitting a joint application comprised of three prograzns: 1) Auburn ~
Police Department "Community Policing" program; 2) Auburn Municipal Court's "alternatives ~
to incarceration" mental health and substance abuse progam, and 3) installation of a video ;
surveillance system foz a new city parking facility. ;
(1) The City of Auburn will utilize the federal funds received to support "Community-policing" ~
program efforts. The concept of community policing enables officers to work in specific i
neighborhoods for a protracted period of time, become knowledgeable about neighborhoods and ?
develop individual relatianships with residents and business owners. Developing a rapport with '
the community members allows 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.
(2) In October, 2005, the Auburn City Council approved the Municipal Court's "alternative to ~
incarceration" mental health/substance abuse program. This innovative "direct treatment release"
program was initially administered through a contract with Sound Mental Health (SMI-), which ;
has focused on the needs of the mental health and substance abuse population. The pragram i
mission is to provide "alternatives to incarceration" services to mentally ill and/or substance ~
abuse offenders by partnering with mental health and substance abuse prevention providers in ~
order to link offenders to services they need to combat their illness and to allow them to function .
as productive citizens. The Auburn Municipal Conrt's ob,}ective is to provide treatment releases
as the preferred intervention whenever possible, contract with mental health and substance abuse
treatment providers for treatment services, and leverage state and federal funding sonrces to i
support the program. '
In 2007 at an expense of $186,249 from the City of Auburn's General Fund, the Municipal Court
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was able to complete 224 mental health and drug dependent treatmerit releases. The Iarge
number of releases at a very low net cost per release ($831.47) vvas made possible with the
support of funds from Washing#on's General Assistance for the Unemployed (GAU) and General
Assistance for those with Social Security Benefits (GAX), and utilization of the Federal
Alcoholism and Drug Addiction Treatment Support Act (ADATSA) along with private contracts
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and other faith based programs. The 2008 City Budget only provided $178,879 in funding the
Court's mental health services program. The court, however, was still able to cornplete 238
treatment releases. The 2009 City Budget and the usuai State of Washington funding support
have already undergone huge cut-backs with more expected at the beginning of the next budget i
cycle on 7/1/2009. At this time, the State has reduced ADATSA funding by 18% and a similar j
reduction in GAU/GAX funds has also been imposed. Due to these major cutbacks, several local
treatment providers made the decision to close their operations. Through a desperate last chance
effort, they remain open because of direct contracts with the City of Auburn. This effort by the
City has temporarily addressed their immediate funding needs, but the additional expenditures
will exhaust the available City resources before the end of the year making the need for the ;
Byrne Grant critical to sustaining the City's mental health program. ;
When dealing with mentally ill and/or chemically-dependent criminal defendants, there are only ;
a few program options available to the City: 1) continue to incarcerate them at a significant cost
to the community, 2) provide services that, if sustained, have the potential of eliminating the
criminal behavior, or 3) do nothing. The City of Aubwm has chosen to provide the essential ~
service of attacking the contributory reason for the criminal behavior by focusing on
"alternatives to incarceration". '
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(3) The City af Auburn requests $71,101 to construct a video surveillance system in the City's ~
new four story parking gaxage for public safety purposes. The City will design and install a fifty-
camera TP-based video surveillance system to provide real-time and recorded video monitoring i
of the new parking structure. This system will allow public safety to securely view real time and j
saved video from their patrol cars and desktops. This system will provide 240 real-time video i
surveillance, enhanced law enforcement awareness and respoinse, enhanced information sharing
with agencies providing mutual support, direct and indirect job creation in project ~
implementation and promoting a safe environment that will motivate new businesses to locate in ~
the City's downtown.
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Prograrn Need: ~
(1) With the recent economic difficulties facing the City of Auburn, the police department will ~
be required to reduce its allocation of staff and personnel overtime associated with nnaintaining ~
the community-policing programs. With the funds provided with the Byrne grant, the police ~
department will be able to maintain these programs and assist with stabiiizing the overtime ~
budget. These cammunity programs funded primarily with overtime are essentiai to providing
service to the citizens of Auburn in order to maintain strong ties with the communitY. I
(2) Mentally ill/substance abuse offenders are not only incarcerated at a higher rate, the cost of
their incarceration is also higher given the need for specialized care, and chemical dependency ;
and psychiatric medications. Quite often these same offenders have concurrent clzarges in other
jurisdictions further complicating any possible release due to bench warrants and other holds. To
reduce future incarcerations following a.n offender's release from jail, it is also imperative to
ensure each offender has been linked to appropriate mental health care, substance abuse
treatment, and housing. The rationale for focusing on criminal offenders with substance abuse
and mental health issues stems from disproportionately high jail usage for such offenders. King
' County concluded that among inznates wzth drug or alcohol related charges, those with co-
Recovery Act: Edward Bycne Memorial JAG Grant
King County Joint Application - Project Narrative ~
Page 2 of 7 ~
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accurring psychiatric disorders (COD) have nearly doubled the length of sta.y in King Connty
jails. Furthermore, people with CODs represent 60% of District Mental Health Court cases and
41 % of Drug Diversion cases with one-third of those offenders classified as being "homeless". ~
Approval af this funding grant will meet the purposes of the Recovery Act by:
• Sustaining the successful Municipal Court mental health program; showing competency
of the program and the Court's ability to immediately demonstrate positive results.
• Preventing the closing of two provider companies, and sustaining the saving of fifteen '
(15) jabs of the mental health and substance abuse service providers.
• Providing assistance to stabilize the City budget using alternatives to incarceration to
reduce annual General Fund costs by a minimum $271,000 and ensuing potential job
cuts; a 5.4 to 1 fund leveraging.
• Leading to the City's ability to leverage other grants. `
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(3) The objective of this project is to further enhance safety in our downtown redevelopment
efforts. Having a safe downtown will promote the further development of downtown Auburn
bringing professional and retail business into our core. As citizens and visitors feel safe coming
to the downtown for services, activities and events, businesses will relocate to our downtown ~
providing more jobs. '
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Having the video system will allow afficers more efficient means of crime solving and
prevention. With budget shortfalls, this will avoid reduction of other essential services.
Program Activities for 4-Year Grant Period `
(1) There are three prunary programs that comprise the communiry-policing portion of Auburn's
. grant: '
Crime prevention Bloek Watch MeetiW: The Auburn Police Departxnent has an active Block
Watch program, with over forty organized groups in the city. The Auburn PD takes a unique
approach to Block Watch, in that a xepresentative from the Patrol Unit accompanies the
Community Programs/Crime Prevention officer to nearly every Block Watch meeting. Having a
member of the Patrol Unit on-hand to answer specific questions posed by residents is paramount,
as these officers have the most up to date and relevant information possible.
Citizen's Academv: Since 1993, the Auburn Police Department has hasted a Citizen's Police
Acadezrny far local residents. The Citizen's Academy is a 12-week program where participants
rneet once each week fronn 6:30 - 930 p.m. to learn about and interact with Police Departmerit
employees, from the Chief of Police to the Volunteer Program Coordinator. Topics of discussion
include K-9, Narcotics, Investigations, Firearms/Officer Survival, Records Management, Traffic ;
Enforcement, and Patrol to name just a few. This program has been very successful in educating ;
our community members in terms of the basics of law enforeement, as rvvell as building public ~
trust and support. ~
Fireworks Safetv and Enforcernent Program: The Muckleshoot Indian Reservation is located
within the city limits of Aubiun. I.eading up to and including the 4th of July, the znem.bers of the
Muckleshoot Tribe sell fireworks. The majority of these fireworks are illegal to possess in the ~
City of Auburn, but legal to sell and discharge on the reservation. Each year there are a number
of injuries and substantial property damage associated with the illegal discharge of fireworks off
Recovery Act: Edward Byrne Memorial JAG Grant
King County Joint Application - Project Narrative
Page 3 of 7
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of the reservation land. There have been increasing efforts by the City to reduce the illegal ~
discharge and possession of these fireworks in an attempt to reduce the number of injuries and
property damage. This includes extra patrol efforts off of the reservation and a cooperative effort
with znembers of the tribe to educate and safely znonitor the sale and discharge of fireworks on
the reservation. '
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(2) The following program activities for the Municzpal Court "alternative to incarceration"
program will occur during the grant period: 1) execute and maintain contracts with rnental ~
health/substance -abuse providers in lieu of services and funding that has been cut by the State of ~
Washington and King County; 2) continue to work to prevent the closure of two mental health ~
program operations and to sustain counseling support jobs; 3) seek additional forms of long-term
sustainable program funding; 4) provide steps to improve pragram successes through ~
collaboration of all elements of the municipal court and criminal justice system; and S) monitor i
and measure the program outcomes and prepaxe an annual program achievement report. j
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(3) The following proposed activities will be accomplished during the grant period: December ;
2009 - Instali and implement base system; January-December 2012 - complete installation of '
fifty (50) camera system; full operation of equipment and evaluation of progrann. '
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Anticipated Coordination Efforts Invalving JAG and Related Justice Funds: '
(1) The Ciry of Auburn has recently submitted an application under the COPS Hiring Recovery
Program requesting eight officers to promote the police department's community policing and
problem solving efforts. If awarded these positions the police department has rnade a ;
commitment to expanding the current Community Response Team, which deals directly with the
public to resolve neighborhood problems and build community relationships. There is also a !
commitment to continue with crime prevention block watch meetings to maintain cammunity involvement in their neighborhoods in an effort to reduce crime.
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(2) There are no anticipated coordination efforts involving JAG and related justice funds
anticipated for the "Alternatives to Incarceration" program.
(3) There are no anticipated coordination efforts involving JAG and related justice funds !
anticipated for this "Video Surveillance System" program.
Project Objectives:
(1) The objective of these programs is the ability to maintain the programs and, if possible,
increase the frequency of such meetings and efforts in this essential area of law enforcement. ;
These efforts are measurable by the frequency of the meetings and the outcome of those
meetings seen in the reducrion of specific neighborhood problems. The reduction in these '
neighborhood problems is essential to law enforcement in that it allows. officers to reduce the
response times to Part I and Part II crimes. With the efforts of educating and enforcing the .
public on fireworks safety and laws, the xesults of these efforts will be measured by a reduction
of injuries, property damage and complaints of illegal fireworks dischazge. The effectiveness of
these efforts will be measured against prior years and modified to be increasingiy mare effective. ,
(2) The Municipal Court's mental health program is an essential City service that is comprised of
the following objectives: Link non-violent offenders with mental illness andlor snbstance abuse
Recovery Act: Edward Byrne Memorial JAG Grant
, King County Joint Application - Project Narrative
Page 4 of 7
problems to appropriate treatnnent programs; Reduce recidivism of inentally ill and substance
abuse offenders, reduce jail costs, minimize drain on the znunicipal court budget, and sustain ,
jobs; and Continue this essential service without adversely impacting General Fund resources or '
necessitating increases in citizens' taxes.
In addition, the major objective of providing treatment services for thase rnental health/substance
abuse offenders as the preferred alternative to incarceration is a meaningful and effective
program. The Washington Sta.te Institute for Public Policy issued a report entitled "Mentally Ill
Misdemeanants: An evaluation of Change in Public Safety Policy" which states:
• Treatment group defendants were significantly.less likely to be convicted of a subsequent
felony crime than comparison group defendants.
• Treatment group defendants were significantly less likely to be convicted of a subsequent
misdemeanor ar nnisdexneanor crime against a person than comparison group defendants.
• Treatment graup defendants were significantly mare likely to receive aulpatient
community mental health treatment than those in the comparison group. (3) After many years of neglect, the City's downtown is under extensive revitalization to
promote economic development and as a designation as a center for entertainment, including the
historic Auburn Ave Theatre and the arts. There is also a large medical campus being expanded
in the downtown that will bring more people to our City core. The parking garage is being
constructed as a public/private partnership to enhance access and as such having a facility where
visztors feel secure is a primary concern. It is estimated #hat ten {10} direct jobs will be
associated with this project and the effects of a safe environrnent will promote economic
development in the downtown creating many more. '
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Performance Measures: :
(1) The following performance indicators are being utilized in order to measure the "community ~
policing" progratn performance:
a} The number of hours of programming provided will be measured by the number of hours of
programming provided to individuals or communities during the reporting period. b) The number
of comnnunities that show a desired change in awareness, knowledge, behaviors or procedures
will be measured by the number of defined groups that show a desired change in awareness, j
knowledge, behavior or procedures and number of defined groups served during the reporting ~
period.
On a quarterly basis, there will be a comparison of the number of "block watch" meetings and ~
the results of those meetings in the area of complaints or crirne reduction in that neighborhood. ~
This analysis will include crime or complaint rates prior to the block watch meetings in
comparison to these issues post the meeting and institution of any programs in the neighborhood. i
Efforts in fireworks injury and damage rednction will be compared to prior years and will be ~
evaluated to determine more effective courses of action. The Citizen's Academy will be '
rneasured by the number of attendees and course evaluations to determine the effectiveness of ;
the academy. The performance of the program will also be rrzeasured by the post block watch
meetings or other community programs that are established by members who attended the
academy.
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Recovery Act: Edward Byrne Memorial JAG Grant ;
King County Joint Application - Project Narrative ;
Page 5 of 7
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(2) The follawing performance indicators are being utilized in order to measuze the "alternative
to incarceration" program performance: ~
a) The number of individuals who completed prograrruning before the reporting period compared
to the number of individuals provided programming during the reporting period.
b) The number of partners who are shazing resources/information and strategies, and total
number of taskforce partners.
c) Cost savings as a result of new systems implemented will be measures by a comparison of
dollars expended prior to initiative and dollars expended after initiative.
In addition, the following outcome measures will be utilized to assess the grant objectives:
a) Number of training hours and persons trained to facilitate ongoing operation of the program.
b) Number of partnerships and operating agreements developed with jurisdictional stakeholders.
c) Number of defendants referred, evaluated, approved and opting in/out of the program.
d) Number and percentage of participating defendants wha fail to comply, terminate and/or ~
complete the program.
e) Follow-up data to include number and nature of subsequent law violations, at 1 yr and 5 yr ~
post-completion.
(3) The following performance indicators are being utilized in order to measure the "videa
surveillance system" program performance:
1) The amourit of funds expended on the equipment will be measured against the amount of
funds awarded to purchase the equipment. '
2) The expected change in victimiza,tion will be measured by the counts of victims of crime to
determine whether the changes in counts reported were in the -expected direction. i
The Sound Transit Parking Garage located at 110 2°d St SW is a similar size and situated
structure compared with the new Parking Garage. The Sound Transit Parking Garage does not ~
have a security camera surveillance system and in 2008 expexienced 19 reported crimes against I
persons and property resulting zn over $60,000 in losses and three assaults. It is expected that a 4
security carnera surveillance system in the new ARMC Parking Garage will reduce criminal
activity by at least fifty percent (50%) of the 2008 leveIs recorded in the Sound Transit Garage.
In addition, statistics show that areas under surveillance are less likely to be targeted for property ;
and persons crimes. i
Project Timeline: i
(1) Typically the police department manages and evaluates these programs on a yearly basis.
The "Block Watch" programs supported by these funds will be utilized within a year of receiving
them and be expended by December 2010. The frequency of community meetings and results of
reducing neighborhood crime will be evaluated on a quarterly baszs. "Pireworks education and ~
ennphasis" will be evaluated immediately following the 2009 4t" of July season. The "Citizen's '
Academy" is held once a year and the goal of completing this academy will be completed by
July 2010.
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(2) The Municipal Court "alternatives to incarceration" program supported by these funds will be
ntilized and expended by the end of this fiscal year.
Recovery Act: Edward Byme Memorial JAG Grant
King County Joint Application - Project Narrative
Page 6 of 7
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(3) This project will commence as soan as funding is available and be completed within 120 days ,
of the completion of the parking garage. This is estimated to provide ten (10) jobs. As a result of ;
the downtown revitalization, it is estimated that there wiIl be 1,499 jobs created in the'
downtown.
Description of How Project Meets Recovery Act Guidelines:
All three of these programs will be started, continued and/or completed immediately upon receipt ;
of the grant and will be utilized to maacimize job creation/stability and economic benefits. The . i
intent of each program is to reduce calis for service thus allowing officers more time to handle
higher priority ca11s for service, provide for a safer community environment, and provide more J
efficient, cost effective use of our jails. These programs create an economic benefit to the city
and citizens in loss of property, damages and lower crime rates. ;
(1) These funds positions within the Auburn Police Department that manage these programs will ~
be able to maintain their positions within the police department so the community - officer bond ;
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remains intact.
(2) Through the use of scarce resources, the City of Auburn earlier this year stepped up to j
contract with two addi#ional mental health/substance abuse providers which were about to close
their program operations. This action by the City has filled a significant void created by a loss of
State and County funding to temporarily save the elimination of fifteen (15) jobs. Funding from
this Byrne Grant will allow the City of Auburn to continue to contract with both organizations
and sustain these invaluable treatment services and jobs.
(3) With these funds, the City of Auburn will be able to immediately contract with local cabling
and CCTV design firms for system installation, configuration, and ongoing maintenance. This
will help protect existing }obs and with creation of new employment opportunities. Economic
benefits can be enhanced by provicling a safe and secure downtown core to attract new
businesses and job growth.
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Recovery Act: Edward Byrne Memorial JAG Grant
King County Joint Application - Project Narrative
Page 7 of 7
Attachment C Project Budget
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JALIBLIRN
A. Personnel
Name/T'osition Computation Cost
Overtime $45.9741r. x 870 hrs. of service_ $ 40,000
TOTAL: $ 40,000~ i
D. Equipment ~
Item Computation Cost
Video Surveillance 10-Channel Rack Unit preliminary vendor estimate $ 40,000
Fiber Optic network switch, network equip rack vendor estimate $ 6,700
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Pelco anaiog security cameras $487 each x 25 $ 12,175
250-foot fiber optic cab[e, UPS battery backup preliminary vendor estimate $ 1,335
tnstallation of Cameras, cable, equipment preliminary vendor es#imate $ 10,891
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TOTAL: $ 71,101
G. Consultants/Contracts
Name of Contract/Consnltant Comptrtation Cost
Mental Health Service Provider Contracts provider estimate $ 50,000
TOTAL: S 50,000 ;
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Exhibit "B"
General Fund (Police Department, Municipal Court) &
Information Services Fund 2009 Budqets
Revenues
Items Amount
General Fund: Fund 001
Grants - US De t. of Justise JAG Formula rant 90,000
Information Services: Fund 518
Grants - US Dept. of Justise JAG Formula grant _ 71,101
Total Revenues 161,101
Expenditures
Items Amount
General Fund: Fund 001
Munici al Court
Professional Services - mental health/substance abuse services 50,000
Police Department _
Salaries - community policing program 40,000
Information Services: Fund 518
Ca ital Outlay - parking garage surveillance camera system 71.101
Total Expenditures 161,101
Prepared: 8/25/2009