HomeMy WebLinkAbout4526RESOLUTION 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.
r
DATED and SIGNED THIS JJ` DAY OF 2009.
ATTEST: PETER B. LEWIS,
MAYOR
GG~
Dan'eIle E. Daskam,
City Clerk
APPROVED AS TO FORM:
~Daniel B. eid,
City Attorney
Resolution No. 4526
September 9, 2009
Page 2
Interagency Agreement
BJA FY 09 Recovery Act: Edward Byrne Memorial
Justice Assistance Gt•ant Prograni Local Solicitation
Executed by
Seattle Police Depai•tment (SPD), a department of the
City of Seattle, hereinafter referred to as "SPD",
Department fluthorized Representative: Diane Pilon
610 5'h Avenue
PO Box 34986
Seattle, WA 98124-4986
and
C;ily of Auburn, hereinafter i•eferreci to as "Recipient",
Department Authorized Rcpresentative: Scott Ncar
25 W Main St
Auburn, WA 98001-4988
IN WITNF,SS WHEIZEOF, the parties have executed this Aareement by having their
i•epresentatives affix their signatures below.
C~TYk1V BU RI~V SEATTLE YOLICE DEPARTMENT
` C - S •
Pet i- B. Lewis, Mayor i`'Johcl Diaz, Interzm Chief of Policc
Date: LL (9
Authorized by;
Grant Program: Edward Byrrie rLfemw-ial Justice Assistance Grunt (JAU) Prop•anr
WHEREAS, the Justice Assistance Grant (JAG) Program funded tuider the Recovery Act is the
primary provider of federal criminal justice funding to state and local jurisdictions; and
WHEREAS, the JAG Progxam funded under the Recovery Act supports aIl components of the
criminal justice system, from multi jurisdictional drug and ga.ng task forces to crime
prevention and domestic violence pragrams, courts, corrections, treafinent, 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 WHEREAS, 18 jurisdictions in King County were required to apply for an ARRA JAG Program
award with a single, joint application; and
WHEREAS, the City, as the identified Fiscal Agent, submitted the joint application to the Bureau of
Justice 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 for
this award, 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 or maintain ARRA grant funding levels for the
JAG Program once ARRA grant funds have lapsed; and •
WHEREAS, recipients of ARRA funds from the City should not anticipate the City will assume
responsibility for any program costs funded by ARRA once ARRA funds are spent;
NOW THEREFORE, the parties hereto agree as foliows:
This Interagency Agreement contains six Articles:
ARTICLE I: TERM OF AGREEMENT:
The term of this Interagency Agreement shall be in effect from the date it is executed by the SPD
Chief of Police, or designee, until February 28, 2013 unless terminated earlier pursuant to the
provisions hereof. ARTICLE II: DESCRIPTION OF SERVICES
The services to be perfarmed under tlus 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
U.S.C. 3751(a). The stated purposes of the Recovery Act are: to preserve and create jobs and
promote economic recovery; to assist those most impacted by the recession; to provide investments
needed to increase economic efficiency by spurring technological advances in science and heaith; to
Page 2 of 144
invest in transportarion, envixonrnental protection, and other infrastnzcture that will provide Iong-
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.
ARTICLE III: SPECIAL CONDITIONS
1. Fiands 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 perform tasks as
described in the Scope of Work portion of this Agreement.
2. The Recipient acknowledges that because this Agreement involves fedexal funding, the
period of performance described herein will likely 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 Department of Justice liable for any damages, claim
for reimbursement, or any type of payment whatsoever for services performed under this
Agreement prior to the distribution and availability of federal funds.
3. The Recipient shall comply with all conditions and limitations set forth in the FY 2009
Recovery Act Justice Assistance Grant Program Award 2009-SB-B9-0769.
The FY 2009 Recovery Act Justice Assistance Grant Program Awazd Report 2009-SB-
B9-0769 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
Report. All Recipients aze assumed to have read, understood, and accepted the Award
Report as binding. 4. The Recipient acknowledges that all allocations and use of funds under this agreement will
be in accordance with the Recovery Act: Edward Byrne Memorial Justice Assistance Grant
(JAG) Formula Program: Local Solicitatian
(http://www.ojp.usdoj.govBJA/recoveryJAG/JACrrecoveryLocal.pdf). 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 ta obtain a vaiid DLTNS profile and create an active registration with the
Central Contractor Registration (CCR) database no later than the due date of #he.Recipient's
first quarterly report after a subaward is made. 6. The Recipient shali comply with all applicable laws, regulations, and program guidance. A
non-exhaustive list of regulations commonly applicable to BJA 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)
Page 3 of 144
(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
6/27/03)
(D) The Recipient must comply with the mast recent version af the Administrative
Requirements, Cost Principals, and Audit Requirements.
1) Non-Federal entities that expend $500,000 or more in ane fiscal year in Federal
awards shall have a singte or program-specific audit canducted for that year in
accordance with the Office of Management and Budget (OMB) Circular A-
133-Audits of States, Local Governments, and non-Frofit Organizations. Nan-
federal entities that 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 available for review or audit by
appropriate officials of the Federal agency, pass-through entity, and General
Accounting Off`ice (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 Government Auditing 5tandards (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.
3} The Recipient shall maintaitn auditable records and accounts so as to facilitate
the audit requirement and shall ensure th.at any sub-recipients also maintain
auditable records.
4) The Recipient is responsible for any audit excep#ions incurred by its own
organization or that of its subcontractors. Responses to any nnresolved
managennent findings and disallowed or questioned costs shall be inciuded with
the audit report subm.itted to the Seattle Police Department. The Recipient must
respond to requests for information or corrective action concerning audit issues
or findings within 30 days of the date of request. The City reserves the right to
recover from the Recipient all disallowed costs resulting from the audit.
5) 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 thexe were findings, the letter should provid.e a list of the
fmdings. 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 Police Department
610 Sth Avenue
PO Box 34986
Seattle, WA 981244986
206-3 8b-1996
Page 4 of 144
6) In addition to sending a copy of the audit, the Recipient must include a
corrective action plan for any audit findings and a copy of the management
letter if one was received.
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
information or data collection requirements, inclnding, but not- limited to, the provision of
any information required for assessment or evaluation of activities within this agreement, for
compliance BJA reporting requirements, and with section 1512(c) of the Recovery Act.
8. When implementing funded activities, the Recipient rnust 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 laws,
regulations and policies, which include, but are not limited to:
(A) City of Seattle regulations including, but not limited to:
(1) Equal Benefits Program Rules
(SMC Ch.20.45:http://cityofseattle.netJcontract/equalbenefitsn
(2) Women and Minority Owned Affirmative Effort: If a Recipient intends to snbcontract
out any part of a contract instead of performing the work itself, then the following
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
efforts as a condition of this Agreement.
a. Outreach efforts may include the use of solicitation lists, advertisements in
publications directed to minority communities, breaking dawn total
requirements into smaller tasks or quantities where economically feasible,
making other useful schedule or requirements modifications that are likely to
assist small or WMBE businesses to compete, targeted recruitrnent efforts, and
using the services of available minority cornmunity and public organizations to
perform outreach. b. Record-Keeping: The Consultant shall maintain, for at least 24 months after
the expiration or earlier termination of this Agreement, relevant records and
information necessary to document all Consultant solicita.tions to
subconsultants and suppliers, all subconsultant and supplier proposals received,
and all subconsultants and suppliers actualiy utilized under this Agreement.
The City sha11 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 all
required licenses, permits, and similar legal authorizations, and comply with all
requixements thereof.
(4) Use of Recycled Content Paper: Whenever practicable, Consultant shall use reusable
products including recycled content paper on aIl documents submittad 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
Page 5 of 144
do so due to the nature of the product being produced. Consultants 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 performan.ce of the contract with and for the City.
{5} Americans with Disabilities Act: The Consultant shall connply 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 grounds for the immediate
termination of, this Agreement.
(6) Fair Contracting Practices Ordinance: The Consultant shall 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 £ox debazment, declared ineligibie, or
voluntarily exciuded from participating in transactions by any Federal department or
agency. By signing and submitting this Agreement, the Recipient is providing the
signed certificatian setout below. The certificatzon this cIause is a material
representation of fact upon which reliance was placed when this transaction was
entered into.
If it is later detezmined that the Recipient rendered an erroneous certification, the
Federal Government and City may pursue available remedies, including termination
and/or debarment. The Recipient shall provide immediate written natice to the City if
at any time the Recipient learns that its certification was erroneous when submitted or
has became erroneous by reason of changed cireumstances.
The Recipient agrees by signing this Agreement that it shall not enter into any
covered transaction with a person or subcontractor who is debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized in writing hy the City.
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 applieable 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 arisirig from,tlie Recipient's failure to comply with applicable
law, regulation, or policy.
ARTICLE IV: SC4PE OF WORK
The Scope of Work of this Agreement and the time schedule for completion of such work is as _
described in Attachment B: Recovery Act: Edward Byrne Memarial Justice Assistance (JAG)
Grant Formula Program King County Joint Application, Project Narrative and Attachtnent C: JAG
Page 6 of 144
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 periodicaliy during the progress of the Work, and shail prepare and
present such information and materials (e.g. a detailed outline of completed work) as may be
pertinent, necessary, or requested by the City or BJA to determine the adeqttacy of the Work or
Recipient's progress.
ARTICLE V: PAYMENT
(A) Compensation
The Recipient shall be reimhursed on an actual cost basis. Tatal 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 nnay 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 nnore 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 submit reimbursement requests not more than monthly, and at least
quarterly. After tke first quarter, monthly submissian is preferred.
Requests are due no later than 30 days after the end of the period in which the work was
performed. Reimbursement request forms are provided. Suhstitute forms are acceptable.
With each reimbursement request, the Recipient shall submit:
• Detailed spreadsheet af expenditures by task and related financial documents (tinnesheets,
invoices.)
■ Project status report.
■ These documents and invoices nnust be kept on file by the Recipient and be made available
upon request by the City or to state or federal auditors.
Page 7 of 144
Reimbursement will not be processed without accompanying documentation for the
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
624 Sth Avenue
PO Box 34986
Seattle, WA 98124-49$6
206-3 86-1996
ARTICLE VI: AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in writing and
signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the
right to modify this Agreement, by mutual agreement.
Page 8 of 144
,
3__._ .
Depariment ofJiutice
otFtoo ofrw;co rrograms ~
k Y Buresu of Justice Assistance i 1 PAGE 1 OF 10 ~
Grant E I
. . .
. ,
;
. ~
1: RECIPIENT NAME AND kDDRESS (Incln&ag Zip Cade)
Ciry of Seauk
60I141h Avmue 7th Flvor P.O. Bmc 94749 .
$tatt[e, WA 98124-0749
; IA. GRANTEE IRS/VSNDOR NO.
~ 916001303
~
; 3.PR0]EC1'TT[LH
; FY 2009 Recovery Aa Jus([ce Assistana Grant Program
9. AWARD NUMID£R: 2009•SB-B9.0769
r
i 5. PRQ3EC1' PERIOD: fROM 03/0112009 ]'0
0?/28/TR13 {
I
BODGEf PERIODi FROM 03101/2009 TO
07J2S/2073
j
'
~
' &AWARD DAIE 06l25l2009 ' i 7. ACTSON -
B. SUPPLEMEtdT NUMBER
Inilial 1
00
,
9. PREVIOUS AWARD AMOUNC
So
~ 10_ OUiJt OF'['HiS AWARD ~
$4,892.209
~ U. TOTAi. AWARD
1------
"
S 4,882,208
--^----1
12. SPECIAL CANDf'IIOPIS . I
I .
TEE pBOVE GRANT PRQIECT [S APPROYED SUB]EGT TO SUCH CONDITIONS OR LIMI7ATTONS AS ARE SEf'FOR'IH ,
ON 7Hb ATTACHED PAGE(Sy '
13. STATUTORY AUTHORITY FOR GRANT
'lhis projaY is suppaicd wnder FY04 Recovery Atl (BJA-Byrne JA6) Pub. L No. [ 1 I-5. 42 USC 3750-3758
! 15. M67'HOD OF PAYMPNT
i PAPRS
~ AGENCY APPROVpL ~ J~ GRAN7EE ACCEPl'ANCE ~
r
; 16. TYPPD NAME AND TITL6 OF APPROYIN6 OFFICIAL ~ 18. TYPED N+ME AT7D T17'LE OF AUINORTLfiD GRAN7'EE OFF7CIAL
~ Jmnes R Bvroh U • I Gmg Nickels .
~ Aamg Dirutx ' Mayor
. i
~ lZ SIGNANRE OF APPROVING OFFICIAI. Y~ ' SK3NA OF
AGENCY USE ONLY
~ 20. ACCOUNT[NQ CLASSIFICATIOtV CODES . LSBUGC 056
i FfSCAL FUPtD BUD. DN.
' yFAR CODE ACI'. OFC. REG. SUB. POMS. AMO1FKi'
9 B SB 80 00 06 4882208 i
OJP FORM 4900R (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
t9a DAiS !
I
-7 Ia~( t)~
OJP EORM 4000/2 (1tEV, 4-88)
~ Depactment of Jusrice
~ c Office of Justice Prograrns ~
f Y BureAU of Justiee Assistanea ~
AWAitD CONT[NUATION ~
SHEET + PAGE 2 oF ro
. I .
Grant
. ~
1 PROJECTTIU),iBER 2004-SB-B9A769 AWARDDATE 06115l2009 i
. sPECrat conrr~Monrs
l. The recipient agrces to coraply with the financial and administrative requirements set forth in the curreu[ edition ofthe
Office of Jastice Programs (OJP) Financiat Guide. _
2. 71se recipient acknowlcdgcs that faiIure to suhmit ait accegtable Equal Employmcnt Opportunity P1sn (if recipient is
rcquirmS ro submit onc pursuazrt to 28 C.F.I2. Seccian 42.302), that is approved 6y the Office for Civil Rights, is a
violation of its Ccrtifled Assurances and may resait in suspension ot M mination oFfimding, untit sach time as the
recipient is in compliance.
3. T6e recipient an ees to compty with the organizationa2 audit requiremenfs of OMB Circu[ar A-133, Audits of Stazes,
Local Governments, and Non-Profit Organizatiom, and furthcr understands and agees t}tat funds msy be withhald, or
other related requitements may be imposed, if outsianding audit issues (if any) from OMB Circufaz A-133 sudiu (and
any othor audits of 03P grant funds) arc not sarisfactorily and promptly addressed, as further described in the cuirent
edirioa of the QJP Financial Guide, Chapter 19.
4. Recipient uaderstands and agrees that it cannot use any federa[ funds, aither directEy or indiicctly, in support of the
enactment, repeal, modifcca[ion or adoption of any law, regulafwn or poSicy, at any [cvel of goversunent, withoui the
express prior written appraval of OJP.
5. The recipient must promptly refer to thc DOJ OIC} any credible evidance that a principal, employee, agent, eontrac:o ,
svbgaatttee, subcontractor, or otha person has either 1) submitted abIse ciaim for grant fiands under the False Claims
Acr, or 2) cornmitted a criminal or civii violation of la+xs pertaining to fraud, canflict of iaterest, bn'hery, gratuiiy, or
similar misconduct involving grant funds. Thu condition a[so appEies to any subrecipients. Potential fraud, waste,
abuse, or miscondact shauld be teparted to tfie OIG by -
msiL'
OtFce of the Inspector Csenernl
U.S. Dapartmeat of Jusrice
Investigerions Division
950 PeansylvaniaAvenue, N.W.
Room 4706
Washington, DC 20530
o-mail: oig.hotlirie@usdoj.gov
hotline: (contact information in English and Spanish): (800) 869-4499
or hottine fax: (202) 616-9881
Addirional informariaa is available from the DOJ OFC website at www.usdoj.govfoig.
6. RECOVERY ACT - Conflici with Other Stattdard Terms and Coriditions
The recipient understands and agrecs that all other terms snd condiHons containeQ ia this award, or in applicable OJP
grant poticy statcmonts or guidance, apply unless they ean6ict or aro supcrscduf by the terms and conditions inctuded
hcre that specificalty impiernent 1he American Recovery and Rainvesuncnt Aa of 2009, Public Law E t 1-5 ("ARRA°
oY "RecDvery Act") rcquircments. iZecipients are responsible for contacting their grant managers for any nceded
clarifications.
O1P FORM 40002 (REV.4•88)
DepartmentofJnstice
i
Office of 7usrice Pmgrams ' AWAI2A CONTINUATIUN . .
Bureaa of Justice Assistance ! SHEET PAGE 3 OF SO
Grant " ;
, , .
j PROJ£CTNUMBER 2069-SH-B90769. ~ AWARDDATE 061ISI2009 :
SPEClAL CONDITTONS .
7_ The grantce agees to assist BJA in complying with the Nadonal Environmental Policy Aet (NEPA), thc National
Aistoric Prescrvation Act, and nther retabed federsl emironmental impact analyses requiremenu in the use nf thcse ~
~ grant funds, either direcdy by the grantx or by a subgrantee. Acoardingly, the grantee agrees w first deteimine if any ~
of chc followmg acti*ritics wil[ be funded by tha gtant, prior to obligating fimds for uiy of these purposes. Tf it is
~ determinod that any of the fatlowing acrivities will be funded by ihe grant, the gcantee agrces ro contact BJA. i
The grantu understands that this special oonditian applies to its foElowing aew accivities whdher or not ttx,y are baueg ~
specifically fuaded with thesa grent funds. That is, as. Eong as the activity isbeing cottducted by the grantee, a
subgrantce, or any third parry and the activiry needs m be undertaken in order to use these grant fuscds, t6is special i
~ condition mast first be met. The activilies covcm~d by this spcciat condifion are: (
a. Ncviw construction; • i
~ b.. Minor renovation or resnodeliag of a propercy located in an cnvironmentally or historicaIly sensitiva azea, inc[uding ( propcEties locatcd within a 100-yaar flood piaia, a wcNend, or habitat for endangered species, or a propetty liated on or
~ eTigible far listing an the National Ragistcr ofAistoric Places; •
! c_ A renovation, lcase, or auy proposed use of a building or faciliry [hai will oither (a) result in a change in its basic i
j prior use or (b) significantly changa its size; ;
{ d. Impicmentalion of a new progLam imolving the use of chcmicals other than ahemicals that aro (a) purchased as an
Iincidental component of a fvnded activiry and (b) tradirionally nsed, for example, in offico, househo3d, reoroational, or •
f education environmcnts; and •
j e. Implemen2ation of a program t+clating to elandcsrine mcthamphetartiae laboratory operations, inoluding the ~
identification, seizure, or closure of clandesrine methamphotamine laboratoties.
i i
i The grantee uuderstands and agrecs that complying with -NEPA may require rhe preparation of an Eaviconmentat
Assessmeat sad/or an Environmenta( Tmpact Statoment, as d'uecud by B7A. The grantee further understands and ` I agrecs to the requiremonts for ttnplementation of a Mitigation Plan, as detaiicd at (website], Por programs rclating to I
methamphetamine laboratory opczations, f
f
i Application of This Specsat Coadition to Qran[ee's Ex'ssting Progams ar Acdvities: For any of the grantee's or its j •
sabgrantess' existing programs or activities that will be funded by duso grant flmds, the giantee, upon apeciftc requcst I
i from B7A, agrxs to cooplxate with BJA in eny preparation by BJA of a national or program enviconmental assessment ~
of that Fvnded progtam or acrivity.
' 8. To svoid dnplicating cxistulg uetworks or IT systems in any initiatives funded by BJA for law enforcement information stiaraig systortm which involve intetstam connectivity betwcen jurisdictioq such systans shall omploy, to the extant (
possblq ezisting networlcs as the communication backbona to achicre interstau conncetivity, unless tha grantee ean i demnashate to the satisfactiun of BJA that this requiremcnt would not be cost effective or would impair the funcrionaliry of srt cxiscing or proposed IT systcm. •
• . i
9. The grantee agrces to comply with ati reportiag, data collection azid evatuation requiremente, as pezsoribed by law and ~
detaited by the BJA in prograw guidanco for the Justice Assistsnce Grant (7AG) Program. Compliaace with theu ~
requiranents wiA be moaitorad by BJA. ! L0. The recipient agrces thet any iaformation tcchnotogy system funded or supported by OJP funds will compty wich 28 " ~ . C.F.R. Part 23, Criminal Intelligence Systems Oporating Policies, if O3P detertnines this regu(aiion to be applicabte. Should OJP detcRmine 28 C_F.R Part 23 to be eppiicable, OJP may, at its discretion, perfomt sudiu of the systesn, as
j pa the regulation. should auy violation of 28 C.F.R. Pazt 23 ocear, the tecipient may be fined as per 42 U.S.C.
~ 3789g(c)-(d). •Rccipiuit may not satisfy such a fine with federal funds. '
I
f ~ .
i ~
O7P FORM 4000/2 (RbV. 4-88)
Departrncntoflusfice ~
' 0€Fice of 7ustice Programs ~ AWARD CONTINIIATION i
Bureau of Justice Assistance ~ SHL''ET ~ PAGE a og to ~
• • ,
~ Grant
.
~
' ~ . . ~ . .
I PROJECCNUMSER 2064SB-89-0769 AWARDDA'FE 060f3C09 ,
SPECIAL CONDI77ONS
11. Tha granteo agcees ta comply with the applicabte requirements of 28 C.F.R. Part 38, the Department oPJustice
regulation goveming 'Equat Treatment for Faith Based Otgaaizations° (tGa "Equal Tmziment Regulation"). The Eqval
Treatmant Regalation pmvides ia pare t5at pepaRment of Justice grant awards of direct funciing may not be ased to
fund any ioherently religious activitics, sueh as worahip, Pligious inatmcflon, or proselytization Recipionu of d'vect
grants may still engage in inherently religious activities, but such ectivities must be aeperate in timc or place from the
Department of Jnstice funded program, and participaiion in such activities by individua[s recbiving services from the
gtantee or a suh-gasstee must be voLmiary. The Ecjual Treetment Regulation alse makes cieaz that orgaaizations .
participating in progracns directly funded by ths Deparnneirt of Justice ate not pemiitted to disesiminate in the provision
ofsenrices on fhe basis of a beneficiary'a rettgian, Notwitttstending any other special condition ofthis award, faith-
based organizations rney, 1R SOR1C C3SCIIII1S2821CC5, consider religion as a basis for omploymenx. Sce
http://www.4cjp.govlabout/or,r/cqual-fbo.htm.
' •
12. The recipient agrees to ensu:e that the State Informaiidn Teohaology Point ofConfact receives written notification
regarding any information technotogy pcojeci funded by this grant dvring the obligation and expenditun Qeriod. This is
to facilitate communication among local snd state goveinmanial tnsities regarding various infoimation technology
projcets being conducted with these granY funds. In addilion, the recipient agreea to maintain an administrativa Rle
documcnting the meeting of this requirement Por a list of State lnformation Technology Points of Contact, go Yo
http://xM1Vw.it.ojp.govldefault.aspx?area=policyAndPractice8cpage~104b.
13. The recipient agiees that fimds received under this awasd will not be used to supplant State or local fimds, but will be
used to incrmw the amounta ofsuch funds that ww(d, in the absence of Federal fimds, be madc avai(able for law
enforcement activitias .
14. tiECOV ERY ACT - JAG - Tnut Fund
The recipient is mquired to establish a a-ust fund account. ('I'he hvst fundmay ormay not be an intacst-bearing
account.} 71xa fund, inct¢ding any iaterest, may rtot ba used to pay debts or expenses incurred by othar activities beyond
ctu scope of aither the Edward Byme Momodai 7astice Assistance GraaY Program (JAG) or Recovery JAQ Program:
The recipiwt also agrees to obligate aad expend the giant fimds in the hvst fund (including any interest earned) during
the period ofthe grant. Crraat Rmds_(including any interest eamed) not expended by the end of the gtaat perioii must be.
rctittned to the Burean of Justica Assistanee no later tharo-90 days after the end of the graru period, alongwith the fmal
submission of the FinanciaE Statiis Report (SF-264).
15. RECO'VERY ACI' - Access to Iiecords; Interviews
The recipient understands aad agrees that DCJJ (including OJP end the Office of the Jnspector Cicnerat (OiG)), end its
representatives, and the Govemmettt Aocountability Office (GAO), shall have access to and the right to txamine all
records (including, but mt limited to, books, pagers, and docurnents) relaud to this Racovery Act eward, inetuding
such records of any sabrecipieni, conttactor, or subeontractar.
The recipiant also uadsrstands snd agrees thatDOJ and the GA0 are aothoriud to imerviaw airy ofFfcer or employa of
tte recipient (ar of aay subreeipient, conhacwr, or subcantractor) regarding lransactions related to this Recovery Act
award. 16. RECOVERY ACT- One-time fundirig ,
7'he rxipient understands and agees thaz awards uader the Recovery Act will he one-time awards aad accord'mgly ihat
its proposed proj ect activities and deliverables are to be accornplished without additional DOJ funding_
O!P FORM 4000I2 (REV. 488)
~ DcpamnentofJustice
Office ofJusdce Programs : AWARD CONTINUATION j '
' Bureau of Jastice Assistance ~ SHEET • enoes oF Ta i
Grant
E A. ~
~ PROIECI'N[JMBER 2009SH-99-0769 AWARDDATE 06I2512009 ~
SPF.CI.lL CONDI170N5
17. RECOVERY AGT - Separate Tracking and Reporting af Recovery Act Funds and Outcomcs
Thetecipient agrees to tcack, eccouat far, and report on a1l funds from this Recovery Act award (including specific
outcomes and bertafits attdbutahle to Recovery Act flmds) separately fmm aii ot6er funds, includiag DOT award funds
from non-Recovery Act awards awarded for the sama or simifar purposes or programs. (Rccovery Act funds may be
used ia conjunction with other funding ss necessary io complete projects, but uacking aad reporting of Recovery Act
funds must be separato.) Accordingty, the accouatmg systems of the recipicnt and all subrecipieats must ensure that funds from thia Recovery
Act award aie uot commingled wich funds from azry other source. •
Zhe recipient further agress that all personnel (including subrecipient personnel) whose activides are to be chazged to
the award will maintain timeshuts to docuenent houcs worked fot acrivities re(aiad to this award and mn-award-
mlated aotivitits.
18. RECOVFI2Y ACI' - Subawards - Monitoring
Tha recipient agrees to moaitor subawards vader this Recovecy Act award in accordance with all'applicable statutes,
scgularions, OMS circulars, and guide3ines, iucluding che O7P Financial Ciuidq and to iactude the applioable wndirions
of this award in any subaward The recipicnt is respcrosible for oversight of snbrecipient spanding and momtoring of
speciGc ontcomes and benefits auributable to use of Recovery Acf fiunds by subrecipicnts. The racipient agrees to
submit, upoo cequest, dociunentatian of its policies and procadures fvr moaitoriag of subawards under this awazd.
19. RECOV ERY ACT - 5ubawards - DUNS and CCR for Reporting
The recipient agrees to wark with iu first-rier sulxecipieats (if aay) W ensure that, no later than t6e dne daze of the
recipient's fvst quarterly report atter a subaward is made, the subrecipient has a vatid AUNS profile and has an active
mgistration with thc Central Contraccor Registrarion (CCR) database. 20. RECOVERY AC1' - Quarter7y Financiai Reports The mcipient agrees to submit quartuly fmancial status rcpoits to 03P: At piesent, these reports azo W 6e submit{ed
on-lina (at httpsJ/gcants.ojp.usdoj.gov) using Standard Foan SF 269A, aot later than 45 days after the end of eacL
calcndar quarter. The recipient understands that after October 15, 2009, OJP wili discontinue its uso of the SF 269A,
and wili rcquiro award recipieats to submit quacterly financiat status reports within 30 days after the ond of eac6 _
calendar quarter, iaing the govemment-wide Standazd Fom 425 Federa] Financial Rcport from (available for viewing
at www.whitahousa.gov/omWgcants/standazd forms/ffr.pdf). Beginning with the report far the fourth calendaz quartx
of 2009 (and eoniinuing thereafter), the rxipient agrees that it wiq submit quarterly fmancisl status reports W OJP on-
litu (at https:/lgrants.ojp.usdaj.gov) using the SF 425 Federal Financial Repart fotm, uot tater than 30 days afur t6e end
of each calendar qnartcr. The 6nal report shall be subiuitted not later than 90 days following the end of the gmnt period.
i
i
p7P FOR~~t 4000f2 (REV. 4-68)
Depacanent.ofJus6ce ~ • ~
; J • OftSca of Justice Programs j AWAZ2ll CONTt1ViJATIOPT
;
Bareau of Justice Assistance ? SHEET . ~ PACE e oF 10
Grant i
; ~ • ~ i
: PRO.IEC7N[FMB6R 2009-SB-89•0769 AWARDDA'fE 0N25J2004 ~
SpEC1AL CONDTI70N5
21. RECOVERY ACT- Recovery Act Tiansactions Listcd in Schedule u£Expenditms of Federal ,4.wands attd Rtcipient
Responsibiliries £or Informing Subrecipicnts
(a) The ncipieat agrees to maintain reca:ds that identify adequately the saurce sod app[ication of Recovecy Act
tunds, to maximize the branspanncy and accountability of fiinds authorized undar ihe Recovory Aci as required by [he
Act sad in accadanco with 2 CP12215.21, "tJniform Adminishativo Requirements for Graats azsd Agreements with
lnstitutions of FTigher Education, Hospitats, and Other Non-profit Orgacsizations° and OMB A-102 Common Rulu
provisions (relating co Graats aad Coopcrative Ageements with Srate and La~:al Ciovarnmenu).
(tr) Thc iecipient agras 2o separately identify the expenditures for Fedaat awards under the Recovery Act on the
Schedule of Expenditures of Fedaa! Awards (SEFA) and the Data Coqecrion Form (SF-5AC) required by OMS
Circular A-133: This wndition onlq applies ifthe recipient is covered by the Single Audit ActAanendments of 1996
and OMB Circular A 133, "Audiu of States, T,ocal Govcmmcnts, and Non-Profit Ocganizafions." This shalt be
accompHshed by idcntifying expenditures for Fzderal awsrds mads under the Recovery Act separateiy oa tlie SEFA,
and as scparate rows undec Rem 9 of Part III oa che SE-SAC by CFbA numbar, and inelusipn of the profix "ARFtA;"
in identifying the name of the Fcdcral prognm on the SEFA and as the fcrst chazacteis in 3tem 9d of Pert III on ihe SF-
SAC. . •
(c) The recipient agrees to scparately idcntify to each subrccipicnt tha Fedanl award aum6a, CFDA number, and
amount of Ttecovay Act funds, and to document this identification both at tha tima of subaward and at the time of
disbnrsement o€funds. Whcn a recigient awards Rtcovery Act funds for•an existmg progcam, the infacrnaeoa
furaished to subreeipienrs shall distinguish the subawards of incnmental Recovcry Act fimds from regutar subawards
urtda the existiag program. •
(d) The tecipient agrees to requirc iLS subrecipiertts to specifically identify Recovety Act fimding on their SEFA
informarion, similar Eo the reqairements for the recipicnt SEFA descnlxd abova This infoimation is needed to allow
the rwipient to proparly monetor subrecipient expenditiir of Recovery Act fueds as weti as faciiitate ovessight by ihe
Federtt awarding agencies, thc DOI OLCr, and tha GAO.
22. RECOVERY ACT - Reporting and ltegisttatioa Requircments uader Section 1512 of the Recovery Act .
(a) 7his award requires the recipient to coraplete prnjxu or activities which are funded under tha Recovery Aci aQd to
report on use oFRecovery Act funds provided through this award. Infoiraation from thcsc reports wili be znade
avei2able #o the public.
(b) Tho reports are due no lator thaa ten ca[endar days after each calendar quarter in which the recipient receivrs the
assistance awarci fundcd in whole ar in part by.the Recovery Ac1.
(c) Reeipients and their first-riu recipients musf maintain current regishations in the Ceniral Contrac.or Regisuation
(www.ccr.gov) at a11 times during which they have active federal awards funded with Recovery Act funds. A Dun and
Biadsmeet Data Universal Numbering 5ystem (DUNS) Numher (www.dn6.com) is one of the mqusements for
registration in tho Cenue[ Contrador Registration,
(d) The reoipEent shsU report che information dtscribed ia sccHon 1512(c) of the Recovery Act iuing tfie reporiing
instructions and data elemeuts that wi]! be pievided onErsme at www.Fec3era4Reporting.gov aad ensura that any
information that is pro-filled is corrected orupdated as needed.
~
O7P FORM 400012 (REV. 4-88)
Depaztment of Iustice
OfFice ofJustice Progranu Bureau of Justice Assistance
t
i ,
AWARD GONTINCJATION !
SHEET PAGE . T OF 10
Crl'&flt
; PRO]ECE NUMBER 2009-SB-69-0769 A`NARD DATE 06lZN2009 ~
SPECIAL CONDITIONS
23. RECQVERY'ACT-ProvisionsofSection1512(c)
The recipient undastands that section 1512(c) of the Recovery Act provides as follows:
Rccipient Reports- Not later than IO days aftar the end of each ca(endar quaQter, each recipient that received reeovery
funds from e Fedcral agency shat[ submit a report to that agestcy that contains-
(1) tha Wta[ amount of recovery funds received finm that agency;
(2) the amount oficcovcry funds roceived that were exprnded or obligated to prajects or activities; and (3) a dctailed list of all projects or activities for which recovery funds were expended or obligated, including--
(A) the narae of the projcct or acriviy;
(B) a description of tha projectos activity;
(G) aa evaluation of tha complefion staws o f the project or sctivity;
(D) an astimate of thc number of}obs created end the numbet of jobs ietained by the pmject or activity; and
(E) for in&ashucture mvestments made by state and locat gmemme:Rs, ihe ptupose, tntal cost, end rationale of the
agency for fund'mg the infrastructure investmerrt with fimds made avu7able under this Ack aad name oF ihe pexson to •
contact at the agcncy if thera ara coneerns with the infrash-ucture investmenG
(4) Dctaiied'iaformation on any subcoatracts or subgrants swazded by the racipient ao irtclude the data elemems
xequired to comply with the Federal Funding Accountubility and TSceasparency Act of 2006 (Pubtic Law 209-282),
albwing aggregate reportiag on awards betow $25,000 or to individuals, as prescnbed by the Dtttctor of the Office of
Management and Hudget . .
24. RECOYERY ACT - Protecting State and Local Govemment and Contractor Whisdeblowecs (Recovery Act, section
2553) 'fhe recipient recognizes that the Rccovery Act provides certain protections against reprisals for employecs of non-
Federal employers who disciosc infoanation reasonebty bclievcd to bc evidena of gross managpnent, gross waste,
substantial and specific danger to public heatth or safety, abuse of authority, or violadons of law ielated to conlxacte or
granu nsing Recovery Act funds. Por additionat infocmation, refct to section 1553 ofthe Recovery Act. The text of
Recovery Act is available at www.ojp.usdoj.gov(recovery.
25. RECOVERY ACT-Limit on Fuads (Rccovery Act, scction 1604)
The recipient agrees that none of the funds under this award may bo used by any StaYo or ]ocal govwment, qr any
private mtity, for constTUCtion cosb or any other snpport of any casino or othcr gambling establishment, aqnarium, zoo,
go[f ceut5e; or swimming pool.
26. RECOVERY ACT-Infiastructiue Investment (Recovery Act, sections 1511 aad 1602)
The recipient agrees that it may not use any tunds made availabte under this Recovery Act award far infrastruciuro
investmont absent submission of a satisfactary certi&cation under section 1511 of the Recovery Act Shoaid the
mcipient decide W use fuads for infrutnchnx inveslmcpt subsequent to award, the recipirn2 must aubmit appropriate
certificarioas vader aeedan 1511 of the Recovery Act and receive prior approval from OJF. In szeking such approval,
the ncipient shalt give preftrenoe to activitia that canbe srarted and completed ezpediNously, and shall uses award
tunds in a manner that maximizes job creation and economic bcnefits. T6c text of the 12ecovery Aet (inctuding scctions
1511 and 1602) is availahle af www.ojp.usdoj'.govhecovery. '
ofi FORM 4000n (REV. 4-88)
Deparhmentof7ustice !
. x Office of7usticc Programs AWARD COlVTINUATION '
$ureauofJustzceAssistance SIiEET ; YAGE a oF 10
~ ,1 F• ~ ' .
~ Grant ,
° PROJfiCTNUM6ER 2009-SB-84-6769 AWARDDATE 06125R009
SPECLIL CONDITIONS
~ •
~ 27. RECOVERY ACI' - Buy American Norificarion (Recovery Act, secrion 1605)
~ T[ie recipicnt understattds that ttus awazd is subjeci to the provisians of section 1605 of the Itecflvery Act (`Buy
~ Americadl.. No awaxi funds may be used far iron, steel, or manuFactured goads for a project for the construction,
alteration, maintenance, or regair of a public building or publie work, ualegs the recipient provides advance writtcn •
notification to the 07P program ofhcq aad a Grant Adjustment Nvtice is issued fhat uiodifias lfiis sgeeial eondirion ta
` add govemment-wide standard coridiGons (anticipaEed to bc published in subpart B of Z C.F.R, part [76) tkat Furthcr
~ implernent thc specific requirements or exceptions of section 1505.
~ Section 1605 of the Reeovery Act proYdbiu use of any Recovery Act funds for a project for the construcdon, altemtion,
maintenance, os rcpair ofa public buitding or pub6c wark untass all of the iron, stee(; and manufactured goods used in
the project are produced'tn the United States, subject ta certain axcoptions, including United States obligations under
~ inlernational agrxments.
i
E For purposes of this special condiuon, the followiag definitions appty:
j 'Public building" aad "public work" means a public building of, and a public work oC, a governmental enrity (the United
'r- - States; thrDistrict of Colnmbia; commonwea[ths; territories, and minor outlying islands of the United States; 3tate and
]ocal govarnments- and mutti-State, regianal, or interstate enrities which bave governmental fimctions). Theso
, buildings afsd works may tnclude, wilhouY limitation, bridges, dams, plants, highwaya, pazkways, streets, subways,
tumieLs, sewecs, mains, power ]ines, pumping stations, heavy generators, railways, aicports, terminats, dneks, piets,
wharves, ways, lighthouaes, buoys, jeuies; bxeakwaters, leveas, and canals, and ihe constructioq alterntion,
maintenance, or repair of such buildings and works.
I .
j "Manufaccured good" means a good brought to the construction site for incotporation inW ttte building oi woz& that has
{ been-- •
?(1) Prooessed into a specific fonn aad shape; or
j (2) Comhined with otherraw material m create e.material that has different propcrties than the properties of the
; individva] raw materials. - -
"5ceei" means an a4oy that includes at l,east 50 percent iron, batween.02 and 2 perceat carbon, arxi may inelude other
elements. •
For pacposes of OJF gran+s, projects involving construction, aiterarion, maintenance, or repa9r o€jails, detention
j' facilities, prisons, pub[ic c[ime victims' sheltets, police facililies, or other similar projects m71 fikdy trigger this ~ provision.
; NOTE: Tha recipicnt is encowaged to contact the OJP progtam manager- ia advancc - with any quesfions concerning
this oondition, including its applicability to particular circumstaaces. '
1
OJP FOR?r14000lL (REV, 4.88)
~ Depertrnent of Justice
Office of lustice Programs ~ AWARD CON'1'SNUATION ~ I
Bureaa of Justice Assistance i SIiEET ~ PAGB 9 OF 10 i
Grant
~
~
; P&OfECC NUHi$ER 2009-SB-139-0769 AWnRD DATE 06C13l2009 ,
SPECI.IL CONDITTDiYS
28. RECOVERY ACT - wage Rau Rcquirements uader Section 1606 of the Recovery Act
~ (a) Section 1606 of the Recovery Act requires Ut sIl laborers and mechanics employed by contractors and
subcontxactors on projects fuaded directly by or assisted in whole ot ia part by aad thmugh the Fedaral Government -
i pursusut to the Recavery Act shaIl ba paid wages at.rates not less than those prevailing oa projeats of a chuacur
i similar in the locality as determined by the Secretary of Labor itt accordance with subchapter IV of chapter 31 of title
' 40, United Statrs Code.
• Pursuant to ReorganizaEion Plan No. 14 and the Copetand Act, 40 U.S.C. 3145, thb Departnxat of Labor has issued
regulations at 29 CFIt Parts 1, 3, and 5 W implement the bavis-Bacon and related Acts. Regulations in 29 CFtt 5.5
inslruct ageucies concecning applieation of the amndard Davis-Baeon eonUaet clauses set forth in that seetion. The
standaM Davis-Bacon contraet clauses foand in 29 CPli SS(a) are to be incorporated in any covered conzacts made
~ under thts award that are in excess of 52,006 for constrncflon, alterarion or repair (including painting•and decorating).
1 (ls) Fot additional guidance on the wage rate requirements of section 1606, contact yous award'mg agency. Recipients of •
grants, coaperative agreements and loans shonld dkect their iniiial inqa'rrias concarning the application of Davis-Bacon
~ requsremmu to a particulaz federal2y assisted groject to the Fedcral ageney funding the projeck The Seeretary of Labor
i retains fmal caverage anthority tmder Reorgaaization Plan Number 14.
29. RECOVERY ACT - NEPA and Related Laws
! The recipient understands that all OJP awards sre subject to the National Bnvironmental Poticy Act (NEPA, 42 U.S.C.
~ sectioa 4321 et seq.} and other related Federal laws (inclading the Aiatioaal Historic Prescrvation Act), if appticabte.
~ The recipient agrees to essist 07P in cerrying out its respons3ilicies under NEPA and ielated laws, if the recigient plans
i to use Recovery Act funds (dicectly or tbrough subawud or comract) to undertake airy activity that h-iggers these
i aqufrements, snch as ronovation or eonswcfloxi. {See 28 C.F.R. Part 6 1, App. D.} Tfie recipicat also agrees to compiy
with a[L Federat, State, and local environmental laws and regulations appHcable to the davelopment and implementaYion
of ihe actiriries to be funded under this award.
S 30. RECOVERY ACT' - Misuse of award fuads '
i Thc recipient uaderstands and agrees Yhat misuse of award fiuids may resvlt in a range of peaal6es, including
suspemion of current and future funds, suspension or debarment from federal grants, recoupment of monies provided
~ undet an award, and civil and/or criminat penaINes.
" 31. RECOVERY ACT-Addirionat Requirements and Guidance
! The ncipient agnes to comply with any modifications or additional requirements that may be imposed by law and
. future OJP (inciuding government vride) guidance and clarif'icadons of Reaovery Act requ'srcrnents,
32. RECOVERY ACT - 3AG - Detinquent section 1512(c) roporrs •
The recipient acknowkdges that it has certified that it will comply wich all mporting requirements vnder secdan
t 512(c) of the Recovery Act (An onlme reportirig mechanism is anricipated to be available for award recipient use by
Ocmber 10, 2009_) Fwthcr to this certi&cation, a failure to comply with the section 1512(c) teparning requimments
rnay, in addition to other penalties, subjcct the recipient W the following:
) After failure to rcport section I S!2(c) data for Ywo'conseculive rcporting periods, the zeeipient may he-- (a)
precluded from drawing down funds under any OJP award, andlor (b) deaned ineligible for future discretionary OJP
awards, until such timo as the rccipienc bxomes cunent in its sectioa 1512(c) reporting obligatioas; and
(2) After failure to report section 1512(c) data for three consecudve reporting periods, the seeipient, upon writtca
demaad of the Director of BJA, sball retnra to OJP any unexpended award funds (including any unaxpended interest
earoed on award [unds} within ! 5 catendar days of the data of the d«nand notice. Thercafter, the ncipienYs award sball
be wnvated to a cost-reimbutsahle grant until such time as the recipient bxomcs cacrent in iu secriou l S l
reporting obligations, and remins current for not less thaa two addilional consecuYiva reporting periods.
pJP ppRM 4000/2 (ItEV. 448)
~ -
DapartmenrofJustice ~
_ office of 7ustica Progranm ~ AWARD CONTIMJATION
Burean of Justice Assistance ; SHEET ~ enoe io oF io
_ . i Grant i
PROIECT N(JMBER 4069-SB•B9-0769 AWARD pATE 06f25/1409 ~
• - .`w~ ~
SPECFAL COND1770NS
33. Recipient may aot obfigate, expend or 4rawdown funds until the Bureau of Jnstice Assistanca, Office of Iastice'
Progranu has ieceived documentation demonstrating that the state or local govemiug body review and/or community
notificatiou requirernenrs have been met and has issued a Cuant Adjustment Notice (GAN) reIeasing this specisl
condiuon. .
- ~
0]P FORM AOOD/Z (REY.4-88) . , ~
~ . ~
~
Recovery Act: Edward Byrne Memorial
Justice Assistance (JAG) Grant Formula Program
King County Joint Application
Project Narrative
City of Auburn
Project Name: (1) Community Policing, (2) Court System: "Alternatives to Incarceration", and
(3) Video Surveillance System
Project Cost: $161,101
Project Description:
The City of Aubum is submitting a joint application comprised of three programs: 1) Aubum
Police Department "Commuriity Policing" program; 2) Aubum Municipal Court's "alternatives
to incarceration" mental health and substance abuse program, and 3) installation of a video
surveillance system for a new city parking facility.
(1) T'he City of Aubum will utilize the federal funds received to support "Community-policing"
program efforts. The concept of community policing enables off'icers to work in specific
neighborhoods for a protracteii period of time, become knowledgeable about neighborhoods and
develop individual relationships 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 cornmunication while enhancing the officer's ability to recognize those conditions requiring
a law enforcement response.
(2) In October, 2005, the Aubum 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 af the mental health and substance abuse population. The program
mission is to provide "alternatives to incarceraxion" 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 a11ow them to function
as productive citizens. The Aubum Municipal Court's objective is to provide treatment releases
as the preferred intervention whenever possible, contzact with mental health and su6stance abuse
treatment providers for treatment services, and leverage state and federal funding sources to
support the program.
In 2007 at an expense of $186,249 from the City of Auburn's General Fund, the Municipal Court
was able to complete 224 mental health and dzug dependent treatmerit releases. The large
number of releases at a very low net cost per release ($831.47) was made possible with the
support of funds from Washington's General Assistance for the Unemployed (GAt) 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
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 complete 238
treatment releases. T'he 2009 City Budget and the usual State of Washington funding support
have already undergone huge cut-backs with more expected at the beginning of the next budget
cycle on 7/1/2009. At this time, the State has reduced ADATSA funding by 18% and a similar
rednctian in GAU/GAX fur►ds has also beea imposed. Due to these major cutbacks, several local
treatment providers made the decision to close their operations. Through a desperate iast 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 xnentally ill and/or chemically-dependent crirninal defendants, there are only
a few program options avaiiable 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
crirninal behavior, or 3) do nothing. The City of Auburn has chosen to provide the essential
service of attacking the contributory reason for the criminal behavior by focusing on
"alternatives to incarceration".
(3) The City of Auburn requests $71,101 to construct a video surveillance system in the City's
new four story parking garage for public safety purposes. The CiTy will design and install a fifty-
camera IP-based video surveillance system to provide real-time and recorded video monitoring
of the new parking shucture. This system will allow public safety to securely view real tirne and
saved video from their patrol cars and desktops. This systern will provide 240 real-time video
surveillance, enhanced law enforcement awareness and response, 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 down.town.
Program 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 maintaining
the community-policing programs. With the funds pravided with the Byrne grant, the police
department will be able tv maintain these programs and assist with stabilizing the overtime
budget. These community programs funded pritnarily with overtime are essential to providing
service to the citizens of Auburn in order to maintain strong ties with the community.
(2) Mentally iil/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 charges in other
jurisdictions further complicating any possible release due to bench warrants and other holds. To
reduce future incarcerations following an offender's release from jail, it is also imperative to
ensure each offender has been linked to appropriate mental health care, substance abuse
treatzrxent, and housing.-The rationale far focusing on criminal offenders with substance abuse
and mental heaIth issues stems from disproportionately high jail usage for such offenders. King
County concluded that among inmates with drug or alcohoi related charges, those with co-
Recovery Act: Edward Byrne Memorial JAG Grant
King County Joint Application - Project Narrative
Page 2 of 7
occurring psychiatric disorders (COD) have nearly doubled the length of sta.y in King County
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 of 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
(IS) jobs 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.
(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 arid events, businesses will relocate to our downtown
providing more jobs.
Having the video system will allow off'icers more efficient means of crime solving and
prevention. With budget shortfalls, this will avoid reduction of other essential services.
Program Activities far 4-Year Grant Period
(1) There are three prunary programs that coxnprise the comznuniry-policing portion of Aubum's
grant: Crime prevention Block Wateh Meetings: The Auburn Police Departnnent 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 representative from the Patrol Unit accompanies the
Community Programs/Crime Prevention officer to neazly 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 hosted a Citizen's Police
Acadeiny for local residents. The Citizen's Academy is a 12-week progxam where participants
meet once each week from 6:30 - 9:30 p.m. to learn about and interact with Police Departmerit
employees, from the Chief of Poliee 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 successfitl in edncating
our community members in terms of the basics of law enfarcement, as well as building public
trust and support. Fireworks Safetv and Enforcement Program: The Muckleshoat Indian Reservation is located
within the city limits of Auburn. Leading up to and including the 4`" of July, the members of the
Muckleshoot Tribe sell fireworks. The majority of these fireworks are illegal to possess in the
City of Auburn, but Iegal 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
af 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 nutnber of injuries and
property damage. This includes extra patrol efforts off of the reservation and a cooperative effort
with members of the tribe to educate and safely znanitor the sale and discharge of fireworks on
the reservation.
(2) The foilowing program activities for the Municipal Court "alternative to incarceration"
program will occur during the grant period: 1) execute and maintain contracts with mental
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 suppQrt jobs; 3) seek additional fvrms of long-term
sustainable program fiunding; 4) provide steps to improve program successes through
collaboration of all elements of the municipal court and criminal justice system; and 5) monitor
and measure the program outcomes and prepare an annual program achievement report.
(3) The following proposed activities will be accomplished during the grant period: December
2009 - Install and implement base system; January-December 2012 - complete instailation of
fifty (50) camera system; full operation af equipment and evaluation of program.
Anticipated Coordination Efforts Involving JAG and Related Justice Funds:
(1) The City of Auburn has recently subznitted an application under the COPS Hiring Recovery
Program requesting eight officers to promote the police departtnent's community policing and
problem solving efforts. If awarded these positions the palice department has made a
commitment to expanding the current Community Response Team, which deals directly with the
pubiic to resolve neighborhood problems and build comznunity relatianships. There is also a
commitment to continue with crime prevention block watch meetings to maintain community
involvement in their neighborhoods in an effort to reduce crime.
(2) There are no anticipated coordination efforts invalving 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 possihle,
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 reduction of specif c neighborhaod 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 results of these efforts will be measured by a reduction
of injuries, pioperty damage and complaints of illegal fireworks discharge. The effectiveness of
these efforts will be measured against prior years and rnodified to be increasingly more effective.
(2) The Municipal Court's mental health program is an essential Czty service that is comprised of
the following objectives: Link non-violent offenders with mental illness andlor substance abuse
Recovery Act: Edward Byrne Memorial JAG Grant
King County Joint Applicatian - Project Narrative
Page 4 of 7
problems to appropriate treatment programs; Reduce recidivism of inentally iIl and substance
abuse offenders, reduce jail costs, minimize drain on the municipal 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. ob}ective of providing treatment services for those mental health/substance
aliuse offenders as the preferred alternative to incarcera.tion is a meaningful and effective
program. The Washington State 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 significant]y.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
nnisdemeanor or misdemeanor crime against a person than comparison group defendants.
• Treatment group defendants were significantly more likely to receive outpatient
community mental health txeatment than those in the comparison groug.
(3) After many years of neglect, the City's downtovcm 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 pulilic/private partnership to enhance access and as such having a facility where
visitors feel secure is a primary concern. It is estimated that ten (10) direct jobs will be
associated with this project and the effects of a safe environment will promote economic
development in the downtown creating many more.
Performance Measures: '
(1) The following performance indicators axe being utilized in order to measure the "community
policing" program performance:
a) The number of hours of programming provided will be measured by the number of hours of
prograinming provided to individuals or communities during the reporting period. b) The number
of coznmunities that show a desired change in awareness, knowledge, behaviors or procedures
will be measurad by the nuxnber vf defined groups that show a desired change in awareness,
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 o€ complaints or crime 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.
Efforts in fireworks injury and damage reduction will be compared to prior years and will be
evaluated to deternnine more effective courses of action. The Citizen's Academy will be
measured by the number of attendees and course evaluations to determine the effectiveness of
the academy. The performance of the program will also be measured by the post block watch
meetings or other community programs that are established by members who attended the
academy.
Recovery Act: Edward Byrne Memorial JAG Grant
King County Joint Application - Project Nanative
Page 5 of 7
(2) The following performance indicators are being utilized in order to measure the "alternative
to incarceration" program performance:
a) The number of individuals wha completed programming before the reparting period compared
to the number of individuals provided programming during the reporting period.
b) The numher of partners who are sharing 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 dollazs expended after initiative.
In addition, the following outcome measures will be utilized to assess the grant objectives:
a) Number of training hours and pezsons 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 who fail to cornply, terrninate 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 "video
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 rvill be measured by the counts of victims of crime to
detemune whether the changes in counts reported were in the'expected direction.
The Sound Transit Parking Garage located at 110 2"d St SW is a similar size and situated
structure campared with the new Parking Garage. The Sound Transit Parking Garage does not
have a security camera surveillance systern and in 2008 experienced 19 reported crimes against
persons and property resulting zn over $60,000 in losses and tl-ree assaults. It is expected that a
security camera surveillance system in the new ARMC Pazking Garage will reduce crizninal
activity by at least fifty percent (50%) of the 2008 levels recorded in the Sound Transit Garage.
In addition, statistics show that areas under surveillance are less likely to be targeted for property
and pexsons crimes.
Projec# Timeline:
(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 basis. "Pireworks education and
ennphasis" will be evaluated irnmediately following the 2009 4th 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.
(2) The Municipal Court. "alternatives to incarceration" program supported by these funds will be
utilized and expended by the end of this fiscal year.
Recovery Act: Edward Byrne Memorial JAG Grant
King County Joint Application - Project Narrative
Page 6 of 7
(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 will be 1,499 jobs created in the'
downtown.
Description of How Project Meets Recovery Act Guidelines:
All three of these pragrams will be started, continued and/or coznpleted immediately upon receipt
of the grant and will be utilized ta maximize job creation/stability and economic benefits. The
intent of each program is to reduce calls for service thus allowing officers more time to handle
higher priority ca11s for senrice, provide for a safer community environment, and provide more
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
remains intact.
(2) Through the use of scarce resources, the City of Auburn earlier this year stepped up to
contract with two additional rnental 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
Sta.te and County funding #o 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 tnaintenance. This
will help protect existing jobs and with creation of new employment opportunities. Economic
benefits can be enhanced by providing a safe and secure downtown core to attract new
businesses and job growth.
Recovery Act: Edward Byrne Memorial JAG Grant
King County Joint Applicatian - Project Narrative
Page 7 of 7
Attachment C Project Budget
TOTAL: $ 40,000
D. Equipment
ltem
Computation
Cost
Video Surveillance 10-Channel Rack Unit
preliminary vendor estimate
$
40,004
Fiber Optic network switch, network equip rack
vendor estimate
$
6,700
Pelco analog security cameras
$487 each x 25
$
12,175
250-foot fiber optic cable, UPS battery backup
preliminary vendor estimate
$
1,335
Installation of Cameras, cable, equipment
preliminary vendor estimate
$
10,891
TOTAL:
$
71,101
G. Consaitants/Contracts
Name of Contract/Consultant
Computation
Cost
Menta[ Health Service Provider Contracts provider estimate $ 50,000
TOTAL: S 50,000
AUBURNTOTAL : $ 161,101
Page 1 of 1
Overtime $45.97/1-Ir. x 870 hrs. of service_ $ 40,000
E
xhibit "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 De t. of Justise JAG Formula rant
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 De artment
Salaries - communi olicin ro ram
40,000
Information Services: Fund 518
Ca ital Outla - arkin ara e surveillance camera s stem
71,101
Total Expenditures
161,101