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RESOLUTION NO. 4 5 6 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING AND AUTHORIZING
THE MAYOR TO ACCEPT A GRANT FROM THE U.S.
DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY
ORIENTED POLICING SERVICES (COPS)
WHEREAS, the Auburn Police Department, in order to more effectively ,
address the law enforcement needs of the city, has sought a Community
Oriented Policing Services (COPS) grant from the Department of Justice; and
WHEREAS, the Auburn Police Department has been awarded COPS
grant funds in the amount of one million, two hundred ninety thousand, eight
hundred and eighty dollars ($1,290,880.00); and
WHEREAS, these funds shall be utilized for the retention of five police
officers that were scheduled to be laid off do to budgetary concerns; and
WHEREAS, these funds are available for use towards the retention of
five police officers over a three year period.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Aubum is hereby authorized to
accept the COPS grant with the award document attached hereto, marked as
Exhibit "A" and incorporated herein by this reference.
Resolution No. 4560
January 8, 2010
Page 1 of 2
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and affect upon
passage and signatures hereon.
DATED and SIGNED this ~ day of 2010.
UR
~
7tl
PETE B. LEWIS
Mayor
Attest:
Danielle E. Daskam
City Clerk
Appro ed as to Form:
Daniel B. id
City Attorney
Resolution No. 4560
January 8, 2010
Page 2 of 2
i
U.S. Department of Justice ~
O,Jj'rce of Community Oriented Policing Services (COPS)
Granls Arlministradon Divisiat -
1100 VeiniartAvenae, NW
Washington, D.C. 20530
January 7, 2010
Y
Chief of Police James Kelly CEIVE
Aubum, City of
340 East Main Street, Suite 201 JAN 14 yp~p
Aubum, WA 98002
HE CNIEF OF POLICE
Re: COPS Hiring and Recovery Program Grant # 2009RKWX0881 (~OLICE" DEP
oiua: wnoi7oi AR~ENT
Dear Chief Kelly:
We recently received correspondence requesting a modification to your deparknenYs COPS
Hiring Recovery Program (CHRP) 2009 grant award. Specifically, you requested to modify the
categories under which your agency was approved to hire CHRP officer positions. Your agency
was previously approved for thc following number of full-time positions in each of the three
hiring categories allowed under this grant program:
New Hires: 5
Re-Hire of Officer(s) Laid-offprc-application: 0
Re-Hire of Officer(s) Laid-off or scheduled to be laid-offpost-application: 0
I am pleased to notify you that your agency's request to change hiring categories, received
01/04/2010, has been approved. Your CHRP award now reflects the following number of full-time
positions in each ofthe three hiring categories:
New Hires: 0
Re-Hire of Officer(s) Laid-off pre-application: 0
Re-Hire of Officer(s) Laid-off or scheduled to be laid-off post-application: 5
Enclosed in this packet is your Modified CHRP Grant award. The award document must
be signed and returned to the COPS Office within 90 days from the date of this letter to
officially accept your grant. On the reverse side of the grant awazd is a list of conditions that
apply to your grant. You should read and familiarize yourself with these conditions.
If you have any questions, please do not hesitate to contact your COPS Grant Program
Specialist at (800) 421-6770.
Sincerely,
C~ o__
Andrew A. Dorr
Assistant Director for Grants Administration
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U. S. Department of Justice
Office of Community Oriented Pa(icing Services
COPS Hiring Recovery Program Grant Terms and Canditions
13y signing the Award Dowment tu accept this COPS Hiring Recovery Program (CHRP) grant, the grantee agrees to abide by the following
grant tums end condilions:
1. The grantee agrees to comply with the terms and condi6ons in this COPS Hiring Recovery Program Gran[ Owner's Manual; COPS
statute (42 U.S.C. 3796dd; e[ seq.); 28 C.F.R. Part 66 or 28 C.F.R. Part 70 es applicable (goveming adminislrativc requirements for
grants and cooperative agreements); 2 C.F.R. Part 225 (OMB Circulaz A-87), 2 C.F.R. ParC 220 (OMB Circular A-21), 2 C.F.R. Part
230 (OMB Circulu A-122) and48 C.F.R. PaR 31.000 efseq. (FAR 31.2) as applieable (goveming cost principle.g); OMB Circuler A-
133 (governing audits);American Recovery and ReinvestmertAct (Recovery tlet) of 2009, P.L.R1-5; represenfeflons mede in thc
COPS Hiring Recovery Program grant application; and all other applicable program requirements, laws, orders, regulations, orcirculars. 2. The grantee agrees to comply with the Assurances and Cectificafions fortns that were submitted as part of its COPS I-Iiring Reco4ery
Program application. .
3. The funding under-this project is for the payment of approved~ full-time entry-level swom officer saleries and fringe benefits over three
ycers (for a total of 36 months of funding) for new or rehired edditional, career law enforcunent off'icer posifions, hiredon ox aRer Uie
award sfart date. The FinanciaP Clearance Memorendum includedin youe awe.[d packet specifies the costs thut the grantee is allowed
to fund with your CHRP award. It will also describe any eosts which have been disallowed aRer review of your proposed budget Tlie
grantee may not use CHRP funds for anything not identified as allowable in the Financial Clearance Memorandum. 4. CHRP grantfunds may not tie used to replace state or local funds (or, for tdbal grantees, Bureau of Indian AtTairs funds) that would,
in ttie absence of federal aid, be made available for hiring and/or rehiring full-time career law enforcement otTicer positions.
5. At the time of grant application, t}te grantee committed to reteining all CHRP officer positions awazded with state snNor local funds
for a minunum of 12 months at the conclusion of 36 months of federal funding for each position, over and above the numbes of
locally-funded posifions tltat wou[d heve existed in the absence of the grant. You cannot saGsfy the retention requirement by using
CHRP positions lo £11 vacanciesfrom attrition.
6. 1'he grantee may reques[ an extension of the grant award period to receive addilional time to unplement ffie grant program. Suchextensions do not provide additianal fundin& Only [hose grartees that can provide a reasonablejusfification for delays will be granted
no-cost extensions. Reasonable justificafions may include delays in hiring COPS-fundedpositions, oflicer tumover, or other
cucumsfances lhat inteaupt the 36-month grant funding periad. An extension allows the granlee to. compensate for such delays by
providing addilional Gme to complete the full 36 months of funding for each positioit awazded. F.xtension requests mrrst be received
pnor to the end date ofthe mvm•d as extensiai reauests received aRen an aword has expired will be approved on(v under verv limited
circimistances.
7. During the CHRP grant awazd period; it may become necessary for an agency to modify its CHRP grant awazd due to changes in en
agency's fiscul orlaw enforcement situafion. For instance, modification requests should be submitted to the COPS Office wlien an
agency determines that it will need to shift ofCicer positions awarded in one hiring category into a different hiring category or reduce
the totel number of positions awerded Cnant modificaGons under CHI2I' are evaluatedon u case-by-case basis. All modification
requests musC be approved, in writing, by the COPS Office pnor to their icnplementation. In addition, please be aware that the COPS
Otfice will nol approve any modification request that resutts in an increase of fedual funds.
8: The COPS Office may conduct monitoring or sponsor na6onal evaluafions of ffie COPS Hiring Recovery Program. The grantee agrees
to cooperate with the monitors and evaluators. 9. To assist the COPS Office in the monitoring of your award, the grantee agrees to submit queRerly programmatic progress reports and
quatterly financial reports in addition to any reports required tiy the Recovery Act. The grnntce also agrees to submit all requested
reporis in a timely manner.
10. "Ihe COPS Ofl-ice perfoitns various funcfions to ensnre compliance with all grant requirements, to assess the implementation of
community policing in awazded jurisdictions, and to provide technical assistance to grantees. Grant monitoring acGvities are routine
during the grant period and may occur up to three years folLowing the official closure of the grant awazd. These funclions, and others,
oRen require the producfion of grant-related documentalion and other materials. Asa COPS CHRP grantee, you agree to cooperatc with eny such requests for infonnafion.
11. The grantce agrees to comply with the federal regulafions pertaining to lhe development and implementation of an Equal Employment
Opportunity Plan (28 C.F.R. Par[ 42 subpa[t E). For assistance, gantees should consult the Office of Justice Programs, Oftice for
tm
Civil Rights website at www.oit).usdoi.gov/about/ocr/eeop.h
12. The gruntee egrees to complete and keep on file, as appropriate, a Bureau of Citizenship and Lt¢nigralion Scrvices Employment
EligibIlity Verification Form (I-9). This form is to be used by recipienis of federal funds to verify lhat persons ere eligible to work in
the United Slates.
13. All newly hired, addilional officers (or an equal num6er of redeployed veteran officers) funded under CHRP must engage in
community policing activi6es. Community policing acGvities to be iniliated or enhanced by the grantee weie identified and
described in your CHRP grant applicafion, with reference to each of the following elements of community policing: a) community
Page 1 of 3
U. S. Depariment of Justice
Office ojCommunity Orienfed Policing Servrces
COPS Hiring [tecovery Program Grant Terms and Conditions
pattnerships and support; b) nleted govetntttentel and community inifialives that complement the grentee's proposed use of CHRP
funding; and c) how the gtantee will use the Cunds to reorient its mission or enhance i[s commitment to community policing.
14. Grantees that provide law enforcement services lo another jurisdiction ihrough a contract must encure that officers funded under this
CFiRP grant do not service the other jucisdiction, but will only be involved in eclivities or perfoitn services that exclusively benefit the
. grantee's own jurisdiction. GmnfPes cannot use CFiRP funds to pay for a contract to receive lew enforcement services from another
agency.
15. False sfatements or claims made in conneclion with COPS granLs may result in fines, imprisonment, or debarment &om participating
~ in federal grants or contcacts, and/or any other remedy available by law. .
16. The grantee undersfands that the COPS Hiring Recovery Program is funded throug}t the American Recovery and Reinvestrnent Ac[
(Recovery Act) of 2009 end agrees to comply with the extensive accountability and transparency requ¢ements on the use of
Recovery Act funds: _
(A) Recoveiy Act Transacfions Listed in Schedule of EMenditures of Federel Awards and Recioient Responsibililies for Infonnine Subrecipients
(1) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvesfinent Act ot 2009
(Public Law 1I1-5) (Recovery Act) as requ'ued by Congress and in accordance with 28 C.F.R. 70 "Unifonn Administralive
Requ'uemenfs for Grants and Agreements for Institufions of Higher Education, Hospitals and Other Non-Profit Organizations° and 28
C.F.R. 66 "Unifonn Administrative RequiremenLs for Grents and Agreements for Sfate and Local Govemments," the recipient agrces
to maintain records that identify adequately the source and application of Recovery Act funds.
(2) I'or a recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local
Governments, end Non-ProFit Organizations;" the recipient agrees to separately identifythe expenditures for fedeial awards under the
Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Colleclion Fonn (SF-SAC) required by OMII
Circuiar A-133. This shall be accomplished by identifying expendi4ues for federal awazds made unda the Recovery Act separatety on
the SEFA, and as separate rows under Item 9 of Pert III on the SF-SAC by CFDA number, and inclusion of the prefix "ARRA-" in
. identifying the name of the tederal program on the SEFA and as the first churacters in Item 9d of Paet III on the SF-SAC.
(3) The recipient agrees to sepazately idenfify.to each sub-recipient (if any) and document at the time of sub-award and at the time of
disbuisement of funds, the fedeial awazd number, CFDA namber, and amount of Recovery Act funds. When a recipient awerds
Rewvery Act funds for an existing pingrem, the infotmation fiunished to sub-recipients shall distinguish the sub-awards of
incremental Recovery hct fiutds &om regulaz sub-awerds under the exisfing program. .
(4)1'he recipient agrces to require iheir sub-recipients (iCeny) to include on the'u SEFA infonnalion to specifically identify Recovery
Act funding similar to the requiremenis for the recipient SEFp described above. 17tis informalion is needed to ellow the recipienl lo
properly monitorsub-recipient expenditure of Recovery Acl funds as well as oversigM by the Department of Jusfice, OtLce of the
Inspector Genaal and GovemmentAccountability Ofiice. (B) Recipient Reootts and Cental Contractor Reeistiafion .
(1) The recipient agrees to complete projects or acfivifies wMch aze funded under the Recovery Act and to report on use of Recovery
Act funds provided 8uough this awerd Infomwlion from these reports will be made available to the public..
(2) The repotts are due no later than ten calendar days aRer each calendar querta in which the recipient teceives the assisfance awerd .
. funded in whole or in paA by the Recovery AcL . .
(3) The recipient and their.fmt-tier recipients (if eny) must maintain culrent registrations in the Cenhal Conttactor Registration
(www.ccr.gov) at all times during which they have active federal awazds funded with Recovery Act funds. A Dun end Bradstreet Date
Universal Numbering System (DIJNS) Number (www.dnb.com) is one of the requ'uements for registtalion in the Central Contractor
Regis7ation. (4) The recipienl shall report the infoimalion described in seclion 1512(c) of the Recovery Act using the reporting instructions end
dnta elemenfs that will be provided online at www.PederalRepotting.gov and ensure that any infotmalion that is pre-filled is cocrected
or updated as nceded. (C) Data Elements of Recipient Reoocts
In accordance with section 1512(c) of the Recovery Act, the tecipient agrces that not later than 10 days after the end of each calendar .
quaRer, each recipient that received Recovery Act Cunds from a federal agency shall submit a report to that agency that conteins -
(1) the total amount of recovery funds received &om that agency;
(2) the amount of recovery funds received ihat were expended or obligated to projects or acfivilies; and _
(3) a detailed list of all projects or activifies for which recovery funds were expended or obligaled, including - -
(a) the name of the project or aclivity; (b) a description of the project or activity, .
Page 2 of 3 .
U. S. Department of Justice
Offtce ojCommunily Orienled Policing Servrces
COPS Hiring Recovery Pragram Grant Terms and Conditions
(c) an evalualion of the completion sfalus of the project or acfivity; . (d) an estitnate of the nuatber of jobs created and the number of jobs retained by the project or ac4vit3r, and
(e) for infrastructure investments made by state and local govemments, the purpose, tofal cosf, and mlionale of the agency for
funding ihe inf'iaslcucture investment with funds made availabie under this Act, and name of the pason to contact at the agency if
there are concems wiffi the infrastructure investment.
(4) Detailed infommtion on subconlracfs or subgrents (if any) awarded by the recipient to include the dafa elements required to
comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-252), allowing aggregate reporting
on awards below $25,000 or to individuals, as prescribed by the Director of Ute Oflice of Manegement and Budget
1'hese repoAs aze in addilion to othu Cmancial and prograrnmafic reports mquired by the COPS OfFice.
(D) Access to Records and Interviews '
The recipient agrees that the Depadment of Justice (DO.n and its representatives (including COPS and the Office of the Inspector
General (OIG)) and the Govemment Accountability Oflice (GAO), shall have access to and the right to examine a(l records (including,
but not limited tq books, papers, and documents) related to this Recovery Act award. The iecipient also agrees lhet DOJ end the GAO .
are authorized to interview any of&cer or employee of ihe recipiert regarding transactioris related to this Recovery Act award.
(E) Renorting Potential Fiaud Waste, and Abuse, end Sunilar Misconduct
The recipirnt agrees to promptly refer to the Otfice of lhe Inspector General (OIG) any credible evidence that a principal, employee,
agent, wnhactor, sub-grartee, subcontractor, or other person hes submiked a false claim under the Felse Claims Act or has committed
a criminal or civil violation of lawspeitaining to fraud, conflict of intenst, bribety, gratuity, or similaz misconduct involving Recovery Act funds. The OIG may be contacted aC OIG_holline@usdoi.eov wwwysdoj.gov/oig/FOIA/hotline.htm, azid
800.869.4499.
(F) ProtectinR State and Local Goveinment and Conhactor Whistleblowers
. The recipient agrees that the Recovery Act provides certain protections against reprisals for employees of non-federal employers (state
. and local govemments or private contractors) who disclose infomnation to fedeml of6cieLs reasonably believed to be evidence of Boss
management gross waste, substantial and specific danger to public healfh or safety, abuse of authority, or violefions of law related to
contracts or grants using Recovery Act funds. ' (G) Separate Trackine end Reportine of Recoverv Act Funds and Outcomes 7he recipient agrees to maintain accounting systems and records that adequately treck, account for, and report on all funds Gom this
. Recovery Act award (including of&cers hired, salaries end fiinge benefits paid, end the number ofjobs created and jobs preserved)
separately from all otha funds (including other COPS and federal grants awerded for the same or siadler purposes).
(I-) Addifional Requiremenls and Guidance The recipient agrees to comply with any modificafions or addifional requuements that may be imposed by law and futuie COPS
(including govemment-wide) guidance and clazifications of Recovery Act requirements.
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