Loading...
HomeMy WebLinkAbout07 - Justice Assistance Grant Annual Award�EWPORr CITY OF NEWPORT BEACH �goaH'P City Council Staff Report Agenda Item No. 7 December 13, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department Jay R. Johnson, Chief of Police 949 - 644 -3701, JJohnson @nbpd.org Bill Hartford, Lieutenant PREPARED BY: 949- 644 -3710, BHartford @nbpd.org APPROVED: TITLE: Justice Assistance Grant — Annual Award ABSTRACT: Authorize the City Manager to execute the 2011 Justice Assistance Grant to transfer funds. RECOMMENDATION: 1. Approve Agreement to transfer funds for Fiscal Year 2011, Justice Assistance Grant Annual Award, and authorize the City Manger to execute the Agreement per Council Policies F -3 and F -25. Therefore, to comply with Council Policy F -3, the City Manager may accept grants or donations of up to $30,000 on behalf of the City. 2. Approve a Budget Amendment increasing revenue estimates in the amount of $10,977 in Account #1290 -5257, and increase expenditure appropriates in Account #1290 -7095. FUNDING REQUIREMENTS: The Budget Amendment records and appropriates $10,977 in additional revenue from the Justice Assistance Grant and $10,977 in increased expenditure appropriations. The revenue will be posted to the Fund 129 Account in the Police Department, 1290 -5257, and the purchase will be expensed to the salary account in the Police Department, 1290 -7095, DISCUSSION: In 1996, with the approval of the City Council, the Police Department applied for a grant to establish the position of Crime Prevention Specialist. The grant was part of a Federal program directed at local law enforcement. The Local Law Enforcement Block Grant (LLEBG) Program targeted several areas, including crime prevention. As a result of Justice Assistance Grant — Annual Award December 13, 2011 Page 2 that grant being awarded to the City of Newport Beach, a Crime Prevention Specialist position was established. In 2005, the LLEBG Program was discontinued. Several grant programs, including LLEBG, were then combined into a new Federal grant called the Justice Assistance Grant (JAG). Since 1996, the Police Department has received funding, at continuing smaller amounts, for the Crime Prevention Specialist position from the LLEBG, now JAG. This has required the Police Department to assume greater financial responsibility for the position with each new budget year. The annual salary and benefits for the position of Crime Prevention Specialist is $109,712, and the current grant allowance will be used to offset those costs. The previous annual JAG grants provided $24,569 in 2004; $12,474 in 2005; $7,422 in 2006; and $6,403 in 2007. No funds were received in 2008. In September 2009, due to the President's Economic Stimulus Program, Newport Beach received a 2009 JAG Recovery Act grant award of $54,430, which is separate from the annual awards. In 2010, the Police Department received an award of $13,332. A requirement of the JAG is for all law enforcement agencies in Orange County to apply together in one application. The Federal Department of Justice has established the monetary amount for each agency, based on prior grants received by each agency. The portion of this annual grant designated to Newport Beach for 2011, which is $10,977, bwill continue to provide limited support for the Crime Prevention Specialist position. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by R. J nson Chief of Police Attachment: A. Agreement to Transfer Funds B. Budget Amendment No. 12BA -020 I 2 3 4 5 6 7 8 9 10 I 12 13 14 15 WIN 17 18 19 20 21 22 23 24 25 all 27 AGREEMENT TO TRANSFER FUNDS FOR 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM THIS AGREEMENT is entered into this day of 2011, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY', and a municipal corporation, hereinafter referred to as I " SUBGRANTEE." WHEREAS, COUNTY, acting through its Sberiff - Coroner Department, hereinafter referred to as SHERIFF; in its capacity as the lead agency on behalf of sixteen units of local government, including SHERIFF and SUBGRANTEE, has applied for, received and accepted the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (hereinafter referred to as "the grant'). WHEREAS, the purpose of the grant is to supplement the resources available to the multi agency Orange County Pro- Active Methamphetamine Laboratory Investigative Team (PROACT), and to various programs designated to prevent and control crime within the County of Orange that are operated by individual agencies included in the above- referenced sixteen units of local government, as set forth in Attachment A hereto (Program Narrative in the grant MOU), which is attached hereto and incorporated herein by reference. WHEREAS, the terms of the grant require that certain grant funds be transferred to SUBGRANTEE to be used for the grant purposes, which may include local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for law enforcement, as more particularly described in Attachment A hereto. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order 28 CPDA16.738 FY2011 JAG Program U.S. Department of Justice Page I of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 T1 17 18 19 20 21 22 23 24 25 26 27 28 to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all required information and documentation, as set forth in Attachment B hereto ( "How to Apply for JAG Grant Reimbursements "), which is attached hereto and incorporated herein by reference. In no event I will the total amount of the grant funds transferred by COUNTY to SUBGRANTEE hereunder exceed SUBGRANTEE's allocation, as set forth in Attachment C hereto ( "JAG Program Allocation "), which is attached hereto and incorporated herein by reference. 2. SUBGRANTEE shall be reimbursed with said grant funds only for expenditures necessary to acquire personal property or equipment as set forth in Attachment A hereto [herinafter, called "grant property and equipment"] or to perform such other grant functions, if any, for which Attachment A specifies that SUBGRANTEE may utilize grant funds. 3. Throughout their useful life, SUBGRANTEE shall use grant property and equipment only for grant purposes in accordance with Attachment A hereto. 4. SUBGRANTEE shall exercise due care to preserve and safeguard grant property and I equipment from damage or destruction and shall provide regular maintenance and such repairs for grant property and equipment as are necessary, in order to keep said grant property and equipment continually in good working order. 5. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it only in accordance with the instructions of COUNTY or the agency from which COUNTY received the grant funds. 6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and information in accordance with requirements set out in Attachment D (`Edward Byrne Memorial Justice Assistance Grant Reporting Requirements "), which is attached hereto and incorporated herein by reference. 7. SUBGRANTEE shall comply with all applicable terms of the certification(s) that are attached hereto as Attachment E and incorporated herein by reference. 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E hereto. CFDA 16.738 FY2011 JAG Program U.S. Departmem. of Justice Page 2 of 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RM 25 26 27 28 SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, C, D or E hereto. 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a period of three years after final payment thereunder. 10. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the agency from which COUNTY received grant funds, and their elected and appointed officials, officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement, including Attachments A, B, C, D and E hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the performance of this Agreement, including Attachments A, B, C, D and E hereto. 11. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 12. SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of COUNTY. 13. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B, C, D and E hereto. For the same time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received the grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request, during usual working hours. CPDA 16.738 FY201 l JAG Program U.S. Depanniera of Justice Page 3 of 5 M 2 3 4 5 6 7 8 9 10 11 12 U 14 15 16 17 18 19 20 21 22 23 24 25 26 27 14. SUBGRANTEE shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 15. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, including the applicable terms of Attachments A, B, C, D and E hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 16. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B, C, D and E hereto, and shall not be considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which COUNTY received grant funds. /1 // // // // // // 28 CFDA 16.738 FY2011 JAG Program U.S. Department of Justice Page 4 of 5 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 74 25 26 27 78 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: R , '011 APPROVED AS TO FORM: COUNTY COUNSEL By- Nicole Sims, Deputy DATED: r// 2 2011 DATED: 12011 ATTEST: City Clerk DATED: 2011 CFDA 16 738 FY2011 JAG Program U S Depamnent of Justice is a COUNTY OF ORANGE, a political subdivision of the State of California t %JU1N 1 I SUBGRANTEE Name and Title City ``` J Page 5 of 5 ATTACHMENT A 2011- D.J -BX -2532 City: Newport Beach The City of Newport Beach proposes to use the 2011 Justice Assistance Grant funding as follows: Purpose a Areas• State which Purpose Area(s) out of the following programs your project will be used for - Prevention and education. Program Narrative: The Newport Beach Police Department is requesting 2011 Justice Assistance Grant funding to supplement the salary of the Police Department's Crime Prevention Specialist. This grant will insure our agency is able to seamlessly maintain our Crime Prevention services to our Community, despite mandatory budgetary reductions, This will include crime prevention education to our residential and business communities, Neighborhood Watch groups, and school programs. The Newport Beach Police Department's mission statement indicates that we will respond positively to the Community's needs. The Community has come to expect a vibrant and active Neighborhood Watch Program, as well as other Community outreach programs conducted by the Police Department's Crime Prevention Specialist. Currently, the Crime Prevention Specialist is further expanding social media outlets to further the Police Department's outreach to the Community. Goals of the Project: The goal of the program is to maintain a highly visible program dedicated to 1.) Preventing Crime, 2.) Disseminating correct and realistic information about criminal activity and crime prevention; and, 3.) Enhancing the perception of security within the Community. Strategies to be used for Project: Conduct Neighborhood Watch meetings, crime prevention meetings, and the distribution of electronic and hard copy Community crime alert bulletins to keep the Community informed bf current crime trends in an effort to better prepare the Community to take crime prevention measures. Project identifiers: See JAG Identifiers (attached) Crime Prevention & Education/Crime Prevention Budget and Budget.Narrative: The full amount of the grant, $10,997 twill be used to supplement the salary of the Newport Beach Police Department's Crime .Prevention Specialist.' 2011 -DJ -BX -2532 Page 26 of 38 ATTACHMENT A 2011 -DJ -BX -2532 Timeline and/or Proieet Plan: Identify wben the goals and objectives will be completed This Crime Prevention Specialist position will be continually funded throughout the life of the grant. Funding: Total Allocation: $13,551 PROACT Contribution: $1,355 Administrative Fee (9 %): $1,220 Funds Retained by City: $16,976 2011- DJ -BX- 2532. Page 27 of 38 ATTACHMENT B 2011 -DJ -BX -2532 HOW TO APPLY FOR JAG GRANT REIMBURSEMENTS 1. A letter on vour cities letterhead that includes or states the followine: A. Your agency's request for reimbursement in the amount of $ B. Against Grant Award #2011 -DJ -BX -2532; C. Certification that you complied with all procurement procedures outlined in your agency's procurement manual and financial and administrative requirements set forth in the current OJP Financial guide. D. Name of payee and address of where payment is to be sent E. Letter is to be signed by the person authorized in the JAG Program MOU. 2. Required attachments to the letter: A. Your agency is required to submit quarterly Federal Financial Report using a Standard Form 425 (OMB). This report reflects the cumulative actual federal monies spent, unliquidated obligations incurred, and the unobligated balance of federal funds. The Federal Financial Report is due at the Sheriffs'Department Financial Division by the due dates indicated below: Qtr. ending 03 -31 -YY due no later than 4/10 Qtr. ending 06 -30 -YY due no later than 7/10 Qtr. ending 09 -30 -YY due no later than 10/10 Qtr. ending 12 -31 -YY due no later than 01/10 A helpful hints guide for completing Federal Financial Report is available at the DOJ -OJP website at: http_/ /www.ojp.usdoi.gov /fundi ng/forms.htm B. All invoices /receipts and relevant purchase orders pertaining to federal monies spent. C. Time Sheets and part of payroll register showing personnel name or other individual identifier and details of payroll costs claimed, if any. D. Copies of signed check(s) for purchase(s) and general ledger reports clearly indicating expenditures for the quarter; All of the above documents must be provided to our office: otherwise your claim will not be processed. If you have any questions please call Karla Lazaridis at (714) 834 -6675. Send your claim to the Attention of Karla Lazaridis at 320 N. Flower Street, Suite 108, Santa Ana, CA 92703. ATTACHMENT C 2011 JAG PROGRAM ALLOCATIONS Award #2011 -Dj -BX -2532 'CITY 2010 Funds TO PROACT (Includes . Admin. Fee) Total % ALLOC Amount To PROACT ADM. FEE 9% Funds Retained by Individual Agencies OCSl) $ 16,938 $ 3,218 10% $ 1,694 $ 1,524 $ 13,720 Anaheim $ 118,537 $ 15,410 40/6 $ 4,741 $ 10,668 $ 103,127 Buena Park $ 24;984 $ 2,249 0610 $ - $ 2,249 $ 22,735 Costa Mesa $ 27,585. $ 2,483 0% $ . $ 2,483 $ 25,102 Fountain Valley $ , 10,012 $ 901 0% $ $ 901 $ 9,111 Fullerton $ 42,436 $ 8,063 10% $ 4,244 $ 3,819 $ 34,373 Garden Grove . $ 54,293 $ 4,886 0% $ $ 4,886 $ 49,407 Huntington Beach $ 34,511 $ 3,106 0% $ $ 3,10.6 $ 31,405 Irvine. $ 12,855 $ 2,442 10% $ 1,286 $ 1,157 $ 10,413 La Habra $ 17,725 $ 3,368 10% $ 1,773 $ 1,595 $ 14,357 e Beach 7 0 7 OranLye $ 19,539 T= 0 Santa 11,027 /a Stanton $ 14,246 $ 2,707 10% $ 1,425 $ 1,282 $ 11,539 Tustin $ 10,223 $ 1,942 10% $ 1,022 $ 920 $ 8,281 WesWaster $ 25,952 $ 3,262 0% .$ 926 $ 2,336 $ 22,690 G;0'6;Cs8A..; ,$ 91,351 ;! $ 3'6,7x 9 515,3:30, ATTACHMENT D 2011 -DJ-BX -2532 FY2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM REPORTING REQUIREMENTS Programmatic Reportine Categorical Assistance Progress Reports Reporting on the progress of the grant program is required. Some grants may require an annual submission of progress report information. Most programs require semiannual and/or quarterly reporting. Reporting requirements are specified in the grant solicitation and in the special conditions specified in the award. Questions concerning progress reporting should be directed to the Program Manager for the award. . Quarterly Programmatic (PMT) and Federal 1512 Reporting periods are: January 1— March 31 April 1— June 30 July 1— September 30 October 1— December 31 Reporting requirements must be met during the life of the grant. A full explanation of these requirements can be found in the OJP Financial Guide, which may be accessed at http: / /,Aww.ojp. usdoj .gov /financialguide /index.htm Also check special conditions on awards for additional reporting requirements. GPRS (see Step 5) will not permit access to funds if financial reporting is delinquent. The following information concerns: • Single Audit Reports • Categorical Progress Reports �. Federal. Financial Reports Single Audit Reports A special condition may be included with your award that details reporting requirements for audit reports. Please review and comply with that special condition. There is no form for submission of audit reports; however, a transmittal letter is needed. Information about the letter and the rules for single audits may be found in the OJP Financial Guide under Part III, Postaward Requirements, Chapter 19: Audit Requirements and in OMB Circular No. A -133, Audits of States, Local Governments; and Non -Profit Organizations. ATTACHMENT D 2011 -DJ -BX -2532 The submission of audit reports for all grantees shall be as follows: • State and Local Governments, Institutions of Higher Education, and Nonprofit Institutions. Completed audit reports for fiscal years earlier than 2007 should be mailed to the Federal Audit Clearinghouse, Bureau of Census, 1201 East I Oth Street, Jeffersonville, IN 47132. Completed audit reports for fiscal years 2008 and later should be submitted on the Federal Audit Clearinghouse's Web site at http:t/harvester.census.gov /sac. Do NOT submit your audit reports to OR unless specifically requested. • Commercial Organizations and Individuals. One copy of all audit reports should be mailed to Office of Justice Programs, Office of the Chief Financial Officer, ATTN: Control Desk, 810 Seventh Street NW., Room 5303, Washington, DC 20531. Direct any questions regarding the grant program to Susie Cabrera. scabrera@ocsd.org 431 The City Drive South Orange, CA 92868 (714) 935 -6869 ATTACHMENT E OJP FORM 40M (REV. 3-V) PREVIOUS EDITIONS AREOBSOLEPE OJP FORM 40002 (REV. 4 -88) Office of Justice ProRlSms � Bureau of Justice Assistance Grant PAGE I OF 6 I. RECIPIENT NAME AND ADDRESS 0.d,la,g Zip Code) 4.AWARDNUMBER: 2011 -DJ -10I-2532 Cavnp•o(0mna ' lacivic Cemu'Plaza 5.PROJMCTPERIOD.FROM 10101A2010 TO 09302014 Santa Ana. CA 92701 -4017 BUDGET PER7OD: FROM 10/012010 TO 09302014 6.AWARODATE OB/12I2011 S. SUPPLEMENT NUMBER 7, ACTION Initial I A. GRANTEE7RS(VENDOR NO. 950009291 00 9, PREVIOUS AWARD AMOUNT So 3. PROJECT TITTLE 10. AMOUNT OF THIS AWARD 8606,689 P1' 2011 Js9im A#islsnea Gann Pmeam 11. TOTAL AWARD $606.689 12. SPECIAL CONDITIONS THE ABOVE GRANT PROIECTIS APPROVED SUBIECP TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT Ibis project is sapponed under FYI IOIJA - JAG) 42 USC 3750• ascq. 15.1,15THODOFPAYMFNT GPRS AGENCYAPPROVAL GRANTTiEACCFATANCE 16. TYPED NAMEAND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANITE OFFICIAL Denitt ODnnncll BRT Campbell Director Ohai.an 17. SIGNATURE OF APPROVING OFFICIAL 19. SI GNATUREOFAUTHORIZEDRECMJ13NTOFMCIAL 19A.DATE AGENCYUSEONLY 20 ACCOUNTING CLASSIFICATION CODES 21. KDJUGT009S FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB, POMS AMOUNT X B DI 80 00 00 606659 OJP FORM 40M (REV. 3-V) PREVIOUS EDITIONS AREOBSOLEPE OJP FORM 40002 (REV. 4 -88) Department of Justice - e Office of Justice.Programs £ a Bureau of Justice Assistance N: I AWARD CONTINUATION SHEET Grant PROJECTNUMRER 2011- DI- aX -'.32 AWARD DATE 08/112011 FACE 2 OF 6 SPECIAL CONDITIONS I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide, 2. The recipient acknowledges that failure to submit an acmi mble Equal Employment Opportunity Plan (if recipient is requited to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. - 3. The recipient agrees to comply with the organizational audit requirements of OMR Circular AA 33, Audits of States, Local Governments, and Non -Profit Organizations.-and funher understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular AA 33 audits (mid any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in suppoif of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. - 5. The recipient must promptly refer to the DOI OIG any credible evidence that a principal, employee, agent, contractor, subgmmee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, a' similar misconduct involving grant funds. This condition also applies in any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported w the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Waslih ramp, DC 20530 e -mail: oig.hodine @usdoj.gm hodine: (contact information in English and Spanish): (800) 969 -4499 or hotline fax: (202) 616 -9881 Additional information is available from the DOJ OIG we6ske at www.usdoj.gov /oig. 6. Recipient understands and agrees that it cannot use any federal funds, either dually orindirectly, in support of any cono'act or subawm d to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without 14C express prim' writer approval :of OJP. 7. The recipient agrees to comply with any additional requirements that maybe imposed during the grant performance period if the agency determines that the recipient is a high -risk grantee. Of. 28 CRR. parts 66, 70. O7P FOAM 4D1702 (REV. 448) Department of justice Office of Justice Programs AWARD CONTINUATION F' Bureau of Justice Assistance SI'IEET PACE 3 or a Grant PRO)ECTNnMBER 2011 -Dj -BX -253? AWARDDATE 08/1 -_+011 SPEC /AL CONDITIONS S. Pursuant to Executive Order 17513, "Federal C.eadership on Reducing Tex( Messaging While Driving," 24 Fed. Be-' 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the worse of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 9, Therecipient agrees mcornply with applicable mquirementsregarding Central Contractor Registration(CCR)and applicable restrictions on subawards to first -tier subrecipients that do not acquire and provide a Data .Oniversal Numbering Systero (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http:/ /www.ojp.gov /funding/ccr.hlm (Award condition: Central Contractor Registration and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non -profit organization that hew she may omm or operate in his orber name). 10. The recipient agrees to comply with applicable requirements to report first -tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the fi ve most highly compensated executives of the recipient and first -tier subsecipients of award funds.. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http: / /www.ojp.gov /funding /ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and a incorpmated by reference here. This condition, and its reporting requirement does not apply to grant awards made to an individual who received the award as a natural person (i.e, unrelated to any business or non -profit organization that he or she may own operate in his or her name). I I., The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest - bearing account.) The fund, including any interest, may not he used to pay debts or expenses incurred by otter activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest eared) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF -425). 12. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the safisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 13. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Mode) (NJEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriefion all schemas generated as a result of this grant to the component registry as specified in the guidelines. Formoreinformation on compliance with this special condition, visit hap:// www. niem.gov /implemmiationguide.php. pre FORM 400072 (REV, 4 -8R) ° Department of Justice Office of Justice Programs AWARD CONTINUATION s 'r< ` Bureau of Justice Assistance SKEET FADE a OF s t�" Grant I PROJECTNUMBER 201 I.W. .2332 AWARD DATE 0 9(1 L2011 SPECIAL CONDITIONS 14. The grantee agrees to assisr BJA in complying with the National Environmental Policy Act (NEPA), lbe National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant fonds, either directly by the grantee orby a subgrantee. Accordingly, thegrantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following acti vities Will be funded by the grant, the grantee agrees to comact BIA. The grantee understands that this special condition applies to its following new activities wheNer or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgramee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition art: a. New construction; . . . b. Minor renovation a mmode)ing of a property located in an environmentally or historically sensitive area, including P) operties located within a 100 -year flood plain, a Welland, or habitat for endangered species, or a property listed on or eligible for listing on die National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic pior use or (b) significantly change its siu; d. Implementation of a new program involving, the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine m lthantphelaminelaboratory operations, including the identification, seizure, or closure of clandestine metlhamphetwome laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and /or on Environmental Impact Statement, as directed by B3A. The grantee forth" understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http:// www. ojp .usdoj,govBJA /r esoumebupa.html, for programs relating to meshamphetamine laboratory operations Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 15. The recipient agrees that any information technology system funded or supported by OR funds will comply with 28 C.P.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP. determine 28 C.F.R. Pan 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c) -(d). Recipient may not satisfy such a fine witlt federal funds 16. The recipient agrees to ensure that he State Information Technology Point of Contact receives written notification regarding any informaton taehnology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology. projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement For a list of State Information Technology Points of Contact, so to http: / /www.it.ojp, gov /detault.aspx ?area= policyAndPractioe&page =1046. O)P'PORM'4000R (REV. 4.68) Department of Justice a i Office of Justice Prcgi ams AWARD CONUNUATION ii ¢ Bureau of Justice Assistance SHEET PAGE 5 of u Grant PROIECTNUNBER 201I-Dr -BX -2532 AWARD DATE 08/1212011 SPECIAL CONDITIONS 17. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Pan 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation "). The Equal Treatment Regulation provides in pan that Department of. Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or pioselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded prog am, and participation in such activities by individuals receiving services from the grantee or a sub- eramee, must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are notpermitted to discriminate in dwprovision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award; faith - based organizations may, in some circumstances, consider religion as a basis for employment. See hrtp://www.ojp.gov/Abouttoa/equaLfbo.litm. _ 18. The recipient acknowledges that all programs funded through subawards, whether at the state m local levels, must conform to the grant program requirements as stated in BIA program guidance. 19. Grantee agrees to comply with the requirements of 28 C.F.R. Parr 46 and all Office of Justice Programs policies and In ocedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 20. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section.3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data Or information. Grantee further agrees, W a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Pan 22 and, in particular, section 22.23. 21. The recipient agrees that funds received under this award will not be used to supplant Stale or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 22. Award recipients most submit quarterly a Federal Rnancial Report (SF -425) and annual performance reports through GMS (hops: / /grants.cjp.usdcj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (OPRA), P.L. 103 -62, applicants who receive funding under this solicitation must provide dale that measure the results of their work. Therefore, quarterly performance metrics reports must he submitted throueh BJA's Performance Measmemerrt TOOL( PMT) website (www.bjapwformaumtools.org). Formoredetailed information can reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 23. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, reguladons, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 24. Award recipients must verify Point of COMUI(POC), Financial Point Of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone im nber and Email address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. ONFORM 40W12 (REV.4 -88) Department of Justice Office of Justice Programs AWARD CONTINUATION % gµ. Bureau Of Justice Assistance I SHEET PAGE 6 OF 6 N::.,..�f r Grant PROJECTNOMDER 2011-1- SX -25s2 AWARD DATE 081122011 I SPECIAL CONDITIONS 25. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent tank, will complete required online (imemet- based) task force training. The naming is provided free of charge online through BJA's Center for Task Force Integrity and l..eadesship (www.cd0i.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberieshights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www,ctfli.org). 26. Recipient may not expand of drawdown funds until the Bureau of Justice Assistance, Office of Justice programs has received documentation demonstrating that the state or local governing body review and/or community notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 27. The recipient agrees expeditiously to obtain active registration With the Central Contractor Registration (CCR) database, and to notify due program office in writing of its registration. Following satisfaction of this requirement, a Gram Adjustment Notice will be issued to remove this special condition. 29. Recipient may not expend, in drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice ( CAN) informing the recipient of the approval, 29. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award rccipimt at a rate that exceeds 110%a of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non - federal funds.) This limitation on cemperssation rates allowable under this award may be waived on an individual basis At the discretion of the OJP official indicated in the program announcement under which this award is made. 07F FORM 4OW12 MEV. 0.88) City of Newport Beach BUDGET AMENDMENT 2011 -12 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 11BA -020 AMOUNT: $1osn.00 �X Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase revenue estimates and expenditure appropriations to accept the 2011 Federal Justice Assistance Grant (JAG) which will be used to offset the salary and benefit expense related to the Crime Prevention Specialist position. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 010 3605 General Fund - Fund Balance $10,977.00 REVENUE ESTIMATES (3601) Fund /Division Account Description 1820 5134 Police - Support Services - JAG City Staff Services $10,977.00 129 5257 Misc Grants - JAG Revenues $10,977.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 1290 Misc Grants Account Number 7095 Salary Reimbursement $10,977.00 Division Number Account. Number Division Number Account Number Division Number Account Number ` Automatic System Entry. Signed: �-- qq ''• 4" - �� Financial Approval: nistrative Services Director Date Signed: I C-A �7./ -)III Administrativ oval: City Manager Date Signed: City Council Approval: City Clerk Date