HomeMy WebLinkAboutITEM VIII-B-3~ y
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U IRN AGENDA BILL APPROVAL FORM
AWASHINGTON
, - Agenda Subject: Date: January 25, 2010
Resolution No. 4560
Department:
Attachments:
Budget Impact:
Police
Resolution No. 4560
Administrative Recommendation:
City Council adopt Resolution No. 4560
Background Summary:
The City of Auburn applied for, and was awarded a grant through the United States Department of
Justice, Office of Community Oriented Policing Services (COPS). The award was part of the COPS
Hiring Recovery Program (CHRP). This grant was initially awarded to the City in the amount of
$1,290,880.00 to be used for the hiring of (5) five new entry level commissioned police officers. Prior to
officially accepting this award and hiring the entry level officers, due to the economic downtown, the city
experienced budget concerns where layoffs of commissioned police officers was imminent. The hiring
of 5 new police officers was not consistent with the budget. The grant award had an option that allowed
the City to request a modification from 5 new hire police officers to retaining or rehiring 5 police officers
that had been laid off or were scheduled to be laid off. The City of Auburn requested this modification to
the application which has been accepted and the grant has been modified.
The CHRP grant awarded to the City of Auburn is in the amount of $1,290,880.00. The funds are to be
used for the retention of 5 commissioned police officers over the three year period of 2010, 2011 and
2012.
P0201-1
F5.2.10
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
❑ information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Counciimember: Peloza
Staff: Kell
Meetin Date: Februar 1, 2010
Item Number: VI11.6.3
riUBLTRN *MORE THAN YOU IMAGiNED
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 Auburn 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.
CITY OF AUBURN
PETER B. LEWIS
Mayor
Attest:
Danielle E. Daskam
City Clerk
to Form:
Daniel B. NZ~i
City Attorney
Resolution No. 4560
January 8, 2010
Page 2 of 2
U.S. Department of Justice
Office of Community Oriented Policing Services (COPS)
Grants Administration Division
1100 Vermont Avenue, NW
Washington, D.C. 20530
January 7, 2010
Chief of Police James Kelly
Auburn, City of
340 East Main Street, Suite 201
Auburn, WA 98002
Re: COPS Hiring and Recovery Program Grant # 2009RKWX0881
ORI#: WA01701
Dear Chief Kelly:
k3mmum IVE
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TMENT
We recently received conespondence requesting a modification to your department's 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 the 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-off pre-application: 0
Re-Hire of Officer(s) Laid-off or scheduled to be laid-off post-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-offpre-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
ofCcially accept your grant. On the reverse side of the grant award 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,
Andrew A. Dorr
Assistant Director for Grants Administration
U. S. Department of Justice
Office of Coinmunity Oriented Policing Services
COPS Hiring Recovery Program Grant Terms and Conditions
By signing the Award Document tu accept this COPS Hiring Recovery Program (CHRP) grant, the grantee agrees to abide by the following
grant terms and conditions:
1. The grantee agrees to comply with the terms and conditions in this COPS Hiring Recovery Program Grant Owner's Manual; COPS.
statute (42 U.S.C. 3796dd; et seq.); 28 C.F.R. Part 66 or 28 C.F.R. Part 70 as applicable (goveming admuustrative requirements for
grants and cooperative agreements); 2 C.F.R. Part 225 (OMB Circular A-87), 2 C.F.R. Part 220 (OMB Circular A 21), 2 C.F.R. Part
230 (OMB Circulat A-122) and 48 C.F.R. Patt 31.000 et• seq. (FAR 31.2) as applieable (goveming cost principles); OMB Circular A-
133 (governing audits); Atnerican Recovery and Reinvestment Act (Recovery Act) of 2009, P.L.111-5; representations made in the
COPS IIirutg Recovery Program grant application; and all other applicable program requirements, laws, orders, regulations, or•
circulars.
2. The grantee agrees to comply with the Assurances and Certifica$ons forms that were submitted as part of its COPS Hiring Recovery
Program application.
3. The funding und'er- this project is for the payment of approved full-time entry-level sworn officer salaries and fringe benefits over three
years (for a total of 36 months of funding) for new or rehired additional, career law enforcement officer positions, hired on or after tlie
award start date. The Financial Glearance Memorandum included- in your award packet specifies the costs that the grantee is allowed
to fund with your CHRP award. It will also descrilie any costs which have been disallowed after review of your proposed budget. The
grantee xnay not use GHRP funds for anything not identified as allowable in the Financial Clearance Memorandum.
4. CHRP grant funds may not be used to replace state or Tocal funds (or, for tribal grantees, Bureau of Indian Affairs funds) that would,
in ttie absence of federal aid, be made available for hiring and/or rehiring full-time career law enforcement officer positions.
5. At the time of grant application, the grantee committed to retauung all CHRP officer positions awarded with state and/or local funds
for a minimum of 12 months at the conclusion of 36 months of federal funding for each position, over and above the number of
locally-funded positions that wouTd have eaiisted in the absence of the grant. You aannot satisfy the retention requirement by using
CHRP positions to fill vacancies from attrition.
6. The grantee may request an extension of the grant award period to receive additional time to implement tlie grant program. Such
extensioris do not provide additional funding: Only those grantees that can provide a reasonable justification for delays wili be granted
no-cost extensions. Reasoriable justifications may include delays in hiring COPS-fund.ed positions, officer tumover, or other
circumstances that intemipt the 36-month grant funding period. An extension allows the grantee to. compensate for such delays by
providing additional time to complete the fu1136 months of funding for each position awarded; Extension requests must be received
prior to tlre end date of the cnvard as extension r•equests received after an aivard has expired ivill be avproved onlv itnder vetv limited
circrtmstances.
7. During the CHRP grant award period; it may become necessary for an agency to modify its CHRP grant award due to changes in an
agency's fiscal or. law enforcement situation. For instance, modification requests should be submitted to the COPS Office when an
agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category or reduce
the total number of positions awarded Grant modifications under CHRP aze evaluated on a case-by-case basis. All modification
requests must be approved, in writing, by the COPS Office prior to their implementation. In addition, please be aware that the COPS
Office wiil not approve any modification request that results in an increase of federal fiutds.
8: The COPS Office may conduct monitoring or sponsor national evaluations of the COPS Hn'ing 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 quarterly programmatic progress reports and
quarterly financial reports in addition to any reports required 6y the Recovery Act. The grantee also agrees to submit all requested
reports in a timely manner.
10. The COPS Office perfonns various functions to ensure compliance with all grant requirements, to assess the implementation of
community policing in awarded jurisdictions, and to provide technical assistance to grantees. Grant monitoring activities are routine
during the grant period and may occur up to three years following the official closure of the grant awazd. These functions, and others,
often require the production of grant-related documentation and other materials. As a GOPS CHRP grantee, you agree to cooperate
with any such requests for information.
11. The grantee agrees to comply with the federal regulations pertaining to the development and implementation of an Equal Employment
Opportunity Plan (28 C.F.R. Part 42 subpart E). For assistance, grantees should consult the Office of Justice Programs, Ofi'ice for
Civil Rights website at www o, jp usdoj,gov/abouUocr/eeop.htm.
12. The grantee agrees to complete and keep on file, as appropriate, a Bureau of Citizenship and Immigration Services Employment
Eligibitity Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in
the United States.
13. All newly hired, additional officers (or an equal number of redeployed veteran officers) funded under CHRP must engage in
community policing activities. Community policing activifies to be initiated or enhanced by the grantee were identified and
described in your CHRP grant application, with reference to each of the following elements of community policing: a) community
Page 1 of 3
U. S. Department of Justice
Offtce of Cornmunity Oriented Policing Services
COPS Hiring Recovery Program Grant Terms and Conditions
partnerships and support; b) related governmental and community initiatives that complement the grantee's proposed use of CHRP
funding; and c) how the grantee will use the funds to reorient its mission or enhance its commitment to community policing.
14. Grantees that provide law enforcement services to another jurisdiction through a contract must ensute that officers funded under this
CHRP grant do not service the other jtuisdiction, but will only be involved in activities or perform services that exclusively benefit the
grantee's own juriscliction. Gzantees cannot use CHRP funds to pay for a contract to receive law enforcement services from another
agency.
15. False statements or claims made in connection with COPS grants may result in fines, imprisonment, or debarment from participating
in federal grants or contracts, and/or any other remedy available by law.
16. The grantee understands that the COPS Hiring Recovery Program is funded through the American Recovery and Reinvestment Act
(Recovery Act) of 2009 and agrees to comply with the extensive accountability and transparency requirements on the use of
Recovery Act funds:
(A) RecoverY Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recinient Responsibilities for Informing
Subrecipients
(1) To maximize the iransparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) (Recovery Act) as required by Congress and in accordance with 28 C.F.R. 70 "Uniform Administrative
Requirements for Grants and Agreements for Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" and 28
C.F.R. 66 "Uniform Administrative Requirements for Grants and Agreements for State and Local Governments," the recipient agrees
to maintain records that identify adequately the source and application of Recovery Act funds.
(2) For a recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local
Govemments, and Non-Profit Organizations," the recipient agrees to separately identify the expenditures for federal awards under the
Recovery Act on the Schedule of Expenditures of Federal Atvards (SEFA) and the Data Collection Form (SF-SAC) required by OMB
Circulat A-133. This shall be accomplished by identifying expenditures for federal awards made under the Recovery Act separately on
the SEFA, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix "ARRA-" in
identifying the name of the federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC.
(3) The recipient agrees to separately identify to each sub-recipient (if any) and document at the time of sub-award and at the time of
disbursement of funds, the federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards
Recovery Act funds for an existing program, the inforxnation fiunished to sub-recipients shall distinguish the sub-awards of
incremental Recovery Act funds from regulaz sub-awards under the existing program.
(4) The recipient agrees to require their sub-recipients (if any) to include on their SEFA information to specifically identify Recovery
Act funding similar to the requirements for the recipient SEFA described above. This information is needed to alloNv the recipient to
properly monitor sub-recipient expenditure of Recovery Act funds as well as oversight by the Department of Justice, Office of the
Inspector General and Government Accountability Office.
(B) Recipient Repotts and Central Contractor Registration
(1) The recipient agrees to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery
Act funds provided through this award Inforntation from these reports will be made available to the public..
(2) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance awazd
funded in whole or in part by the Recovery Act.
(3) The recipient and their. fust-tier recipients (if any) must maintain cturent registrations in the Central Contractor Regish-ation
(www.ccr.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data
Universal Numbering System (DIJNS) Number (www dnb.com) is one of the xequirements for registration in the Central Contractor
Registration.
(4) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and
data elements that will be provided online at www.FederalReporting.gov and ensure that any information that is pre-filled is corrected
or updated as needeci.
(C) Data Elements of Recipient Reports
In accordance with section 1512(c) of the Recovery Act, We recipient agrees that not later than 10 days after the end of each calendar
quarter, each recipient that received Recovery Act funds from a federal agency shall submit a report to that agency that contains -
(1) the total amount of recovery funds received from that agency;
(2) the amount of recovery funds received that were expended or obligated to projects or activities; and
(3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including
(a) the name of the project or activity;
(b) a description of the project or activity;
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U. S. Department of Justice
Offtce of Communily Oriented Policing Setvices
COPS Hiring Recovery Program Grant Terms and Conditions
(c) an evaluation of the completion status of the project or activity;
(d) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and
(e) for infrastructure investments made by state and local governments, the purpose, total cost, and rationale of the agency for
funding the uifrdstructure investment with funds made available under this Act, and name of the person to contact at tlte agency if
there are concerns with the infrastcucture investment.
(4) Detailed infonnation on subcontracts or subgrants (if any) awarded by the recipient to include the data elements required to
comply with the Federal Funding Accountability and Transpazency Act of 2006 (Public Law 109-282), aliowing aggregate reporting
on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget
These reports are in addition to other fmancial and programmatic reports required by the COPS Office.
(D) Access to Records and Interviews
The recipient agrees that the Department of Justice (DOn and its representatives (including COPS and the Office of the Inspector
Generat (OIG)) and the Government Accountability Office (GAO). shall have access to and the right to examine all records (including,
but not limited to, books, papers, and documents) related to this Recovery Act award. The recipient also agrees that DOJ and the GAO
are authorized to interview any oft'icer or employee of the recipient regarding transactioris related to this Recovery Act award.
(E) Reporting Potential Fraud. Waste, and Abuse, and Similar Misconduct
The recipient agrees to promptly zefer to the Office of the Inspector General (OIG) any credible evidence that a principal, employee,
agent, contractor, sub-grantee, subcontractor, or other person has submitted a false claim under tlte False Claims Act or has committed
a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving
eQ- usdoj,go_v, www.usdoj.gov/oig/FOTA/hofline.htm, and
Recovery Act funds. The OIG may be contacted af OIG.hotlin
800.869.4499. (F) Protecting 3tate and Local Government and Contractor WhisUeblowers
The recipient agrees that the Recovery Act pxovides certain protections against reprisals for employees of non-federal employers (state
and locai governments or private contractors) who disclose infotmation to federal officials reasonably believed to be evidence of gross
management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to
contracts or grants using Recovery Act funds.
(G) Separate TrackinQ and Reportine of Recovery Act Funds and Outcomes
The recipient agrees to maintain accounting systems and records that adequately track, account for, and report on all funds from this
Recovery Act award (including officers hired, salaries and fringe benefits paid, and the number of jobs created and jobs preserved)
sepazately from all other funds (including other COPS and federal grants awarded for the same or similar purposes).
(H) Additional Requirements and Guidance
The recipient agrees to comply with any modifications ar additional requirements that may be imposed by law and future COPS
(including government-wide) guidance and clarifications of Recovery Act requirements.
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